Yachts in Ibiza: Legal advice for owners

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Yachts in Ibiza are not only a symbol of luxury and lifestyle. They are also a considerable investment for their owners.

With the crystal clear waters and breathtaking scenery that Ibiza has to offer, it is understandable why so many yacht owners choose this destination. 

Every year thousands of yachts sail its  waters, offering unique and unforgettable experiences.

However, in order to fully enjoy your experience at sea, it is important to understand the legal aspects surrounding the ownership and use of your yacht.

Here are some important legal tips that every yacht owner should know.

Buying and selling a yacht in Ibiza:

Buying and selling a yacht is a complex operation that requires legal advice. 

It is important to verify the legal situation of the boat, including its registration, encumbrances and possible liens. 

It is also necessary to draw up a contract of sale that sets out all the terms and conditions of the transaction.

In addition, it is advisable to carry out a thorough inspection of the vessel before finalising the purchase to avoid any unpleasant surprises in the future.

Flag and registration:

All vessels sailing in Spanish waters must be registered with the appropriate Capitanía Marítima.

The flag determines the nationality of the yacht and its flag.

Registration allows the vessel to be entered in a public register, which facilitates the transfer of ownership and the creation of mortgages.

Flying the flag and registering a yacht in Ibiza are legal procedures that must be carried out in accordance with the regulations in force. 

These procedures vary according to the flag under which the vessel is registered and can have significant implications in terms of taxation, liability and navigation. 

Ensure that your yacht is properly registered and complies with all applicable regulations before you set sail.

Leasing and moorings:

If you are considering leasing your yacht in Ibiza or renting a mooring in a local marina, it is important to understand the legal and financial terms involved.

Yacht chartering is an activity regulated by the Ley de Arrendamientos Urbanos. 

It is important to draw up a rental contract that sets out all the terms of the rental.

Including the duration, price, deposit and responsibilities of the parties. 

For moorings, it is necessary to obtain authorisation from the Port Authority.

Taxes and fees for owners:

Owners of yachts in Ibiza are subject to a number of taxes and fees:

• Registration tax
• Value Added Tax (VAT) 
• Property tax (IBI). 
• Captain’s fees
• Harbour dues

If your boat is not new and you are buying it from a private individual, you will not have to pay VAT.

In this case you will have to pay the transfer tax or ITP (Impuesto sobre Transmisiones Patrimoniales).

It is important to be aware of your tax obligations and to comply with the payment deadlines in order to avoid penalties and fines.

Civil Responsibility and Insurance:

Yacht owners are liable for any damage they may cause to third parties. 

Firstly, safety protocols must be established on board and all maritime regulations must be followed to minimise the risk of accidents.

It is important to have liability insurance to cover these risks, both property damage and personal injury in the event of an incident.

It is also advisable to take out hull and machinery insurance to protect the boat in the event of an accident or breakdown.

We have given you some basic advice in this article, but we recommend that you consult a maritime lawyer.

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