Rental pleasure boats will require a license or qualification starting October 1st

The new regulation eliminates the exemption for rental boats of lesser length and maintains the current conditions for those intended for private use.

Rental pleasure boats will require a license or qualification starting October 1st
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Individuals operating rental pleasure boats will need to have a navigation license or the corresponding qualification from October 1st. The change also affects motor boats up to five meters in length and a maximum nominal power of 15 HP, without power-reduction devices, which could previously be operated without qualification under certain conditions.

The General Directorate of Merchant Marine (DGMM), under the Ministry of Transport and Sustainable Mobility, has reminded about the entry into force of this amendment, as outlined in Royal Decree 1188/2025 of December 26th. The regulation modifies Article 10 of Royal Decree 875/2014 of October 10th, which governs nautical qualifications for operating pleasure boats.

The main novelty lies in differentiating the applicable regime based on the use of the boat. The existing exemption for certain small-length units will no longer apply once they are designated for nautical leasing and thus engage in commercial activity.

In this way, those renting a pleasure boat included in these cases will need to have the corresponding license or qualification starting in October to operate it by their own means. The Ministry links the modification to maritime safety and the prevention of incidents and accidents related to boats used in rental arrangements. The Administration believes that the training and qualification of the renters of these smaller units may help reduce such incidents.

The change does not extend, however, to equivalent boats intended solely for private or sporting use. In these cases, the possibility of operating motor pleasure boats less than five meters in length without a license or qualification remains.

There is also an exception for sporting use of sailing boats up to six meters in length and for the handling of floating or beach devices. These possibilities are subject to navigation limits: boats and devices may not drift more than two nautical miles from the port, marina, or beach from which they have departed, and their use must occur during daytime navigation.

The modification that will come into effect on October 1st also does not change the regime for jet skis. These units were already excluded from the now-modified exemption and remain subject to the qualification requirements established in Article 5 of Royal Decree 259/2002 of March 8th.

As a general rule, to operate a jet ski, it is necessary to possess a license or qualification. However, the regulation contemplates certain rental circumstances where the user does not need to have one. This pertains to hourly or fractional rentals intended for group excursions in navigation, individual excursions accompanied by a guide, or circuit navigation.

The General Directorate of Merchant Marine also specifies the territorial scope in which this regime is applicable. The provisions of Royal Decree 875/2014 are limited to the waters in which the DGMM has competencies over the general regulation of maritime navigation.

According to the definition in Law 14/2014, of July 24th, on Maritime Navigation, this scope includes navigations carried out in maritime waters and in accessible inland maritime waters for ships from the sea, up to the point where the effect of tides becomes significant. It also includes the navigable sections of rivers up to where there are ports of general interest.

Outside of these cases, navigation in inland and non-maritime continental waters remains subject to the regulatory legislation of public hydraulic property and to the provisions corresponding to the Ministry for Ecological Transition, through the General Directorate of Waters or the river basin authorities.

The entry into force of the new regime thus specifically affects the market for the rental of smaller boats that until now could be operated without qualification under the conditions envisaged by the regulation. Starting October 1st, their commercial nature will determine the obligation for the person in charge of operating the boat to have a navigation license or appropriate qualification, while the exemptions provided for certain private and sports uses remain.

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