Spain’s RD 1188/2025: what changes for unlicensed boat hire on 1 October

Last reviewed: 13 August 2026

From 1 October 2026, Spain’s exemption allowing certain small craft to be operated without a recreational boating qualification will be expressly restricted. The main change concerns motorboats up to 5 metres and a maximum nominal power of 15 hp: the exemption will be limited to private use, so it can no longer support commercial hire without the operator holding an appropriate qualification.

The reform does not prohibit boat hire and does not make Spain’s Navigation Licence the automatic answer for every vessel. The required qualification depends on the craft and the intended navigation.

Which rule changes, and when?

Royal Decree 1188/2025 amends several Spanish merchant-marine regulations. Its fourth article replaces article 10 of Royal Decree 875/2014, which contains exceptions to recreational boating qualifications.

Most of RD 1188/2025 entered into force on 31 December 2025, but this particular amendment has a deferred date: 1 October 2026. The former wording remains applicable until 30 September; the new text applies from 1 October.

Before and after 1 October

Situation	Until 30/09/2026	From 01/10/2026
Motorboat up to 5 m and 15 hp	May be operated without a qualification within the exemption limits	Exempt only where use is private
Hired motorboat with those characteristics	May fall within the current exemption	Operator must hold an appropriate qualification
Sailing craft up to 6 m	Included in the current exception	New wording refers to sporting use; each operation requires fact-specific review
Floating or beach craft	Included, except personal watercraft	A specific exception remains, except personal watercraft
Common limits	Adult, daytime navigation, maximum 2 nautical miles	Those limits remain for cases still exempt

This is a practical summary, not a substitute for the legislation. Classification, actual use and applicable requirements must be checked before contracting or handing over a craft.

Which hire businesses are primarily affected?

The change clearly addresses hire fleets of small motorboats previously operated without a qualification under article 10: up to 5 metres, maximum nominal power of 15 hp and no power-reduction device.

From October, dimensions and power alone will not be enough where the craft is hired. The operator must hold a qualification whose privileges cover the boat and intended navigation.

It is inaccurate to say that every hired motorboat or sailing boat will require a Navigation Licence. Larger boats were already outside this narrow exception and required the relevant qualification. The Navigation Licence also has defined privileges: craft up to 6 metres, suitable engine power according to the manufacturer, daytime navigation and no more than 2 nautical miles from a port, marina or place of shelter.

What remains for private use?

The new wording preserves the exemption for private use of motorboats up to 5 metres and 15 hp. Private use should not be described merely as ownership: the legal wording concerns the nature of the use, not just the registered owner.

The express limits remain:

• the operator must be at least 18;

• navigation must be during daylight;

• the craft may not travel more than 2 nautical miles from the departure port, marina or beach;

• personal watercraft remain excluded from this regime.

The exemption does not remove other safety, documentation, navigation-zone, insurance or regional requirements.

What should a charter operator check?

Before October, operators should implement an auditable procedure:

1. Identify each vessel, length, power and authorised activity.

1. Determine the qualification covering the vessel and navigation offered.

1. Verify identity, validity and document correspondence before handover.

1. Record skipper information in the hire contract where appropriate.

1. Retain evidence lawfully and in line with data-protection rules.

1. Update websites, booking terms, advertising and intermediary instructions.

1. Train handover staff and document safety briefings.

1. Review declared activity, permitted users and claim documents with the broker or insurer.

Operators working across Spanish regions or with foreign-flagged craft should also check territorial, registration and qualification-recognition requirements.

Insurance implications

RD 1188/2025 changes a qualification rule; it does not rewrite every charter policy. The insurance consequences depend on the contract.

Review:

• declared commercial use and hire model;

• skipper, customer and qualification requirements;

• territorial scope and navigation limits;

• compulsory and voluntary liability;

• hull cover, deductibles and exclusions;

• occupant accident cover where required or purchased;

• disclosure, prevention and record-keeping duties;

• contractual consequences of breach and any causal relationship to a loss.

It is not legally sound to claim that every breach will automatically void a claim. The wording, facts, cause of loss, breached duty and applicable law must be analysed. Handing a craft to an unqualified operator can nevertheless create a serious coverage dispute and administrative exposure.

Is the Navigation Licence always required?

Not necessarily. It may be sufficient for craft up to 6 metres, with manufacturer-suitable power, during daylight and within 2 nautical miles of a port, marina or place of shelter. If the boat or voyage exceeds those privileges, the corresponding higher qualification will be needed.

The operator should not advise customers on a document without checking the vessel specification, authorised area and offered activity.

Frequently asked questions

Does all unlicensed boat hire end in Spain on 1 October?

The reform removes the ability to rely on the small-motorboat exemption for hire. “Every boat without a licence” is broader than the legal amendment and may be inaccurate for other craft or uses.

Can current operations continue until 30 September?

The article 10 amendment takes effect on 1 October. Until then, the current wording remains in force, alongside all other administrative, operational and insurance requirements.

Can private users continue without a qualification?

From October, the exemption remains for private use of motorboats up to 5 metres and 15 hp within the age, distance and daylight limits. Private use is not automatically identical to ownership.

Will insurance always reject a claim involving an unqualified user?

That cannot be stated automatically. The policy, cause, circumstances and applicable law must be reviewed. Lack of qualification can be highly material and may cause a coverage dispute as well as administrative consequences.

Must the policy be replaced before October?

Not necessarily, but operators should obtain written confirmation that the declared activity, craft, users, qualifications and procedures are compatible with the policy.

Recommended transition plan

During August and September, identify affected craft, define acceptable qualifications for each unit, update contracts and sales channels, train staff and agree a document protocol with the broker. Waiting for the first October booking increases operational risk.

Nautilux Marine Broker can review declared operations, liability and hull insurance, and fleet documentation before the change. Explore our yacht and boat insurance or request a specific charter review.

*General information reviewed on 9 August 2026. It is not legal advice and does not confirm insurance cover. Current regulations, administrative decisions, the policy, the vessel and each operation must be checked.*