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THE EYB COUNTRY GUIDES · Spain
Check what the berth agreement actually gives you, compare published port charges carefully and put the boat purchase in writing.
Buying a boat Catalonia involves two decisions that deserve separate attention: acquiring the vessel and securing somewhere suitable to keep it. As a practical recommendation, ask for the boat's ownership documents and the berth agreement before discussing a combined price. A seller's statement that a berth is included does not explain who provides it, what contractual right exists or whether the proposed arrangement suits your intended use.
Catalonia's port legislation contains useful distinctions between preferential berth use, visiting craft and staying aboard. Published public-port charges provide another concrete reference, but they are not a universal marina quotation. This guide uses those official sources to help you ask precise questions and keep the purchase, mooring and operating costs separate. For anything this guide does not cover, email us at info@europeanyachtbrokers.com for the latest information.
Key facts at a glance
Article 105(2) of Catalonia Law 10/2019 places temporary berth-use contracts outside reserved public use under private law, subject to the statute and the port's management title.
BOE — Catalonia Law 10/2019 on ports ·Article 105(3) describes preferential use rather than an unconditional right to remain in one exact berth; a justified temporary relocation is possible.
BOE — Catalonia Law 10/2019 on ports ·The Ports de la Generalitat taxes page publishes updated 2026 charges effective from 14 July 2026.
Ports de la Generalitat — port taxes ·The published TA5 charge for a visiting boat moored bow or stern to directly managed infrastructure is €0.625 per square metre per day in the 2026 table.
Ports de la Generalitat — port taxes ·Article 118 of Spain's Maritime Navigation Act requires a vessel sale in writing; Article 121 extends the chapter to boats insofar as their nature permits.
BOE — Maritime Navigation Act 14/2014 ·Section 1
As a practical recommendation, request the berth contract itself rather than relying on the sales particulars. Article 105(2) of Catalonia Law 10/2019 says that temporary transfers of the use of berths and land spaces outside reserved public use are governed by private law between the contracting parties, subject to the legislation and management title. That tells you to examine the actual parties, term and conditions. It does not establish that every boat sale carries the seller's existing berth arrangement with it.
Article 105(3) describes a preferential right of use and allows justified temporary changes of berth or land space. As a practical check, ask the manager to explain the space offered, its permitted dimensions and how relocation would affect access. Record the answer alongside the contract. Avoid valuing a named berth as an immutable asset simply because it appears in a photograph or because the seller has occupied it for several seasons. The source supports preferential use, with an express qualification.
Visiting arrangements need a separate enquiry. Article 107 addresses access to transit berths and services for craft fitting the port's characteristics under the management conditions; occupying a transit berth entails the corresponding tariff. As a practical recommendation, obtain written availability for your dates and dimensions before treating a visitor tariff as a solution. A legal description of access is not confirmation that a particular berth will be vacant on your arrival. Keep any availability message separate from the vessel purchase agreement.
Broker tip: As a practical recommendation, ask the berth provider to identify the contract you would sign and any conditions for taking over the seller's arrangement. Keep its written response with the purchase papers. See also our guide on how to buy a boat in Spain.
Boat on a marina berth being prepared for sale.
Private berth contracts
Section 2
Spain's Maritime Navigation Act provides a useful starting point for checking the purchase documentation. Article 118 requires a vessel sale to be in writing, while Article 121 extends the chapter to boats insofar as their nature permits. As a practical recommendation, obtain advice on how those provisions apply to this vessel and transaction, especially where registration or consumer protection is involved. The written agreement should identify what you are buying rather than leaving the boat, loose equipment and berth proposal bundled into an unexplained total.
Article 117 deals with the accessories and other items included in a vessel sale and provides for an inventory. As a practical recommendation, prepare a dated equipment schedule with the seller and distinguish installed items from property to be removed. Photographs help identify the items but should accompany a clear written list. Record the condition of any essential equipment you expect to use immediately after delivery. This is a practical way to avoid uncertainty about what the agreed purchase price actually covers.
Article 118 also connects acquisition of ownership with delivery and addresses effects against third parties through the movable-property register formalities stated in the article. As a practical recommendation, have a qualified adviser coordinate delivery, payment and the relevant registration evidence. Do not assume signing alone resolves every ownership or third-party question. Where the seller is a business, the buyer is a consumer or the transaction crosses borders, ask which additional rules apply before relying solely on the vessel-sale chapter.
Broker tip: As a practical recommendation, make the equipment inventory, delivery arrangements and berth proposal separate written items. Ask a qualified adviser to explain any registration or consumer-law requirements before you commit to payment. Readers often go on to our guide on whether you need a boat survey in Spain.
Mooring line and fenders on a marina berth.
Written sale requirement
Looking at a boat in Spain and want a second opinion before you commit? Speak to one of our brokers.
Section 3
Ports de la Generalitat publishes a 2026 tax update effective from 14 July 2026 and a TA5 table for leisure craft. For directly managed infrastructure, the listed visiting-boat bow or stern mooring rate is €0.625 per square metre per day; the corresponding base-boat rate is €0.201. These are specific public-port tariff categories. As a practical recommendation, ask whether your proposed berth falls within that infrastructure and classification before using either figure. They are not a complete quotation for every privately operated marina.
The same directly managed table lists additional water and electricity charges. Water is €0.024 per square metre per day, electricity €0.038, and both together €0.062. As a practical recommendation, ask which additions apply and how the assessable area and stay are determined for your boat. A published unit rate does not settle the entire bill. Obtain a written explanation of any other applicable services or charges and compare like-for-like periods before treating one port's estimate as cheaper than another.
An explicitly hypothetical calculation shows how the selected units work. Assume the port confirms an assessable area of 40 square metres and ten chargeable days for a visiting bow or stern mooring. The listed mooring item would be €250, and the listed combined water-and-electricity item would add €24.80, making €274.80 for those selected items. This is arithmetic using stated assumptions, not a boat quotation. As a practical recommendation, obtain the actual assessment and complete applicable bill from the relevant operator. No complete boat-specific berth quotation was obtained; selected public-port tariff items are not private-marina prices or a complete bill. No individual berth contract, port management title or vessel documents were inspected. Assignment, availability and permission for the intended use require individual confirmation. For these, email us at info@europeanyachtbrokers.com for the latest information.
Broker tip: As a practical recommendation, request a dated written quote showing berth classification, assessed area, chargeable days and every additional item. Use the official table to question the calculation, not to promise yourself a final cost. Our guide on whether you pay VAT on a boat in Spain covers a related point.
Boat keys and documents handed over on a chart table.
Published tariff date
The Ports de la Generalitat taxes page states that the 2026 update takes effect on 14 July 2026.
Source: Ports de la Generalitat — port taxesIn its 2026 directly managed TA5 table, visiting bow/stern mooring is €0.625 per square metre per day and base bow/stern mooring is €0.201 per square metre per day.
Source: Ports de la Generalitat — port taxesThe 2026 directly managed table lists water at €0.024, electricity at €0.038 and the combined service at €0.062 per square metre per day.
Source: Ports de la Generalitat — port taxesUsing the published visiting bow/stern and combined-service rates, an assumed assessable 40 square metres for ten days produces €250 plus €24.80. These selected items total €274.80; this is an illustration, not a complete charge or quotation.
Source: Ports de la Generalitat — port taxesSection 4
Article 105(5) says that boats moored in ports must normally be intended for navigation and assigns responsibility for their documentation and insurance to the owner, or in the owner's absence to the holder of the berth-use right. As a practical recommendation, check the boat's operational condition and documents before agreeing to take over any arrangement. A vessel that appears comfortable alongside still needs to fit the applicable port conditions. Ask the manager and relevant authority about your proposed use rather than inferring permission from neighbouring boats.
Staying aboard deserves a precise enquiry. Article 105(7) requires communication to the manager when crew stay aboard as a complement to navigation, and addresses opposition where suitable port services or the vessel's autonomous safety and environmental provisions are lacking. As a practical recommendation, describe your planned stays accurately and ask what evidence or communication is required. Avoid treating a seller's occasional nights aboard as approval for a different pattern of use. The relevant distinction concerns the proposed activity and applicable conditions.
Article 105(6) separately restricts residential, hotel and tourism uses of floating artefacts unless the port authority expressly authorises them, with further planning qualifications. As a practical recommendation, do not interpret this as a simple permission or prohibition covering every overnight stay on every vessel. Ask how the authority classifies your intended activity and check the actual port agreement. Record any response before purchase if living aboard or earning income from accommodation is central to your plans. Confirm current requirements with the relevant authority or a qualified adviser.
Broker tip: As a practical recommendation, explain your intended overnight use to the manager before buying. Ask for the applicable agreement and written instructions; a seller's past practice is not evidence of approval for your plans. A related question is answered in our guide on how to register a boat in Spain.
Boat registration at a marina office.
Navigation and documentation
Practical support
Peter Mattey is a yacht broker at European Yacht Brokers with a BA in Law. He is not a Spanish lawyer: for Spanish law and tax we refer you to a locally qualified adviser. What we can do is help you plan the purchase, put the right questions to the other side and spot gaps in the paperwork before you commit.
If you are looking for a boat in Spain, tell us the type of boat, your budget and the area through the enquiry form on this page and a broker will reply. For anything this guide does not cover, email us at info@europeanyachtbrokers.com for the latest information.
The handover of a boat at the dock.
Your questions
The cited port law does not establish an automatic transfer with every boat sale. Article 105(2) places the relevant temporary berth-use arrangements under private contracts, subject to the legislation and management title. As a practical recommendation, read the actual agreement and obtain the provider's written explanation of any proposed takeover before attaching a value to the berth. (BOE — Catalonia Law 10/2019 on ports)
Article 105(3) describes preferential use with provision for a justified temporary relocation. It therefore does not support treating the stated space as an unconditional permanent entitlement. As a practical recommendation, ask how the agreement identifies the berth and what a relocation would mean for access, dimensions and services before accepting the proposed arrangement. (BOE — Catalonia Law 10/2019 on ports)
No: the quoted TA5 visitor figure is a specific listed item for directly managed infrastructure. The table separately lists service additions, and it is not a universal quotation for private marinas. As a practical recommendation, obtain a full written assessment covering your boat's classification, assessable area, stay and every applicable addition before budgeting from a unit rate. (Ports de la Generalitat — port taxes)
Yes, as a practical recommendation, use a dated inventory that clearly identifies included and excluded equipment. Article 117 addresses the inventory in the vessel-sale framework, and Article 121 qualifies that chapter's application to boats according to their nature. Ask a qualified adviser how those provisions apply to your purchase and incorporate the agreed schedule into the paperwork. (BOE — Maritime Navigation Act 14/2014)
No: Article 105 distinguishes crew stays complementary to navigation from the other accommodation uses it addresses. Crew stays require communication to the port manager and are subject to the stated service, safety and environmental conditions. As a practical recommendation, explain your actual plans and obtain the port's applicable instructions before buying for an overnight or accommodation purpose. (BOE — Catalonia Law 10/2019 on ports)
This guide only includes facts checked against official sources. For anything it does not cover, email us at info@europeanyachtbrokers.com for the latest information, and ask a locally qualified adviser to confirm the position for your own boat.
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Check it yourself
Articles 105 and 107: berth contracts, port use and visiting craft; consolidated text opened.
Published 2026 TA5 tables and update effective 14 July 2026; opened.
Articles 117–121 on vessel sales and their qualified extension to boats; consolidated text opened.
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