10 Things you must know to live in a boat

Prologue: Not infantilizing as a commitment of our blog

Today, March 22nd is the World Water Day by the United Nations, is the perfect occasion to pay tribute to the men and women who depend on the sea for their work. We are aware that if you are a professional seafarer, you are worried about your repatriation and replacement. At Feliu, in order to provide you with the best information, here comes a suitable text from Garrigues.

In this text we also address those who want to live on a boat: "we must warn that, as of March 2021, Spanish authorities advise against living on a recreational boat. The Guardia Civil recommends people who live all year round to move to other places, and recreational boating is also banned. "

I: What implies to live on a boat anchored in a port or to sail near our coasts? 

1. Can I register on a boat in Barcelona?

Yes, thank to three ways:

- By appointment in person at a Town Hall registration office,

- By accessing the city council web site 

- By calling to 010.

If you choose the telephone option, you will receive a letter by mail confirming that the procedure has been completed. Once you are registered you can open a bank account with the address of your boat as follows: "wharf: number "x" and mooring: number "x"".

2. Which is the safety equipment and material mandatory on board? What to do in case of an accident? 

To find out which is the mandatory material, consult the "improve your safety" section of the Salvamento Marítimo website, click on its subsection "before setting sail" and within it on "mandatory safety equipment and material on board".

In case of emergency, in the above-mentioned website, under section "improve your safety" there is a subsection called "act in emergencies". In case of mishaps, remember to call 112 or use radio channel 16 (VHF).

3. How much does it cost: to acquire, maintain and pay for boat supplies before general taxes apperance?

Above all, avoid buying a boat without a berth available for it.   Below we estimate the costs of owning a boat: 

- Cost of purchasing the boat: between 12,000 and 140,000 €. Why is there such a huge price range? Because of the different lengths, quantities and qualities of furnishings, amenities, fuel capacity, etc. To the investment in the boat itself, you have to add:

- Its flagging which, in the Spanish case, amounted to about 250 € at the beginning of 2019, according to various estimates (then you will have to comply with demanding requirements that increase the cost).  

- The outlay for the mooring: which represents, depending on the type of boat and the demand of the chosen port, between 300 and 900 € each month as explained by Renovalia inmobiliaria. 

- The cost of fuel: it depends on how much you sail.

-  The navigation licenses: it costs between 100 and 200 € according to Sailwiz. Keep in mind that in order to sail, vessels over 2.5 meters in length must be registered and fly the flag of a State and be registered in the ship registry of the Dirección General de Marina Mercante.   

- The type of ownership of the vessel: purchase or charter.

- Number of people who will travel on it: obviously, is not needed the same length for a single person or for a family.

4. What taxes and fees are involved in purchasing a boat? What documents do I always have to carry on board?

Taxes:

- Those of indirect taxation: VAT, IGIC, IPSI.

- Those of indirect Taxation: Tax on onerous patrimonial transmissions (ITP).

- The special tax on certain means of transport, known as "Matriculation Tax" (IEDMT).

Fees:

- Those on sport and recreational vessels (T-5).

- Aids to navigation (T-0).

- Inspection and Control Services rendered by the General Directorate of the Merchant Marine (Dirección General de la Marina Mercante).

To find information on taxes and fees, consult "taxation" on the website of the Ministry of Transport, Mobility and Urban Agenda in the maritime transport section.

For foreign vessels, the only payment foreseen for the simple fact of passing through the territorial sea is for the services rendered during such passage: "all vessels passing through the territorial sea shall be considered as using the maritime signaling".

The essential documents to have in order inside the ship are:

- The Navigation Patent: it authorizes to navigate flying the Spanish flag.

- Certificate of Navigability: it certifies that a vessel is fit to sail. It records the surveys carried out and the date of those to be carried out. 

- The updated Technical Inspection of Vessels: it is compulsory and affects owners, nautical companies, charter companies, nautical clubs, nautical-sports associations, etc.

- Compulsory civil liability insurance: covers civil liability derived from material or personal damages caused to third parties that may be caused during the exercise of navigation. It also covers damages caused, due to fault or negligence, to third parties and to ports or maritime facilities.

All the above information comes from cosasdebarcos.com.

5. What do I need to know about waste management in the port of Barcelona?

Waste management is carried out in accordance with the MARPOL 1973/78 convention. The port of Barcelona sets on its website the admissible thresholds of the different wastes to find the information search on it: "waste from ships".

II: Navigation on the open sea and the obligation to know the Law of the Sea 

1. What does the Law in force in Spain dedicated to navigation say?

We quote you 7 articles of the Law 14/2014 on Maritime Navigation. The quoted law is very long so in case of doubts we recommend you to consult with lawyers.

The 16: "The Port Authority shall authorize, under the safety conditions determined by the Maritime Administration, the berthing, mooring or temporary anchoring of inactive vessels designating the place, period and other conditions of stay (...)".

The 21: Vetoes "to stop or anchor outside the service areas of the ports, except in case of force majeure".

The 18: "In order to undertake navigation, every vessel requires prior authorization to leave, which shall be granted by the Maritime Administration and shall be called clearance". "The clearance shall be granted, at the request of the owner, master or consignee (...)".

37 and 42: The first establishes that: "innocent passage through the Spanish territorial sea shall be prompt and without interruption". The second establishes the suspension of innocent passage: "for the safety of navigation, the Government may suspend, temporarily and without discrimination between flags".

8 and 39: The first provides for the possibility of temporary closure of Spanish ports. The second establishes the different prohibitions: the exploitation of the seabed by foreign vessels, unauthorized scientific research, damage to marine cables or pipelines, intentional environmental pollution and the use of auxiliary vessels such as launches (for illicit purposes).  

Click here and access the complete law (text written in Spanish).

2. Which is the current international framework to regulate all aspects of the Law of the Sea? 

The 1982 Law of the Sea Convention signed in Montego Bay (Jamaica) by 168 States. This legally consolidated the total liberalization of the sale of flag (flag), which until then was done by custom not de jure. 

The direct consequence of this decision is that all States can sell their flag to shipowners all over the world. Yes, any State, even those without a coastline.

It was in the First Conference of the League of Nations on Communications and Traffic, which opened in Barcelona on March 10, 1921, a century ago, signed the treaty which establishes the sovereign right of non-coastal States to have a flag.

2.1. Does the sale of flags represent a big source of revenue for States?

No, this concept represents  less than 1% of GDP, a few tens of millions of dollars in the best cases. However, it is a regular source of foreign exchange which, moreover, is obtained without the need to impose a new tax on the national population. 

In their race to attract new ships to their flag, the States with large fleets, mostly poor or small, have very lax regulations in terms of ship condition inspections and seamen's labor rights.  

The exception is Panama which have one of the biggest fleets over the world, (8289 ships in 2019 and 8499 in 2020) and,moreover, control it's Channel. In 2019 earned, $154 million for flagging -106 were direct for public works- on a GDP of $66.8 billion: the 154 milion were 0.23% of its GDP and 3.35 bilion thant to Chanel explotation (5.02% of its GDP). In 2020, revenues for the flag sale dropped to 107 million in total -78 were injected directly for public works- and the Channel revenues were 3.04 bilion.

Source: Panama Maritime Authority and World Bank.

2.2 Can a dependent or an overseas territory flag ships?

Yes, a dependent territory of a State may flag ships with the mandatory recognition of the State having sovereign title over it. For example, it is possible to fly the flag of Bermuda, as this territory is a member of the "British Red Ensign Register" which includes the United Kingdom and its overseas territories.

3. What changes at the legal level in international waters, including the high seas? Is it possible to commit crimes in international waters?

This area starts beyond 200 miles from the coast of the coatal State which owns the near waters and represents 95% of the total sea area (in image 1 are the high seas colored in dark blue). 

It has four guiding principles:

"a) It is a common good, therefore navigation in it must be free.

b) It must be open to all States -both landlocked and non-landlocked-; and

c) It must not be subject to the sovereignty of any state.

(d) That it must be subject to international legal regulation."  

Source: Manuel Díaz de Velasco Instituciones de Derecho Internacional Público, 2005"

International law cannot be infringed in international waters. "First, the activity on board any vessel is subject to the jurisdiction and laws of the country of origin of the vessel. Secondly, there is universal jurisdiction, which allows any country to bring criminal charges, regardless of nationality or where the alleged crime was committed" Therefore, being in international waters does not equate to impunity.  

Source: okbarcos.com. 

Epilogue: Other maritime knowledge

1. Can I access a maritime glossary?

Almost at the end of the following link we give you access to one in English and Spanish.   

2. Do you know the main signs for communication during navigation recognized by the International Maritime Organization?

Their meaning is explained in English by Hariesh Manaadiar at: https://www.shippingandfreightresource.com/international-code-of-signals-and-its-application-in-the-maritime-industry/.

We wish that those who love to sail consider this article as a humble guide to do so. With the same passion, we hope that those who get seasick while sailing will have discovered curious things. 

Sapere Aude, translated is: "dare to know" and, updated to the era of Social Networks is: Dare to share!