Marina Broker: What You Should Know

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Marinas, recreational ports, or harbors are those nautical facilities specially developed to offer mooring services to boats and recreational vessels. Here are a few questions answered by the Marina broker to help you understand the norm and necessity of buying a marina. 


What is the difference between a marina and a yacht club?


Marinas are usually referred to as those indirectly managed recreational ports whose concessionaire is a commercial entity, and yacht clubs to those ports also indirectly managed in which this has been entrusted, also using a concession title, to a club. The difference is that, by definition, commercial entities seek to develop a business, while yacht clubs are non-profit entities. This has its impact on service and price, making it very difficult to decide which the best model is. Marinas are sometimes branded as mere businesses and yacht clubs as elitists.


Can a merchant ship dock at a marina?


No. In most concession titles or recreational port projects, it is established that their purpose is to provide service to recreational vessels. Some yachts carry out tourist excursions transporting more than 12 people, which transform them into passenger ships. Some have had problems docking in some recreational ports because they are not considered recreational vessels.


Can a pleasure boat moor in any marina port?


In principle, there seems to be no impediment, and even less in the case of commercial ships or pleasure boats, which the Law defines as merchant ships. However, the large ports are reluctant to receive pleasure boats in their facilities, except for force majeure.


Who owns the marina ports?


Our marina broker shares that the ports are located in the maritime-terrestrial field, which constitutes the sea as far as it reaches its highest moment. This area belongs to the State, with an inalienable, imprescriptible, and unmatchable character. 


Where are marinas regulated?


The Law is the basic norm that regulates the occupation of the maritime-terrestrial domain. In specific matters of ports, the state ports are regulated by the Marine Act, and their regulations govern the autonomous communities’ competence.


What are the ports of general interest?

They are commercial ports of special relevance. Although they are located in autonomous communities with competence in ports, marinas of general interest are governed by state regulations. Within the general interest, facilities for recreational boating can be located.


What are the rights and obligations of the holder of a preferential use right?

The fundamental right of the holder of the right to use is to occupy the berth with a boat. His fundamental obligation is to pay the expenses of management and maintenance of the port. The cost of management and maintenance is divided among the different users depending on the space occupied. It is important to consider when acquiring a right to use a mooring. It is worth noting the little control the holder of the right to use has over the expenses the concessionaire can attribute to him.


What is a direct management marina?


Marina broker outlines that the Public Administration or private entities can manage recreational ports directly. Note that the price of mooring in direct management ports is usually lower than those charged for indirect management since other complementary services usually accompany these.


What is an indirect management marina?


When a private entity carries out the management and operation of a marina, be it a company or a non-profit entity, it is said to be an indirect management port. The manager, who is sometimes also the one who built the marina port, pays a fee to the Administration. 


We could say that he pays an annual rent to be able to exploit the port that is fixed in the concession title. Recently, the high canon that some companies have agreed to pay to the Administration has been in the news. This canon is passed on to the user, which directly affects the price of the service. It is suggested to always get in touch with a marina broker to know the details before making any deal.