Law on the legalisation of illegal buildings in Mallorca passed

Mallorca, 24.05.2024 - The Balearic government decided on Friday to legalise illegal buildings in Mallorca as part of a legislative package to reduce bureaucracy. This applies to numerous buildings and extensions, including pools, that were built without a permit. These can now be legalized and put back on the market under certain conditions. However, holiday rentals of the legalised buildings are expressly excluded.

Conditions for legalization

Legalisation can be applied for within three years from publication in the BOIB Official Gazette, which has not yet been done.

Only buildings can be legalised where the violation of building law occurred at least eight years ago and is therefore statute-barred. In the case of buildings in protected rural areas, this applies to those erected before 29 May 2014, with the exception of those covered by the Natural Spaces Act, which must have been erected before 10 March 1991.

In return, owners have to pay fees and taxes and carry out environmental measures. In the first year, the fee is 10 percent of the value of the construction project, in the second year 12.5 percent and in the third year 15 percent. Low-income households receive discounts. Applicants with an average income of the last four years of no more than 33,000 euros for individual taxation or 52,800 euros for joint taxation pay 50 percent less, with an income of no more than 52,800 euros for individual taxation or 84,480 euros for joint taxation, the reduction is 25 percent.

The sums collected are used for the acquisition, reclamation, protection and sustainable management of natural areas as well as for the endowment of municipal land assets.

In addition, a technical project on environmental sustainability must be submitted, which includes measures to reduce light pollution and increase energy and water efficiency.

Exceptions

The following buildings cannot be legalised:
- Which, according to the current development plan, are subject to expropriation, assignment free of charge or demolition.
- Which are in public ownership or the protection zone of the roads or fall under the scope of the Coastal Law.
- Constructions for the use of which the acquisition of a tourist license is required, as in the case of rural hotels.
- Buildings in which activities contrary to the Rural Protection Act 1997 are carried out.

The decision to legalize must explicitly contain the prohibition of misappropriation for holiday accommodation.

Government spokesman Costa defended the project at the end of April by saying that many families in the Balearic Islands were affected by the reality that their houses or parts of buildings were not built completely legally. Without retrospective recognition, the builders would not be able to carry out any improvements without making themselves liable to prosecution again. This will also make it possible to sell these buildings and the land again.