Black buildings on Mallorca: Illegal is no longer irrelevant - what you should look out for!
The nightmare of Kirsten Schwarzer (name changed by the editor) began with a downpour. One morning in October last year, it dripped onto the expensive carpet in her finca between Llucmajor and Algaida. It soon became apparent that part of the covered conservatory was completely dilapidated. Schwarzer, who had bought the small country house with her husband three years earlier, commissioned a roofer friend to carry out the necessary renovation work. However, he first asked the couple to apply for the necessary building permit from the municipality of Llucmajor. After a brief review at the town hall, the application was rejected. Reason: Although the conservatory had been entered in the land register, its construction had never been applied for or approved by the town hall. "Illegal", Schwarzer heard the official say flatly. And what was even worse: it was very likely, the town hall employee continued, that the Germans would soon be served with a demolition notice. After all, it would be impossible to legalize the extension at a later date, even if taxes and fines were paid. Forever and ever.
Protection of the status quo revoked
„Not an isolated case“, knowsß Tomeu Clar from the law firm „Palmaluris“, a lawyer specializing in real estate law in Llucmajor. The reason why many homeowners in Mallorca, and especially in rural areas, are currently fearful is the abolition of the protection of the status quo for illegal properties on so-called suelo rústico, or rural land, which came into force last year. „An almost unbelievable process“, says lawyer Clar. Because: Houses or extensions that were built more than eight years before this change in the law came into effect can never be legalized again. Only illegal buildings that had already been completed for at least eight years on December 31, 2017 will continue to be protected. Buildings that had not been completed for eight years at this time can never be grandfathered again. They are threatened with demolition. In other words, they have to be demolished.
And the fact that this is by no means just an empty threat is demonstrated by the first demolitions of houses ordered by the municipality, not least recently in Calviá and Andratx.When is a property illegal?
The better question is: When is a property in Mallorca legal?
So far so good. But what about houses or parts of houses that have been erected or built without the necessary permits? „As always – it depends. If the house or extensions are eligible for approval under current building law, in particular if the regulations on building volume, height and boundary distances have been observed, the building application and building acceptance can also be applied for retrospectively.
At the same time, however, there will be a fine for illegal building. But at least you get a legal house this way,
explains Lutz Minkner.
If the illegal house or its extensions do not comply with the building regulations, the legal status can only be remedied by (partial) demolition, nowadays elegantly called „Rückbau“. Although this is annoying and expensive, it pays off at the end of the day because without restoring the building code compliance, a sale is difficult or impossible.
What exactly is the protection of existing buildings?
In the Balearic Islands, there is a limitation period of eight years for the prosecution of building offences, regulated in the “Ley de Disciplina Urbanistica”. If the illegal construction work was completed more than eight years ago and no sanctions were imposed by the building authorities during this time, the property is generally protected, i.e. there is no longer any threat of demolition. This means that even those properties that are not eligible for approval can be saved.
But: This clearance of old buildings is not a subsequent legalization. The house or extension is still illegal; however, the owner is protected from a demolition order or other measures by the municipality.
„However, if the owner submits a conversion or extension application to the municipality at a later date, the municipality can reject it as long as the illegal condition persists,
says lawyer Lutz Minkner.
