Legalization of illegal buildings on Mallorca - the government has passed new regulations. We present the changes
In May, the Balearic Islands government also approved the possibility of legalizing illegal buildings on Mallorca as part of a package of legislative changes. This measure is intended to promote the reduction of bureaucracy, create living space and affects various illegal constructions and extensions, including pools that were previously built without authorization.
Conditions for legalization
The legalization can take place within a period of three years after publication in the BOIB Official Gazette, which is still pending. Only buildings that have been in breach of building law for at least eight years and are therefore time-barred are eligible. For buildings in protected rural areas, they must have been built before May 29, 2014, except in areas subject to the Natural Areas Act, where the date of construction must be before March 10, 1991.
Costs and reductions
Property owners must pay fees and taxes for legalization and implement environmental measures. The fees amount to 10 percent of the construction value in the first year, 12.5 percent in the second year and 15 percent in the third year. There are reductions for owners with low or medium incomes: 50 percent for taxpayers with an assessment base of up to 33,000 euros for individual taxation or 52,800 euros for joint taxation, and 25 percent for assessment bases of up to 52,800 euros or 84,480 euros.
Use of revenue and environmental requirements
The amounts collected by the municipalities are to be used for the acquisition, protection and sustainable management of natural areas and for the provision of municipal land assets. In addition, technical projects for adaptation to environmental standards must be presented. Comprehensive measures to reduce air pollution and improve energy and water efficiency.
Exemptions from legalization
Buildings that are subject to expropriation, assignment or demolition according to the applicable development plan, that are publicly owned or located in protected zones, or that are subject to the Heritage Act cannot be legalized. Buildings that require a tourist license or host activities that contravene the law on the protection of rural areas are also excluded.
No vacation rentals for legalized buildings
The vacation rental of subsequently legalized buildings is expressly excluded. This is intended to prevent these buildings from being used for tourist purposes.
Government emphasizes necessity of the measure
From the government's point of view, this regulation will affect many families who would have built houses or parts of buildings without full permission. As part of this legalization, necessary improvements could be made without making the owners liable to prosecution. The legal sale of these buildings and land would also become possible.
With these new regulations, the Balearic government is offering a way to legalize black buildings in Mallorca, even if this is implemented under strict conditions and requirements.
