The ideas are there, the plans are ready - and as a builder, you'd like to get started right away. But even in Mallorca, many things have to be approved.
A lot has changed in recent years when it comes to building law in Mallorca.Various permits
„Basically, there are two types of building permits“, explains Girharz. Colloquially, one can speak of a „small“ and a „large“ permit. On the one hand, there is the „Comunicacion previa“ (building notification) for renovation and minor refurbishment work and, on the other hand, the „Licencia de obras“ for new buildings.
The latter is also required if structural interventions in the building fabric are necessary during a renovation or if extensions are planned. In addition, depending on the respective building authority, there are other approval procedures, such as for construction work in the listed building sector.
Allow for waiting times
„If you want to build, you should plan time and think ahead“, says building expert Girharz. Until the application for a building permit is approved depends on the type of permit, but also on the respective building authority. In the case of renovation work in urban areas with a building notification (Comunicación previa), work can usually begin after 24 hours. However, the approval procedure for a new building takes considerably longer. Currently, a waiting time of between ten and 16 months must be expected.
As building land is limited, especially in Mallorca, many investors consider buying existing buildings in order to renovate or convert them. Here, too, there are important things to bear in mind.
"It is very important to carry out a building law inspection in addition to the building quality prior to the purchase," explains Oliver Girharz in an interview with our magazine. It is not uncommon for unauthorized areas and even components on existing buildings to pose a major risk. For example, there may be a protection of existing buildings that can be lost again through structural interventions. „For this reason, I recommend that every prospective buyer involves a surveyor and, if necessary, a lawyer in their planning beforehand“, says Girharz.
Anybody who builds or even just converts without the necessary permits must expect consequences, some of which can be considerable. In addition to financial penalties, there may even be a demolition order, depending on the severity or extent of the building offense. „It is also crucial where the project is located“ Girharz continues. If it is a construction project in a protected rural area, in the worst case, criminal law may also be applied when assessing the offense.
The same also applies in the event that an accident occurs during construction work and there is no permit for the work. As a general rule, it is not advisable to carry out work without the required permit, warns Matrol boss Girharz.
If you comply with the building permit and the building laws, there should be no significant problems. However, building owners should make sure that, for example, in the case of a new building, in addition to the valid permit, the boundary conditions are also correct and that the responsible architect, the technical architect and the so-called SiGeKo (safety and health coordinator) are actually registered with the building authority.
Responsibility of the building owner
In principle, the architect and the contractors commissioned are responsible for compliance with building regulations,
explains Oliver Girharz. Nevertheless, as a building owner, you can and should have a say. It is about influencing the work and processes and ensuring that all regulations are actually adhered to. „The motto ‚Trust is good, control is better‘“ says Girharz.
It is in the client's own interest to avoid problems with the building masters and to avoid possible construction stoppages. It is precisely the noise pollution that will keep the construction industry busy over the next few years and cause one or two unwanted construction stops.
For this reason, builders should be familiar with the basic rules. They should know what is involved and at least have a timetable that they regularly check in terms of approvals and specifications and work through together with all those responsible.
Observe deadlines
Properties with finished projects
, which are often offered, are also extremely attractive for investors. Here, too, there are various things that should be taken into account.„Plots with a finished building project and the relevant permits look very tempting,“ says Oliver Girharz. However, the buyer should always take into account the associated requirements.
In principle, this is not a problem, but the new application and the additional time involved must be taken into account. But that is not all. In the case of a new application, the current legal situation applies at the time of the new application. This in turn could mean that the original plans can no longer be implemented, says Oliver Girharz.
