ADOPTION OF THE LAW WHICH INCLUDES AN AMNESTY FOR PROPERTIES “OUT OF REGULATION“. THE NEW LAND LAW OF THE BALEARIC ISLANDS

1. MARCH 2014
PALMA DE MALLORCA
Carrer dels Oms, 50 Esc. A, 1º
07003 Palma de Mallorca
Illes Balears- España
info@illeslex.com
POLLENÇA
Vía Pollentia, 39
07460 Pollença
Illes Balears- España
pollensa@illeslex.com
SANTANYÍ
Carrer Bernat Vidal i Tomas, 30
07650 Santanyí
Illes Balears- España
santanyi@illeslex.com
T+ 34 971 728 008 F +34 971 720 570
www.illeslex.com
ADOPTION OF THE LAW WHICH INCLUDES AN AMNESTY FOR
PROPERTIES “OUT OF REGULATION“.
THE NEW LAND LAW OF THE BALEARIC ISLANDS
Guillermo Dezcallar Antonia Vidal
Lawyer Lawyer
gdezcallar@illeslex.com avidal@illeslex.com
On March 11th the Parliament of the Balearic Islands adopted the new regulation of the
use of the land of the Islands, an important event, because our Autonomy until now did
not count on a law of the land. The new law implies important changes of the urbanistic
regulation and cancel and replace the current large and dispersed stipulations.
The aim of this law is the simplification and rationalization of the planning and
management of the urbanistic activity. Not included in the mentioned law is the
regulation of the use and activities on rural ground, which already counts on a special
autonomic regulation.
Regarding the construction and the edification, the Law simplifies the management of
planning permissions, for example smaller construction works can be started after a
simple previous communication to the Town Hall and without the correspondent
urbanistic license. Excluded from these simplifications are buildings in rural protected
land and new constructions.
At the same time the sanctions are tightened and the liabilities are amplified to the
people who collaborated with the perpetrator, or who made the infraction possible.
(promoters, technicians, officials, authorities….).

2. MARCH 2014
PALMA DE MALLORCA
Carrer dels Oms, 50 Esc. A, 1º
07003 Palma de Mallorca
Illes Balears- España
info@illeslex.com
POLLENÇA
Vía Pollentia, 39
07460 Pollença
Illes Balears- España
pollensa@illeslex.com
SANTANYÍ
Carrer Bernat Vidal i Tomas, 30
07650 Santanyí
Illes Balears- España
santanyi@illeslex.com
T+ 34 971 728 008 F +34 971 720 570
www.illeslex.com
In relation to the long desired amnesty for properties “out of regulation” on rural ground
has to be taken into account, that despite many critics against the adoption and the
presented requests of modification, now finally will be possible a legalization of these
kinds of properties.
The properties classified as “out of regularion” are those which were built without
construction license and could not be legalized, because the urbanistic regulation did
not foresee this possibility. In addition, other buildings are included into this category,
those which were built legally, but were extended or renovated without license, or with
a expired license. In any case, the infraction is extinguished by prescription, therefore,
a demolition cannot be ordered. The time limit of prescription for construction
infractions on rural ground is usually of eight years.
The concept “out of the law” implies that on these properties, no constructive works can
be executed and in some cases the permission for the correspondent supplies as
electricity, water, sewage system, telephone or telecommunication cannot be provided,
until the buildings will not be legalized. As this legalization has to be requested in
accordance with the law in force in the moment of the request, in most cases it was not
possible to legalize.
Thereby resulted the paradoxical and ambiguous situation, that for these properties
has to be paid the Property Tax, although they cannot be legalized and cannot obtain a
construction license or a certificate of occupancy for properties built before the year
1987.
The new law will permit the owners to bring to an end the current situation and in
consequence to increase the market value of the properties. At least there exist 25.000
edifications of this kind on the Balearic Islands.

3. MARCH 2014
PALMA DE MALLORCA
Carrer dels Oms, 50 Esc. A, 1º
07003 Palma de Mallorca
Illes Balears- España
info@illeslex.com
POLLENÇA
Vía Pollentia, 39
07460 Pollença
Illes Balears- España
pollensa@illeslex.com
SANTANYÍ
Carrer Bernat Vidal i Tomas, 30
07650 Santanyí
Illes Balears- España
santanyi@illeslex.com
T+ 34 971 728 008 F +34 971 720 570
www.illeslex.com
The law will come into effect within two months, to count from the publication in the
official bulletin of the Balearic Islands - BOIB. The stipulation of the law regarding the
possibility of a legalization of properties “out of the law” will come into effect as soon as
the different Councils of the Balearic Islands approve it in absolute majority in their
plenary session. The decision will then be published in the BOIB and from this date on
will be granted a time limit of three years to the owners to request the legalization. At
the end of this limit the legalization of properties “out of the law” it seems that it will not
be possible anymore.
The following buildings could be legalized:
Buildings on rural ground
- Where the urbanistic infraction has extinguished by prescription
- Where does not exist a file because of an urbanistic infraction
Regarding the buildings on protected areas (ANEI – especially interesting
protected area, ARIP – rural area of landscaped value) the infraction will be
considered as extinguished by prescription, if it can be proved that the building
has been built before March 10th 1991 whenever afterwards has not been
effected any enlargement or change of use.
The legalization has to be requested in the Town Hall under presentation of the graphic
and written documents, regarding the real state of the building and with a project of
adjustment to the general conditions of integration into the environment and landscape
planning.
This incorporation into the legality cannot be applied to housings, which in accordance
to the current regulation fall under expropriation, obligatory delivery or cession without
charge, or if they develop activities, which have to be declared as general interest
beforehand. Neither will not be possible the legalization of the buildings located in
areas which are of public property or on easements derived of the Coast Law.

4. MARCH 2014
PALMA DE MALLORCA
Carrer dels Oms, 50 Esc. A, 1º
07003 Palma de Mallorca
Illes Balears- España
info@illeslex.com
POLLENÇA
Vía Pollentia, 39
07460 Pollença
Illes Balears- España
pollensa@illeslex.com
SANTANYÍ
Carrer Bernat Vidal i Tomas, 30
07650 Santanyí
Illes Balears- España
santanyi@illeslex.com
T+ 34 971 728 008 F +34 971 720 570
www.illeslex.com
The legalization will oblige to pay the same taxes and charges as foreseen for new
buildings. Apart from these, a penalty has to be paid, called “financial accomplishment”,
a percentage which depends on the moment the legalization is requested. This quote is
applied to the costs of the material realization of the legalized construction, which
appears in the file of legalization:
- 15%, if the legalization is requested in the first year
- 20% for legalizations during the second year
- 30% for legalizations during the third year
Now we have to await the acceptation of the Councils of the Islands and afterwards the
publication in the BOIB, which probably will confirm the content of this guide and finally
the interpretation of the Law in practice, corresponding to the Municipal Administration.
To date the Council of Menorca and Ibiza have pronounced positively to the adoption,
only the Council of Mallorca did not say anything. But it seems that the Law will be
adopted as well by the absolute majority in the plenary meeting of the Council of
Mallorca.
From our point of view, the adoption of this Law is a unique opportunity which allows
the owners to legalize the properties in a limited time space, which have been built or
extended without license so that they can enjoy the increment of value of the property
and they will avoid many problems in the moment they will decide to sell the housing.