Majorca Property News

Legalization of illegal construction possible

On Tuesday the 11th March 2014 was adopted the long-awaited and hotly debated first Land Law of the Balearic Parliament.

In addition to an amnesty for illegal construction in rural areas (fincas) Fines for now without permission constructed buildings or parts of buildings are increased significantly. The "Ley Company", named after the Minister for the Environment, Agriculture and Spatial Planning of the Balearics, was in the works for several years. His draft was partly explained a year ago unconstitutional. With the modification now these concerns should have been dispelled. In addition to the streamlining of procedures, the intensification of sanctions for illegal buildings also now conditions have been created to legalize illegal or partially illegal buildings in the "suelo Rustico" (rural areas), which enjoy grandfathering protection. According to first estimates are around 20.000 properties affected. The amnesty applies to houses in the country-site, whose offense is time-barred under the applicable building codes. Also, no criminal proceedings against the owners may have been initiated by the municipality since completion of the property. For a penalty in the amount of 3% of the construction costs, these country-houses can now be legalized on request. Moreover, the requirements and the approval process for a commercial or tourist use of fincas (country-hotel, Rural Hotel, Restaurant, etc.) were supplied, significantly easier again. The law gets in force with the publication in the Official Bulletin.