Real Estate amnesty Mallorca conditions and history.
The present real estate amnesty is a decree that is similar to a set of regulations from 2014 by the previous Conservative government.
During that period approximately 10.000 rural buildings were legalised during the time frame when applications were permitted.
The new decree ( Legalización extraordinaria de edificaciones, construcciones, instalaciones y usos existentes en suelo rústico) issued in May of 2024 offers a three year period to apply for the legalisation of properties which meet the criteria of the decree. The central planning authority has suggested up to 25.000 properties throughout the Balearic Islands meet the criteria and have the possibility of being legalized.
The amnesty is only applicable to rural properties may of which were constructed or reformed with permission from the planning authority but did not receive the appropriate documentation at the end of their construction or refurbishment and now do not have a legal status and are considered (fuera de ordenación). Where planning authority has determined the non-conformity of a building, because of its construction or installations with respect to the present planning regulations.
The legislation includes options to legalize swimming pools and outbuildings which may have been constructed without licences.
Buildings where there are illegal rustic uses such as construction, workshops, warehouses or restaurants, the buildings could be legalised but any licences which had been granted for a particular use could be withdrawn.
Properties which have ETV licences and historical met the requirements for a tourism licence were originally also excluded from the decree, the building could be legalized but the ETV would be withdrawn.
This issue was debated in the parliament of the Balearic government at the conclusion of the debate assurances were given that the owners of properties with ETV licences or licences for commercial use would be included, only those which are in protected areas of the coast or national parks which will be excluded.
In order to legalise, owners will have to pay fines, licence fees and will have three years to complete the procedures. The earlier an application is submitted, the cheaper the process is overall. Legalisation entails various costs. In addition to subsequent fees for any building licence which should have been applied for, there are also penalties that are staggered over time: 10 per cent of the value of the building project or reform in the first year, 12.5 per cent in the second year and 15 per cent in the third year. Owners will also be required to pay all the taxes and meet the present environmental, water-saving requirements and energy efficiency requirements.
If you would like to make an enquiry about legalising your rural property in Mallorca please use the contact form below. Your information is private and confidential and there is no obligation to proceed with the process suggested during a consultation.
