The owners of illegal properties in Mallorca have a new enemy. Until recently it was necessary to identify oneself in order to denounce. From February 2019 anyone can file a complaint without identifying themselves.

That is why it is ESSENTIAL to make sure of the legality of the property you are going to buy before signing any document that commits you. (And don’t expect vendor or the agent paid by him/her will tell you the true).

As published in Ultima Hora newspaper in April 19th (read it here in local newspaper), the Consell (government of Mallorca) has received 46 anonymous complaints in two months for illegal works in rustic.

In just two months, the Agència de Defensa del Territori (ADT) has received 46 communications or anonymous denunciations for alleged illegal works. This figure contrasts with the one hundred formal complaints received throughout 2017.

The possibility of filing complaints with the ADT without the obligation to provide the name was introduced at the end of February. Previously, the Agency only admitted formal complaints, in which the complainant was obliged to provide his or her identity.

These 46 anonymous complaints were received between the end of February and last Friday. However, most of them, 26, were processed within the first two weeks of the service’s operation.

Priority

There are differences between formal and anonymous complaints. The former, in which the complainant is obliged by law to provide his or her name and surname and ID number, are processed “with priority” over the latter, which do not have the legal status of complaints. The ADT does not even refer to them as “complaints” but rather as “communications” that can be processed from its “Citizen Collaboration Portal”.

This website, which can be accessed from the ADT’s digital platform, contains a form in which the complainant is only asked for an e-mail address; the plot number, the industrial estate and the municipality in which the alleged infringement was committed, the type of construction erected without permission (if it is a house, an agricultural building, a swimming pool, etc.) and photographs of the irregularity.

Mercedes Garrido, insular consellera of Territori i Infraestructures and political responsible of the ADT, made a “positive” balance of the new service. “It must be borne in mind that the ADT is already competent in all the protected rustic land and in more than half of the municipalities of Mallorca. In this sense, citizen collaboration always comes in handy and helps the detection of infractions, since it is impossible to have enough inspectors to reach all sites.

On the other hand, Mercedes Garrido recalled that the Agència de Defensa del Territori de Mallorca was “the only agency of this type” that still did not offer the possibility of making anonymous complaints.

It must be remembered that the ADT only has jurisdiction in rustic land and, in certain circumstances, in urban land. Created in 2009, the Agency was virtually inactive until 2015, when the new government of the Consell de Mallorca amended its statutes and gave it more staff, among other actions, with the desire to boost its operation.

Law 29/1994, of 24 November, on Urban Leases was last amended at the beginning of 2019.
This wording of the law has been in force since 6 March 2019.

IMPORTANT NOTICE: The text published on this website is for information purposes only. Only the Spanish version published in the official gazette is binding. Read it here

• Preamble
• Titel I. Scope of the law
• Titel II. Housing leases
• Title III. Rents for other use than housing
• Title IV. Common provisions
• Title V. Leasing Processes

Costs

Mandatory costs.

Public Notary.

To be able to inscribe a property at you name on the Land (property) Registry you have to sign the purchase deed in front of a Public Notary. Notary it’s paid by the purchaser and cost will depend of the amount of the purchase but also of the pages of the deed. When you buy a property you add on the deed some documents as habitability certificate, efficiency energetic certificate and others. Cost may go from 500 to 2.000 euros

In some cases, for your security, the deposit of 10% to book the property has been done in the Notary bank account. In this case an acta of deposit has to be done. This acta may cost 200- 300 euros.

Land (property) Registry. Onces you had signed the purchase deed (and after paying taxes), the purchase has to be inscribe on the registry so you will appear as new owner. Cost of this inscription will be 200 to 400 euros.

Optional costs.

Surveyor /Architect:

In some cases to be sure if you will be able to develop /enlarge the property you need a report from an architect.

Valuation:

If you want to know the real price of the property (different to the market price) Survayor will make a report. This will cost form 400 to 3000 euros depending of the price of the property

Lawyer:

Despite it’s normal to hire a lawyer to check the legality of the property, prepare the deed and pay taxes, this is not mandatory. Chambers of lawyers of Balearic Island recommend a charge from 1 to 1,5% of the purchase price.

Taxes

Buying a property means pay taxes.

Taxes arising the purchase.

Will depend if you are buying a new property or a second hand own. Taxes will go from 8% to 11% for second hand property and 21% for a next property + Stamp Dutty tax of 1.2% . Read here a post regarding taxes.

Also if you contact me I’ll calculate for free the taxes you are going to pay.

Taxes arising the ownership.

Once you became owner you will pay anual taxes

.-IBI. this is the land tax. From 150 to 4.500 depending of the value of the property.

.-Garbage tax. form 120 to 400

.-Incinerator tax. From 90 to 150.

.-Model 210 This model tax for the profit you get from your property. If you use it for yourself will be from 100 to 300 euros. If you rent it out will be 19% or 24% of the income depending if you are European Union Resident or Non EU Resident.

Supplies

Every month or two you will get an invoice for electricity and water. Gas, telephone and internet if you new property has this services.

If the apartment it’s integrated on a building you also have to pay the ordinaries and extraordinary expenses to maintain it.