Illegal constructions in Mallorca

A Certificate of Habitability does not mean that the dwelling is legal.


Lately I have noticed that it is being implied that if the property has a Certificate of Habitability (Cédula de Habitabilidad) it means that it is legal.
This is not always the case.

Having a certificate of habitability is not synonymous with urban legality.


-In the case of a new construction, this building must have the certificad of end of works granted by the municipality and therefore have proven its legality to obtain the certificate of habitability.
-However, a house built illegally 15 or 20 years ago that does not have an open urban infraction file may obtain the cédula and still not be legal.
-In the same way a house can have the cédula for 20 years and have become illegal after having obtained it.

The Certificate of Habitability is a certificate issued by the Consell de Mallorca that certifies that the property is habitable. A dwelling can meet the conditions to live in it and still be illegal.

WHERE’S THE PROBLEM?


If the property has a cédula de habitatilidad, have water and electricity and therefore I can live in it, it doesn’t matter if it is not legal. Isn’t it?

Imagine a house that was built illegally 20 years ago and yet the urban infraction has expired.
In this case the administration cannot force you to demolish the illegal parts.
However NEVER WILL AUTHORIZE TO MAKE REFORMS IN THE HOUSING.
You will not be able to apply for a licence to repair leaks, nor will you be able to change the floor, the kitchen or the bathroom.
You will have to choose between:
a) Allow the house to deteriorate
b) Do illegal works. In that case the prescription is interrupted and the administration can force you to demolish the illegally built as well as fine you.

© Toni Marqués.
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