Mallorca urban planning illegalities

Signs that a real estate in Mallorca may have urban planning illegalities.

Only in the year 2020, Mallorca ‘s Land Defence Agency ordered more than 100 demolitions on properties where urban planning illegalities had been detected.
Since that Agency was created, there is a war against illegal constructions in Mallorca and the owners of properties with urbanistic illegalities, do not manage to sell them.
That said, I am aware that it is not easy to detect urban planning illegalities.
Believe me, many times the seller and the real estate agent are unaware of their existence.

I am not going to deceive you. Do not expect that reading this post will be enough to know if the property you are interested in is legal or not. Detect urban planning illegalities in Mallorca or somewhere else sometimes it’s not easy. However, I am going to list a series of signs, that although they will not assure you 100% that the state in Mallorca has urban planing illegalities, at least they will make you suspicious.

Pay attention to the following signs that could indicate urban planning illegalities.

1.- The seller or his agent tells you that the property has “all the papers“. But they only give you the Cédula de Habitabilidad /Certificate of Occupancy (which does not prove legality), the Certificate of Energy Efficiency (which does not prove legality) and the simple note of the registry with the house registered (illegal houses can also be registered).

2.- The number of places indicated in the Certificate of Occupancy / Habitablity Certificate or Cédula, does not coincide with the actual number of places. For example, the cédula de habitabilidad says 4 places but in reality the house has 3 double rooms, therefore 6 places. This could mean that the house has been extended after obtaining the cédula or that a change of use has been made from a storeroom or storage room to a bedroom.

2.- It does not have a certificate of habitability. The cédula does not prove legality. Illegal houses can have cédula if they are prior to 1987 and a house can have obtained the certificate of habitabilityand then the illegality has been committed. However, in a post-1987 house, if it is illegal, it is difficult to obtain a cédula.

3.- You ask the seller to ask the Town Hall for a certificate of non-existence of urban infraction and
a) The seller tells you that he does not want to ask for it.
b) Seller tells you that another interested buyer has appeared and that you have to answer immediately if you want the house or not.
c) Seller give you a certificate of non-existence of urbanistic file which is not the same as a certificate of non-existence of infraction.

4.- You ask to see the construction license with the plans and the certificate of the end of construction and they do not give it to you.

5.- Seller give you the license but the plans do not correspond with the reality.

6.- Seller tell you that the house is legalized by the passage of time. This does not exist. It is possible that the infraction is time-barred. That means that demolition cannot be ordered, but is still illegal and you will never be able to repair or reform it because it’s still illegal.

7.- In the nota simple of the property registry you see that years after the house was built, 10 or 15, a new construction was registered by mens of “obra nueva antigua”. You ask to see the deed of new construction and they do not give it to you. If they give it to you you see that it was made with a report of antiquity of architect or according to cadastre, but not with municipal license.

Don’t be tricked into buying a risky property. The authorities in Mallorca are increasing their efforts of prosecuting illegal builds. With this in mind, buying a house without the proper certifications will undoubtedly result in unforeseen consequences. I’m offering you the opportunity to test my expertise with a FREE RISK REPORT of your future property purchase.

error: Content is protected !!
WhatsApp Drop me a line for free information