The prosecution of illegal constructions in Mallorca continues to advance and in the worst cases, in addition to fines and demolition orders, the public prosecutor’s office is requesting prison sentences for illegal constructions.
It is important to clarify that these penalties are always for the person who has committed the offence. This means that if you buy a house with an illegality, the prison sentence (if applies) will affect the person who did the work. You, as the new owner, will be affected by the demolition order. That said, if you are the one who did the illegal work, you can be convicted.
The case of the “Safareix” converted into a swimming pool
Recently the local press has published a case in which the Public Prosecutor’s Office is demanding a sentence of one and a half years in prison for a crime against land use planning against the owner of a property for attempting to convert a “Safareix” (water tank for irrigation) into a swimming pool in a protected area. In addition to the owner, the architect who was in charge of the works and the person in charge of the construction company are also accused.
UPDATE (2022) Finally the accused were acquitted as the offence could not be proved.
However, shortly afterwards another offender was sentenced to ONE YEAR IN JAIL for illegal building works in Mallorca.
This is a very common case. A licence is obtained to build a safareix (a pool for watering) and then a water treatment plant, tiles and a terrace are added. In other words, it becomes a swimming pool for a different use than the one for which it was built.
Until now, since the volume was legal, the authorities used to ignore this practice.
For some years now, especially since the creation of the Territorial Defence Agency, the authorities in Mallorca have taken the prosecution of illegalities and urban planning offences very seriously.
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.