Is the risk of illegal house demolition real?

When someone buys a house with urban planning irregularities in Mallorca, it is normal to want to know if the risk of demolition is real.
As a general rule, buyers should not be concerned about fines because the town planning regulations state that fines must be paid by the offender. If the infringement was committed by a previous owner, it is the previous owner who must pay the fines. However, if there is a demolition order, it must be enforced by the current owner.
But in not all properties with illegal constructions the risk of demolition is real.

When the risk of demolition is real?

BE VERY CAREFUL, for I am going to mention a cursed legal concept that if explained / misunderstood is the concept that creates the most confusion (and demolitions). THE STATUTE OF LIMITATIONS.
Only when the statute of limitations, has not yet happened, can demolition be ordered.
If the infringement is time-barred/ status of limitation, the administration has lost the right to order restitution, i.e. demolition.

Who determines that we are in a case of status of limitation?

The risk of demolition must be assessed by a registered expert (lawyer or architect), who is an expert in town planning and who is independent of the seller or his intermediary.
The seller or his intermediary, always say that the status of limitation are working and there is no risk. If they tell the truth, they do not sell.

Determining whether or not the work is time-barred is a complicated task that sellers, brokers, estate agents and self-styled “consultants” undertake without any legal knowledge.

Most buyers who face demolition proceedings do so because their advisor had no legal knowledge of laws. So the and not determinate if there are risk of demolition.

Status of limitations does not only occur because of the passage of time.
In addition to the passage of time, it is necessary to:
a) That no file has been opened during that time. Only with an investigation in the administration can it be found out
b) That when that time passed, the area was not protected, because in protected areas prescription does not occur. Today there is no statute of limitations in all rural land in Mallorca. Zoning and classification must be known.
c) Any work without a licence, even the reform, has interrupted the statute of limitations.

The risk of demolition must be assessed by a registered expert (lawyer or architect), who is an expert in town planning and who is independent of the seller or his intermediary.
The seller or his intermediary, always say that it is prescribed and there is no risk. If they tell the truth, they do not sell.

Do demolitions really exist?

No doubt about it. The land defense agency orders dozens of demolitions every year. Form 2017, 592 demolitions has been carried out in Mallorca. 51 of them in the 6 firsts months of 2022.

So, YES the risk of illegal house demolition real, and is happening.