Rumors that there will be a new illegal property amnesty in Mallorca as well as in the rest of the Balearic Islands have not ceased to be heard since the elections of May 2023.
Although there is no official confirmation, this measure was in the program of the Popular Party (now in power) and the executive is already working on a decree of urgent measures on housing. This decree could include a new urban amnesty for illegal properties in Mallorca as well as in the rest of the Balearic Islands.
Is it sure that there will be a new amnesty for illegal properties in Mallorca as well as in the rest of the Balearic Islands?
No. Although the Popular Party already did it in 2014 with the so called Company Law, it is not sure that it will do it again now.
(As an example it is worth remembering that during the last year of the previous government there were constant rumors that the executive was preparing a new law contrary to the amnesty, that is, that it was going to restrict even more the use of rustic land and this law was never approved)
Also it’s important to mention the president of the Balearic government, Margarita Prohens, said before being elected, that in the event of winning the election, the intention was that in order to legalize the illegal properties who were eligible to do so, the owners will have to rehabilitate it with energy and water efficiency measures, and pay a penalty.Therefore, the amnesty is an electoral promise of the party currently in power and it is possible that it will be effective. That said, we have to wait for it to become a reality before we can believe it.
If approved, would it be for any illegal property?
As we have said, it is not known what the intentions of the executive are. However, the Balearics are full of properties built without licenses that cannot be reformed or legalized.
The previous amnesty (2014) only allowed to legalize properties that did not have an open file, i.e. those prescribed infractions.
Therefore it is deducible that in the case of approving a new amnesty for illegal properties in Mallorca as well as the rest of the Balearic Islands, it would not be for all illegal properties, only for those in unprotected areas and for prescribed infractions. The current government team, when it was in opposition referred to an amnesty for those properties that are illegal but can no longer be demolished. (It is important to keep in mind that in order for the infraction to expire, it is not enough that 8 years have passed, as is popularly believed).
How do I know if my property can be legalized in case there is a new illegal property amnesty in Mallorca?
First: Wait for the regulation to be approved because, as it has been said, it is only a rumor
Second; Whether the regulation is approved or not, it is important to know if your property is legal or not. Many owners believe that having a cédula or the property registered in the registry means that it is legal. Illegal houses are sometimes registered and have a cédula but are still illegal.
Third: If the regulation is approved, get in the hands of a lawyer specialized in urbanism to carry out the legalization.
Beware of false advisors who can only make the situation worse. If you are not sure that your property can be legalized, it is better not to file any petition.
An example is what has happened with solar panel “advisers”. They installed panels on illegal properties by means of a previous communication to the town hall (permitted procedure). However, not having checked the legality of the building, the owner has received an order of restitution of legality. The “advisers” had no knowledge of urban planning.
Is there anything you can do now?
KNOWLEDGE IS POWER.
9 out of 10 properties on rustic land that I review have illegal parts (or are 100% illegal). The funny thing is that many owners don’t know it.
The Company lay 2014 law allowed the legalization of many of these properties and yet many owners did not take advantage because they DID NOT KNOW their property was illegal. They found out when they tried to sell them when the law had already been repealed.
TIP: Check your property to see if it is legal or not. The more you know about it the better and if the law is passed you can be one of the first to apply for legalization if the ew illegal property amnesty in Mallorca become real
Remember that having bought the property before a notary, having it registered or having a certificate of occupancy DOES NOT MEAN THAT IT COMPLIES WITH THE URBAN LEGALITY.