Extraordinary regularization of out-of-order constructions approved in the Balearic Islands.

The Balearic Government has approved the extraordinary regularization of out-of-order constructions approved in the Balearic Islands that will allow the legalization of thousands of properties built or extended without a license.
The Extraordinary regularisation of out-of-order constructions will allow owners of buildings on rural land to regularise the situation as long as they comply with the requirements.

As with the previous amnesty in 2014, many owners will not take advantage of the opportunity because they are unaware that their house is illegal.

Properties eligible for extraordinary regularization of out-of-order constructions approved in the Balearic Islands

Properties eligible for legalisation must have the following characteristics:

Infringements of use
Changes of use implemented before 2014, the statute of limitations is calculated from the date of implementation.
If they are implemented after 2014, the statute of limitations is calculated from the time they were completed

Ares included in the Law of Natural Spaces, (protected areas) in which the illegality must be older than to March 10, 1991.

Non protected areas. Constructions build 8 years before the entry into force of the publication of this regulation. So before May 2016
The amnesty will apply only for buildings and constructions against which the Administration can no longer act. So, the infringement must be time-barred. Prescribed / time – barred, is not only that it was done more than 8 years ago. Moreover, during this time the administration does not have to have opened a file because of the legalities (whether the owner knows it or not).

How long it will last the extraordinary regularization of out-of-order constructions in the Balearic Islands.

Only three years. In other words, as of May 2027, anyone who has not legalised will no longer be able to do so.

Eligibility criteria for the urban planning amnesty approved in the Balearic Islands
1.- Pay the license and a fine. Infractors will pay the cost of the building license and then, if they legalise in the first year it will cost 10% of the value of the license,
If legalise the second year will cost 12.5% of the value of the license
If legalise the third (and last) year will cost 15% of the value of the license
3.- Improve the energy efficiency of the property.
4.- Improve the water use systems.

Steps to take to legalize your property
FIRST: Find out if your property is out of planning permission.

Contrary to what false advisors claim (out of ignorance or in order to sell properties) It is estimated that there are more than 25,000 illegal properties on rustic land in the Balearic Islands. Many of the owners do not know it.

TIPS:

-The Habitability Certificate /Cédula, does not accredit legality.
-Having the property registered in the land registry or in the cadaster does not accredit legality.
-The term “a-legal” does not exist, it is an invention of someone interested in selling.
-The fact that you have notarised the property does not mean that it is legal.

Your house may be well registered, have a cédula and be out of order / illegal
If you want to know if your house is out of order, feel free to contact me.

SECOND. Hire a professional to take care of the legalization.
Make sure you contact a lawyer or architect who is a member of the corresponding professional association in Spain, active and with civil liability insurance. If you present a legalization project and it is not possible, you will have warned the administration that your property is not legal. Possibly administration did not know this.

Calculate what it will cost you since the measure involves fees and penalties.
Calculate the cost of the work you will have to do.