Yesterday, once again I have had to explain to a real estate agent that having a cedula does not imply legality.It is frustrating to see that the sellers do not understand or do not want to understand. Every week I have the same discussion with someone.The Cédula de habitabilidad in Mallorca (or anywhere else) is …
Illegal constructions in Mallorca
Illegal constructions in Mallorca are the main headache of the owners or those interested in buying a house in Mallorca.
For more than 50 years the inactivity of the administration of the Balearic Islands has allowed an infinite number of houses to be built with no license. Many of them were totally illegal but administration was not ordering any demolition of illegal buildings. With the passing of time the need to protect the islands has grown and the administrations are increasingly strict when it comes to enforcing the laws. Today if you are planning to buy a house or building in Mallorca, it’s very important to be sure it’s legal, otherwise you may be buying a problem.
The demolition of illegal buildings in Mallorca now is ordered.
A few years ago the administration decided to fight against the illegalities and to prosecute them. Now, every month the Island Council of Mallorca orders the demolition of illegal buildings in Mallorca. That’s why before to buy illegal house in Mallorca it’s necessary to know the risks. While a demolition order is the worst case scenario, in other cases it happens that reform licenses are not given for illegal houses or those that have an illegal part.
This problem, which is more frequent in rustic areas, means that many illegal constructions in Mallorca are destined to disappear because they cannot be reformed.
The only solution that owners of an illegal house in Mallorca have is to reform it without asking for a license. If the administration surprises them during the process of reform, they will order to stop the works and the demolition.
That is why it is absolutely necessary to know the state of the property to be bought before signing any document. The only way to know the real state is to check that the builder has obtained a license from the Town Hall and that what he built is what was authorized in the license.
The most common illegalities in Mallorca are illegal porches, added rooms without a licence, whole houses built on plots that do not meet the minimum plot to be built.
Also sometimes we find illegalities in urban areas such as closing galleries and turning them into living areas.
So, if you are planing to buy a house in Mallorca, be sure you are aware of the real situation of the Property, so you are sure you are not buying an illegal one. If so, be sure you know the consequences.
Otherwise if for you it’s essential the house you are going to buy in Mallorca it’s legal, be sure your adviser it’s independent to the seller and know local regulations.
One of the most common misunderstandings when buying a house in Mallorca, or anywhere else in Spain for that matter, is the belief that a Certificate of Occupancy (Cédula de Habitabilidad) is the equivalent of an Urban Legality Certificate (la legalidad urbanística).Upon further investigation, you will find that this false equivalent is not only wrong, …
Buying a property in Mallorca means entering a labyrinth of Property Violations, laws, regulations, and abstract concepts that bears a fine line separating legality from illegality. Learning to detect those infractions in Mallorca is essential when moving forward with a property venture. One mistake can make the difference between a legal property, a property qualified …
The owners of illegal properties in Mallorca have a new enemy. Until recently it was necessary to identify oneself in order to denounce. From February 2019 anyone can file a complaint without identifying themselves. That is why it is ESSENTIAL to make sure of the legality of the property you are going to buy before …
Lately I have noticed that it is being implied that if the property has a Certificate of Habitability (Cédula de Habitabilidad) it means that it is legal. This is not always the case. Having a certificate of habitability is not synonymous with urban legality. -In the case of a new construction, this building must have …