Government of the Balearic Islands wants to enable subsequent legalization of illegal buildings

The government of the Balearic Islands is planning to legalize illegal constructions retrospectively. A new draft law is being prepared that will outline the ways and means by which this can be implemented. The law is due to come into force in spring or summer of this year.

The initial situation is well known: There are numerous properties on the Balearic Islands that have been built illegally. They were either built without a permit or extensions and conversions were carried out without the appropriate authorization. Many of these properties are now protected, which means that they are no longer at risk of being demolished or fined because the authorities have not taken legal action within a certain period of time. However, grandfathering does not make them legal. Such houses cannot receive a new certificate of eligibility and may not be renovated. Permits for conversions or extensions can only be granted if the illegal part of the building has been demolished first. The sale of illegal or listed houses is also problematic, unless the owner is prepared to accept considerable price reductions. This problem is to be solved with the new law.

The PP-led government of the Balearic Islands had already passed an amnesty law in 2014, but this was repealed by the subsequent left-wing government after a short time. The planned law could follow on from this, although the exact details are not yet known. It is possible that current inventory plans will have to be submitted for legalization and 'fines' could be demanded. The new law could also include additional requirements to improve energy efficiency and install plumbing to reduce water consumption, which some may not like.

However, legalization offers the opportunity to obtain a new certificate of habitability (cédula de habitabilidad), apply for permits for renovation work and sell the property without losing value.

As soon as the details of the planned law are known, we will provide more information here.