Extraordinary legalisation procedure for buildings, constructions, installations, and existing uses on rural land

Today, the Official Gazette of the Balearic Islands (BOIB) published the urban amnesty decree law. This new regulation will allow for the legalisation, for a maximum period of 3 years of certain buildings, constructions, installations, or other existing uses on rural land throughout the Balearic territory.

What are the requirements? These may be subject to changes and will be updated as we know more. 

• The constructions included in The Natural Areas Bill (LEN 1/91) must have been completed before March 10th, 1991.
• Constructions cannot be subject to expropriation, situated on public land, that require limited public rights, or that need a declaration of general interest which has not been obtained.
• They must not involve activities that require the acquisition of places, quotas, or other public and limited rights.

What is the procedure?

• Submit an application form to the relevant local council.
• Attach a technical project that includes environmental measures, such as reducing light pollution and improving energy or water efficiency.
• The extraordinary legalisation requires payment of the same fees and taxes as new constructions. Additionally, the applicant must pay a financial contribution to the local council. 

If the application is submitted in the first year, the contribution will be 10%; if submitted in the second year, it will be 12.5%; and if submitted in the third year, it will be 15%. The financial contribution is reduced for applicants with low incomes, with discounts of 50% or 25% depending on the level of income. These percentages are applied to the cost of the (building) execution. 

The local council will have six months to resolve and notify. If no notification is given within this period, the application will be considered rejected.

Important implications: legalised homes cannot be used for holiday rentals, and this prohibition must be recorded in the Land Registry.

If you own rural property in the Balearic Islands, now is the perfect time to sell. This new urban amnesty decree law could increase your property's value. Ready to sell? Contact our expert estate agents today to list your property! 

For more information on the legalisation process, contact your local council.