Legalization of "Out of Order" Buildings: Key Updates for Real Estate Professionals

Dear Clients,

We're thrilled to update you on the latest decree passed by the Consell de Govern de les Illes Balears on May 24, 2024. This new law, officially published on May 28, 2024, introduces critical changes aimed at simplifying and rationalizing administrative processes. Significantly, it provides a framework for the legalization of buildings classified as "out of order."

What Does the Decree Entail?
The primary objective of this decree is to streamline administrative procedures, reducing bureaucratic hurdles for citizens. A major highlight is the temporary regulation allowing the legalization of specific buildings that have been constructed without proper urban planning authorization.

Key Provisions

Eligibility for Legalization:
  • Time Frame: Buildings must have been completed before the cut-off dates specified in the decree (e.g., before May 29, 2014, for protected rural land; March 10, 1991, for areas under the Natural Spaces Law).
  • Restrictions: Buildings in protected zones like national parks or coastal protection areas are not eligible.

Legalization Period:
An extraordinary three-year window (until May 28, 2028) has been established for property owners to apply for legalization.

Economic Contribution:
A financial contribution, scaling from 10% to 15% of the property value depending on the year of application, is required. Reductions are available for low-income applicants.

Environmental Compliance:
Legalization requires compliance with environmental sustainability measures, such as reducing light pollution and enhancing energy and water efficiency.

Buildings subject to expropriation, those on public land, or those requiring special public rights for commercial activities are excluded from this process.

Tourism Restrictions:
Legalized buildings cannot be used for tourist accommodations. This restriction must be registered within three months of obtaining the legalization license.

Technical Requirements:
Applicants must submit a technical project by a certified architect, ensuring compliance with sustainability standards, including renewable energy use and water purification systems.
The economic contributions collected will be allocated towards the acquisition and management of natural spaces, enhancing the sustainable management of the region's resources.

At RE/MAX Isla Blanca, we understand the importance of these changes and are here to assist you through the legalization process. This decree represents a significant opportunity for property owners to secure their investments and ensure compliance with current regulations.

Key Takeaways:
  • Simplified Procedures: Reduced bureaucracy for faster administrative processes.
  • Legalization Window: Three years to apply for legalization.
  • Environmental and Financial Compliance: Requirements for sustainability and economic contributions.
  • Tourism Restrictions: Legalized properties cannot be used for tourism.

For more information and personalized assistance, contact our team at RE/MAX Isla Blanca. We are committed to helping you navigate these new regulations and secure your property investments.

our agents