If you are a real estate agent in the Balearic Islands, knowing the new legislation for the legalisation of constructions on rustic land is essential. At FuturSeguros, your insurance agent in Mallorca, we are here to help you understand the changes and facilitate compliance with decree-law 3/2024, which we believe will be very beneficial for the local real estate sector. Also, before I forget, if you need a partner to issue insurance, or want to expand your business, contact futurseguros can be a complementary source of income for you and a good service for your clients.
Summary of the conditions necessary to legalize a rural property in Mallorca.
1.What type of housing can be legalised according to decree-law 3/2024?
In order for a construction to be legalised, it must not be subject to measures to restore urban planning legality. They can be legalised:
- Out-of-plan constructions: Buildings on general rustic land more than 8 years old.
- Buildings on protected rural land: Built before 2014.
- Land in Special Protection Areas: Included in the Law of Natural Spaces and Urban Planning of the Balearic Islands, prior to 10 March 1991.
2. Is it necessary to submit a technical project?
Yes, the project must include:
- Efficient building materials and techniques: Improving energy and water efficiency.
- Renewable energy systems: such as solar panels.
- Water treatment systems: In accordance with the Hydrological Plan of the Balearic Islands.
- Water tanks: To reduce energy and water consumption.
3.Restriction of use of housing legalized according to 3/2024.
- Prohibition of marketing for tourist stays: Must be entered in the Land Registry within three months of the granting of the licence.
4. Does it cost anything to legalize my home?
- Applicable fees and taxes: Payment for new buildings.
- Financial contribution to the municipality: For the sustainable management of natural areas and resources or the provision of municipal land assets, with the following percentages:
- 10% in the first year.
- 12.5% in the second year.
- 15% in the third year.
5. Compliance with Sectoral Regulations
- Comply with state or European regulations on the ordinary legalisation of illegal acts and uses.
6. Specific Conditions for Protected Land in the new law.
- For land under Law 1/1991 on natural areas, the action to re-establish urban legality must be prescribed if the building or use was implemented before 10 March 1991.
7. Irregular Use and Change of Use.
- Irregular uses or changes of use can be legalised if the action to restore urban planning legality is time-barred, with prescription periods varying according to the date of implementation of the use..
8. How long do I have to legalize my rustic property in Mallorca?
- The deadline for submitting applications for legalisation is three years from the publication of the plenary agreement of the island council in the Official Gazette of the Balearic Islands.
This text is a summary of the article published on Linkedin, you can see the full article here, you can also download the decree law here.