The Balearic government has adopted a legal package that allows certain unlicensed buildings and extensions in Mallorca to be regularised.
Context
On 24 May 2024, the Balearic government approved a package of measures aimed at reducing bureaucracy. One part of it opens the possibility of legalising buildings, extensions and even pools in Mallorca that were erected without the required permits. If the conditions are met, these structures may return to the market in a regularised form, although holiday-rental use is expressly excluded.
Conditions for legalisation
Applications may be filed within three years from publication of the rules in the BOIB official gazette. At the time of the article, that publication had not yet taken place.
Only buildings whose planning infringement is already time-barred can benefit. In protected rural areas, this generally affects structures built before 29 May 2014, while properties falling under natural-space legislation must date back to before 10 March 1991.
Fees, taxes and environmental measures
Owners must pay legalisation fees and taxes and carry out environmental improvement measures. The fee starts at 10 percent of the construction value in year one, rises to 12.5 percent in year two and reaches 15 percent in year three.
Lower-income households benefit from reduced rates, and the collected amounts are intended to support the acquisition, restoration, protection and sustainable management of natural areas and municipal land assets.
Applicants must also submit a technical environmental compatibility project including measures to reduce light pollution and improve energy and water efficiency.
Exceptions and political reading
Buildings affected by expropriation, compulsory transfer or demolition under current planning rules cannot be legalised.
The same applies to public property, structures within road protection zones and buildings subject to coastal legislation or requiring a tourist licence.
The government argued that many families on the Balearic Islands live with partially irregular building situations and that legal recognition can unlock improvements and transactions that would otherwise remain blocked.
