After lengthy debates and thorough legal reviews, the government of Mallorca has decided to introduce a new regulation for the legalization of illegal properties in rural areas or parts of existing properties on the island. This groundbreaking measure is intended to benefit the owners of illegally constructed buildings, local authorities, and the entire community.
The legalization of illegal rural properties brings numerous advantages. Firstly, it creates legal certainty for owners who have been operating in an uncertain legal gray area. Now they can use and manage their properties without fear of official sanctions. Furthermore, legalization helps to relieve the burden on courts that have been confronted with a multitude of lawsuits related to illegal buildings.
For the community, the new regulation represents an opportunity to regulate and control the real estate market. Through an orderly legalization of illegal buildings, local authorities can ensure that these comply with current building regulations and meet the social and urban development interests of the island. This creates a more balanced relationship between development and environmental protection.
Nevertheless, it should be noted that the legalization of illegal properties in Mallorca is not a free pass for unlawful construction. Rather, it is a step towards transparent and regulated real estate development that meets both the needs of residents and the requirements of the law.
Owners of illegal rural houses and other buildings interested in retroactive legalization must first pay a fine. The exact amount of the fine has not yet been determined but is expected to be based on a model from the time of the government under then-conservative regional prime minister José Ramón Bauzá, which provided for fines between 15 and 25 percent of the construction value.
In addition to the fine, owners must commit to implementing measures to improve the energy and water efficiency of the properties. This regulation is intended to apply only to buildings that are at least eight years old, including any additional extensions such as swimming pools, verandas, or terraces. With this decree, the Balearic government also intends to enable the retroactive rehabilitation of buildings that pose a danger to public safety due to their poor condition.
Currently, the draft is being discussed in coordination with the affected ministries.