Else Beekman
Mallorca has taken a significant step towards the legalisation of thousands of rustic homes, offering relief to homeowners whose properties have long been in legal limbo.
Last Thursday, the Consell de Mallorca introduced a new procedure that legalises rustic properties where previous infractions can no longer be sanctioned or enforced. This decision will benefit an estimated 24,000 properties across the island.
Why this measure?
This measure was introduced after the Balearic Parliament passed a law aimed at simplifying and streamlining administrative processes. Under this law, buildings on rustic land with past infractions that can no longer be penalised can now be legalised.
The initiative moved forward when Spain’s central government, led by Pedro Sánchez, decided not to oppose it. Initially, there were concerns over potential constitutional issues, but an agreement was reached. In exchange, the Balearic government pledged to set up an external reporting channel, following the closure of the Anti-Corruption Office last year.
How does the legalisation process work?
Property owners who wish to legalise their homes must follow a structured process. First, they need to submit a technical project outlining the proposed legalisation of their property. Once they have prepared the project, they must apply for a legalisation licence from the local council. In addition, homes must comply with environmental standards, which include measures to reduce light pollution, improve energy efficiency, and install water purification systems.
Another crucial requirement is the payment of an economic contribution, which varies between 10% and 15% of the property’s value. The fee depends on the timing of the legalisation, with a 10% charge for those who complete the process within the first year of the decree’s enactment, increasing to 12.5% in the second year and reaching 15% in the third year.
Impact on homeowners and local economy
To homeowners, this measure provides a significant relief, as they have faced uncertainty over the status of their properties. Legalising these homes ensures they are no longer at risk of demolition and allows owners to invest in improving their properties without fear of penalties.
The funds collected from these legalisation fees will be channelled back into the community. Local councils will have to use the money for sustainable development projects, including the acquisition and protection of natural spaces, enhancing municipal resources, and promoting eco-friendly practices.
A balanced approach to development
According to Fernando Rubio, the Counselor for Territory, Mobility, and Infrastructure, the legalisation process is a balanced solution for properties where infractions have been prescribed. “The law provides for legalisation under certain conditions related to energy, landscape, and an economic contribution,” he stated.
The measure also respects ongoing cases managed by the Territorial Defence Agency. Existing illegal construction cases will continue under their current procedures. Therefore, new legalisation efforts do not interfere with active enforcement.
Promoting sustainable development
The new legal framework encourages owners to integrate their properties better into the natural landscape. Herewith, promoting sustainable development and environmental responsibility. Councils have the authority to set criteria for landscape integration and harmonisation. As such, they ensure that legalised properties contribute positively to Mallorca’s rural environment.