The Balearic government is expected to approve its administrative simplification decree after Easter. This has planning bureaucracy in mind, and it will include a planning amnesty for buildings on so-called rustic land*.
It is estimated that there are around 25,000 homes on this type of land that have never been legalised; some were built decades ago.
When the Partido Popular were last in power, a law was passed which enabled legalisation in exchange for a penalty payment based on the value of the works. That law was amended after there was a change of government (the PSOE-led coalition) in 2015. The legalisation process was blocked.
These properties are in a state of legal limbo. The PP's law did lead to some being demolished, but there are plenty to which the statute of limitations applies. However, as they don't appear on municipal registries as legal constructions, there cannot be applications for permissions to undertake renovation or additional work.
Essentially, therefore, the government is looking to end this limbo by issuing an amnesty. Opposition parties have responded to this by saying that they will consider lodging an appeal against the amnesty with the Constitutional Court in Madrid.
The PSOE spokesperson, Iago Negueruela, has referred to EU regulations and to a situation in Andalusia, where the regional government was forced to back down in respect of a similar measure applied to the Doñana National Park. "It is an amnesty for their own (PP supporters) and a bad example for society. It sends out a message that anyone can do what they want."
Lluís Apesteguia of Més says: "Rustic land cannot be developed. Mallorca cannot continue to be a huge plot of land for development."
Josep Castells, spokesperson for Més in Menorca, supports the idea of administrative simplification but not if it is an excuse for a planning amnesty. "It will benefit the smart ones who have broken the law."
* Rustic land doesn't necessarily relate to rural land. It means land that has not been classified for development by a town hall and can just as easily be in an urban setting. It's not impossible to build on it if certain regulations are followed, e.g. regarding the minimum size of the plot, while land classification can and does change from time to time.
6 comments
To be able to write a comment, you have to be registered and logged in
Johnny CAgree with what you say, but it is indeed just that simple. If it's not in the escritura or the nota simple, it doesn't exist. And that means it's not legal. Period. If you're stupid enough to buy a property without obtaining these critical documents, then you (or your estate agent) shouldn't be buying or selling property.
Morgan WilliamsThe situation is not that simple. Just because a property appears in the escritura, it does not prove that it’s legal. If 8 years had passed without the building receiving a notification of an urban infraction it could be registered but that does NOT make it legal. Whilst the time limit for receiving a fine or demolition order has passed, the property is in a situation known as ‘fuera de ordenación’. This presents 2 problems; firstly, one cannot apply for a licence for any renovation work or any changes and, secondly, one cannot apply for the ‘cédula de habitabilidad’ which, during the last years, has become an almost essential document for the selling the property because most banks will not grant a mortgage without it. Sadly, many estate agents will tell you that the property is legal just because it appears in the escritura. The most reliable way to establish the legality of a property is to consult with the municipal architect who will have all the information on the property such as licences granted. Finally, it costs 10,91 € to obtain a nota simple from the property register online. This shows the registered description of the property, details of the owner(s), date of acquisition and whether there are any charges against the property.
Planning definitely needs reform but there must be proper process and control or we’ll have a free for all which will just cause more blight to the landscape and lives. We have enough badly designed and poorly built properties already!
Peter PerfectAnything new who buys a property (anywhere) without first checking the registry (an escritura costs 15€) shouldn't be buying a property in the first place. And there's too many empty properties that can't be legalised for no good reason. Perfectly good ones that somebody could be living in.
GOOD NEWS !!!!!
It's about time they stopped being arses over planning. When everyone was getting a backhander for allowing illegal builds all was good, now they don't get as much/any (delete what you believe) they got all uppity. People paid a lot of money for some of these properties that lawyers said were legal then they lost it all when they decided to change their minds and order them to be demolished. This is fine as long as the government reimburses the buyers, otherwise it is just another form of robbery.