Published on March 4, 2014
ARTICLE GOOD NEWS: AMNESTY FOR PROPERTIES CLASSIFIED AS EXCLUDED FROM THE VALID REGIONAL DEVELOPMENT REGISTRATION. THE NEW LAND LAW OF THE BALEARIC ISLANDS On 16th September, the project of the new law for regional development and use of the land on the Balearic Islands has been published on the website of the Autonomous Government of the Balearic Islands. This law is expected to be adopted with the actual text of the project at least only few changes are expected. The law comes into force two months after the publication in the Official Bulletin of the Balearic Islands- BOCAIB. This article basically treats the possibility of legalization of all properties classified as "excluded from the regional development planning” to date. Once the law is published in the Bulletin BOCAIB, we will be able to inform more precisely about the consequences. The properties, which are listed as “properties excluded from the regional development planning" are houses or buildings, which at the time were built without the correspondent building license of the Town Hall and could not be legalized, because the urban legislation did not permit it. However, the infringement must have prescribed, so that by now no demolition can be ordered, because the legal time limit has expired. The concept of “regional development planning" currently implied, that in these properties could not be carried out any building work and in some cases it was even impossible to apply for gas, water, telephone, telecommunication services and a sewage system, etc. This adjustment was applied meanwhile the legalization of the building was not achieved in accordance with the valid legislation and regional development planning. In most cases it was impossible to legalize these properties, because the law and the applicable urban legislation did not allow it. PALMA DE MALLORCA POLLENÇA SANTANYÍ Carrer dels Oms, 50 Esc. A, 1º Vía Pollentia, 39 Carrer Bernat Vidal i Tomas, 30 07003 Palma de Mallorca 07460 Pollença 07650 Santanyí Illes Balears- España Illes Balears- España Illes Balears- España firstname.lastname@example.org email@example.com firstname.lastname@example.org T+ 34 971 728 008 F +34 971 720 570 www.illeslex.com
ARTICLE In practice, this implied that only mere maintenance and repair works could be performed, never any modifications and even maintenance works had to be approved by the Town Hall. With the new law, this situation will presumable change and it will be in favour of the owners of these properties and the respective municipalities, as they will raise charge fees for the legalization of these properties, increasing the liquidity of our Municipalities. The new law gathers in one sole regulation the entire system of different legal standards which previously existed on the Balearic Islands. In consequence it will replace many urban regulations which have been in force until the adoption of the new law. The law stipulates that within a time limit of three years, to count from the moment of the validation of the new regional development planning, the properties can be legalized with all the implicated advantages, which actually are excluded from the law, As so the regulation foresees that existing buildings on rustic ground, for which no demolition order can be carried out, can be incorporated into the regulation, in a time limit of at the most tree years. Concerning the plots included in the area of the Law 1/1991 for natural spaces and areas of special protection (ANEI, ARIP, and residential areas in protected landscape) it is assumed that the infringement has prescribed, whenever can be proved that the building existed before 10th March, 1991, if there has not been undertaken any change of utilization later. Thus, this represents a unique opportunity for the owners of this type of buildings to legalize their property, which should not be missed. The local and national press speaks of about 25,000 residential units which may benefit from the current amnesty. PALMA DE MALLORCA POLLENÇA SANTANYÍ Carrer dels Oms, 50 Esc. A, 1º Vía Pollentia, 39 Carrer Bernat Vidal i Tomas, 30 07003 Palma de Mallorca 07460 Pollença 07650 Santanyí Illes Balears- España Illes Balears- España Illes Balears- España email@example.com firstname.lastname@example.org email@example.com T+ 34 971 728 008 F +34 971 720 570 www.illeslex.com
ARTICLE The legalization must be applied in the city administration presenting the corresponding project paying the collectible fees, which are the same as the ones for the regulation corresponding to new buildings. In addition to these fees a special quantity must be paid, calculated on the following percentages of the cost of the material construction fixed in the legalization file, which are 15 % of the value, if the legalisation is performed during the first year, 20 % during the second year and 25 %, if it is realised during the third year. This regulation concretely comes into effect after being adopted by the absolute majority of the plenary meeting of the Island Council. The agreement will then be published in the official bulletin of the Balearic Islands – BOCAIB, starting the time limit of three years to which the Law refers from this date of publication. Once definitely approved the Law we will be able to specify the conditions and procedures for the legalization of the properties "excluded from regional development planning". PALMA DE MALLORCA POLLENÇA SANTANYÍ Carrer dels Oms, 50 Esc. A, 1º Vía Pollentia, 39 Carrer Bernat Vidal i Tomas, 30 07003 Palma de Mallorca 07460 Pollença 07650 Santanyí Illes Balears- España Illes Balears- España Illes Balears- España firstname.lastname@example.org email@example.com firstname.lastname@example.org T+ 34 971 728 008 F +34 971 720 570 www.illeslex.com
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