What Does ‘Alegal Property in Mallorca’ Mean?

Let’s start by defining the term. “Alegal” is an invented term used to avoid saying “illegal,” meaning that the property is outside urban planning regulations. Since the word “illegal” scares off buyers, sellers use “alegal,” which essentially means the property is illegal, and you cannot claim you weren’t warned.

Every year in Mallorca, authorities order the demolition of houses or parts of houses that do not comply with planning regulations. This issue is serious enough to warrant careful consideration.

When Is a House Legally Compliant?

A house complies with urban planning laws when:

1. A construction license has been obtained.
2. The construction matches the approved license.
3. The local council has inspected the property and issued a final approval.

It is important to note:

• Just because a house appears in the Land Registry or the Cadastre does not mean it is legal.
• Having a certificate of habitability does not mean it is legal.

What Are Alegal Properties in Mallorca?

Sellers use this term to refer to houses built without a license, but where the legal violation has expired due to the passage of time.

If the violation has expired, does that make it legal? No. It remains illegal. If you renovate, repair, fix leaks, change the bathroom, or make any modifications, authorities may order the demolition of the altered parts.

Why You Should Be Cautious About Buying an Alegal Property in Mallorca

The term “alegal property in Mallorca” serves as a warning: do not trust someone who tells you that a house is alegal because the violation has expired and therefore it is legally compliant. It is essential to seek advice from an expert real estate lawyer before making any purchase decisions.

Conclusion

In Mallorca, purchasing a property requires a thorough understanding of urban planning laws. Do not be misled by ambiguous terms like “alegal property in Mallorca,” and always ensure the property fully complies with legal regulations before investing.

Feel free to book a free consultation (face-to-face, videoconference or telephone) or contact us by email or whatsapp for more information.

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The urban amnesty for illegal houses rustic land in the Balearic Islands was already announced by the current president of the Balearic Government during the election campaign.
Although it is not known how it will work, rumors suggest that it will be similar to the Company Law approved in 2014.
The local press already takes for granted that the amnesty could come after the next Easter vacations.

What do we know?

1.- That it is not 100% certain that it will be approved and if it is approved, not all illegal constructions will be legalized.
This is essential because since the last elections we are seeing sellers offering illegal houses assuring that “It is certain that there will be amnesty and you will be able to legalize it and it will be worth much more”. Today is only a rumor. It looks like it could happen, but until it is approved, it is not certain.

2.-It seems that it will affect ONLY those constructions that have prescribed /time barred. That is to say, those on which the administration has lost the right to order restitution (demolition).
Prescribed is NOT that it has been built for more than 8 years. That is only one of the necessary elements. Prescribed is that it has been finished for more than 8 years, in general rustic land, not in a protected area and, most importantly, that the administration has not opened a file during that time. The fact that the owner does not know that a file has been opened does not mean that it does not exist.

What do we not know?

The conditions. The company law required the payment of a fee and a fine.
It has been rumored that it could now also require the improvement of the energy efficiency of the buildings.
The owner will have to assess the cost of the works to be done and the benefit to be obtained.

What to do if you have a house on rural land?

As soon as the regulations are approved, time will be of the essence.
In 2014 many people missed the opportunity to legalize their homes.
The most important is to know if your property is out of ordinance or not. Many owners believe that because their house is registered, appears in the land registry and has a certificate of occupancy it is legal. This is not true.

I recommend the property be reviewed by an expert to know if it complies with urban planning regulations. If there is any illegal part, as soon as the regulations are approved, you will be able to immediately take advantage of the regulations.

You want to know if your property has out-of-order parts.
Contact me and I will help you find out.

Contact Now

The post Rumors of urban amnesty in the Balearic Islands grow. appeared first on Real Estate Lawyer in Mallorca.

ONE YEAR IN JAIL FOR CONVERTING A PORCH INTO A BEDROOM AND EXTENSIONS IN MALLORCA.
If a few months ago we witnessed the request for a year and a half in prison for transforming a pool into a swimming pool, now local press informs the owner of the Sóller property was denounced for converting a porch intended for a garage into an enclosed room. In addition, he extended the house by 45 metres and built other small adjacent buildings on his property and opened roads without a licence.
The works are not legalisable, and will therefore have to be demolished at the owner’s expense.
In addition, the owner and promoter of the works has been sentenced to one year in prison for an offence against the territory.

The sentence is extremely harsh since the property where the constructions were carried out is an ANEI, a highly protected area. If the works had been carried out on common rustic land, the developer would probably have had to demolish the buildings and pay a fine.
In the case mentioned above, in which a year and a half was requested for converting a swimming pool into a swimming pool, the defendants were acquitted because the act could not be proved.

THE URBANISTIC LEGALITY OF PROPERTIES, WHETHER RUSTIC OR URBAN, MUST BE CHECKED BY PROFESSIONALS. JAIL BECAUSE OF ILLEGAL WORKS IN MALLORCA ARE NOT THE ONLY CONSEQUENCES.

Mallorca is experiencing an increase in property purchases by foreigners never seen before in history. Many are advised by conveyancing lawyers independent of the seller or his intermediary, but others buy without advice. Buying a registered property which has a cédula de habitabilidad and signing the purchase in front of a notary DOES NOT guarantee the legality of the property. Illegal properties are registered in the register and in the land registry, but they are still illegal, advertised on real estate portals and sold in front of a notary.

BUYER’S LIABILITY.
If a property is bought and has urban infractions, the authorities cannot condemn the buyer to pay the fine or to imprisonment, as in the case explained above. However, they can order the demolition of the illegal works.
In any case, no renovation or extension work can ever be carried out on the illegal parts

HOW TO KNOW IF A PROPERTY COMPLIES WITH THE URBAN PLANNING LAW.

There are signs that indicate that a property may have infringements.
If these are not sufficient, it is best to seek advice from a professional, not related to the seller.

Don’t be tricked into buying a risky property. The authorities in Mallorca are increasing their efforts of prosecuting illegal builds. With this in mind, buying a house without the proper certifications will undoubtedly result in unforeseen consequences. I’m offering you the opportunity to test my expertise with a FREE RISK REPORT of your future property purchase.

The post JAIL FOR ILLEGAL BUILDING WORKS IN MALLORCA appeared first on Real Estate Lawyer in Mallorca.

The owners of illegal properties in Mallorca have a new enemy. Until recently it was necessary to identify oneself in order to denounce. From February 2019 anyone can file a complaint without identifying themselves.

That is why it is ESSENTIAL to make sure of the legality of the property you are going to buy before signing any document that commits you. (And don’t expect vendor or the agent paid by him/her will tell you the true).

As published in Ultima Hora newspaper in April 19th (read it here in local newspaper), the Consell (government of Mallorca) has received 46 anonymous complaints in two months for illegal works in rustic.

In just two months, the Agència de Defensa del Territori (ADT) has received 46 communications or anonymous denunciations for alleged illegal works. This figure contrasts with the one hundred formal complaints received throughout 2017.

The possibility of filing complaints with the ADT without the obligation to provide the name was introduced at the end of February. Previously, the Agency only admitted formal complaints, in which the complainant was obliged to provide his or her identity.

These 46 anonymous complaints were received between the end of February and last Friday. However, most of them, 26, were processed within the first two weeks of the service’s operation.

Priority

There are differences between formal and anonymous complaints. The former, in which the complainant is obliged by law to provide his or her name and surname and ID number, are processed “with priority” over the latter, which do not have the legal status of complaints. The ADT does not even refer to them as “complaints” but rather as “communications” that can be processed from its “Citizen Collaboration Portal”.

This website, which can be accessed from the ADT’s digital platform, contains a form in which the complainant is only asked for an e-mail address; the plot number, the industrial estate and the municipality in which the alleged infringement was committed, the type of construction erected without permission (if it is a house, an agricultural building, a swimming pool, etc.) and photographs of the irregularity.

Mercedes Garrido, insular consellera of Territori i Infraestructures and political responsible of the ADT, made a “positive” balance of the new service. “It must be borne in mind that the ADT is already competent in all the protected rustic land and in more than half of the municipalities of Mallorca. In this sense, citizen collaboration always comes in handy and helps the detection of infractions, since it is impossible to have enough inspectors to reach all sites.

On the other hand, Mercedes Garrido recalled that the Agència de Defensa del Territori de Mallorca was “the only agency of this type” that still did not offer the possibility of making anonymous complaints.

It must be remembered that the ADT only has jurisdiction in rustic land and, in certain circumstances, in urban land. Created in 2009, the Agency was virtually inactive until 2015, when the new government of the Consell de Mallorca amended its statutes and gave it more staff, among other actions, with the desire to boost its operation.

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