Sellers take advantage of the good moment of the real estate market to place illegal properties on the market at prices that can easily exceed one million euros. At the same time, the authorities fight against urban planning illegalities crosses the limit of administrative infractions to reach the CRIMINAL courts. Now a verdict sentences an offender to ONE YEAR IN JAIL for illegal works carried out on his property 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.
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.