Extraordinary regularisation of dilapidated buildings in the Balearic Islands

Last Friday, 24th of May, the Consell de Govern de les Illes Balears (Balearic Islands Governing Council) approved a decree law that establishes an extraordinary measure for the regularisation of buildings, constructions, installations and uses that are out of order. This measure allows for the legalisation of buildings that, at the time of the entry into force of the decree, are no longer suitable for the adoption of measures to restore urban planning legality, within a maximum period of three years.

Scope of the measure

Extraordinary regularisation is aimed exclusively at buildings and constructions against which the administration can no longer act due to the statute of limitations of the infringements, which prevents the imposition of sanctions or the restoration of urban planning legality. It is important to note that the measure prohibits the use of these buildings for the commercialisation of tourist accommodation.

Requirements and deadlines

Buildings, structures and installations constructed eight years prior to the entry into force of the Decree-Law are eligible for this measure. For those located in protected rural areas, they must have been built before the Land Use and Planning Act of 29 May 2014, with the exception of areas covered by the Natural Spaces Act, where they must have been built before 10 March 1991.

Economic and Environmental Considerations

Landowners wishing to take advantage of this regularisation must comply with certain economic and environmental obligations:

1. Economic considerations:

• First year: Payment of 10% of the regularisation value.
  

• Second year: Payment of 12.5%.
  

• Third year: Payment of 15%.

There are also reductions for applicants with lower incomes:

- 50% reduction for those who are taxed individually and whose average taxable income over the last four years does not exceed 33,000 euros per year, or 52,800 euros if taxed jointly.

- 25% reduction if the taxable income does not exceed 52,800 euros for an individual or 84,480 euros for a couple.

2. Environmental obligations:

Owners must present a technical project that includes environmental sustainability measures such as the reduction of light pollution, increased energy or water efficiency, the use of sustainable materials, renewable energy generation systems, water tanks and purification systems that comply with the hydrological plan of the Balearic Islands.

Exceptions

This procedure does not apply in the following cases

• Buildings subject to expropriation, forced or free transfer or demolition in accordance with current plans.
  

• Buildings in the public domain, road protection zones or easements under coastal legislation.
  

• Uses involving activities that require the acquisition of places, quotas or other limited public rights.
  

• Activities that are subject to prior declaration of general interest, according to Law 6/1997, of 8 July, on rural land in the Balearic Islands, unless they are declared to be of general interest in accordance with Article 26 of the same law.

The resolution granting the special authorisation must expressly state that the dwelling cannot be used for the commercialisation of tourist accommodation.

Conclusion

This extraordinary regularisation represents a unique opportunity to legalise unlawful buildings that, by law, can no longer be sanctioned or subject to measures to restore urban planning legality. The aim is to reconcile urban development with environmental sustainability and economic equity, allowing owners to regularise their properties under specific conditions and contributing to the protection and sustainable management of natural resources in the Balearic Islands.