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New planning Law in the Balearic Islands (II): Buildings and constructions out of planning order

09Feb

If you wish to purchase or sell a property in Mallorca, you must be aware if the buildings and constructions may be in an unsuitable situation or out of planning order. In this article we are only going to speak about those out of planning order. For this, we would refer to the art. 129 of the new Planning Law in the Balearic Islands (LUIB), in particular the second section, which has hardly suffered any modifications with respect to the previous one, the art. 68 of the now revoked Planning Law and Use of Land (LOUS). 

This article numbers the three cases in which a construction, building, installation or use is considered as being out of planning order, that is:

a) The buildings that as per the present planning are subject to expropriation, compulsory transfer or granting free of charge or demolishment.

b) The buildings or constructions carried out without a license or with a revoked license, even though no longer corresponds the taking of measures of re-establishing the planning legality that involves the demolition applicable in its case.

c) The buildings or constructions established legally in which have been carried out Works of extension or reform or change of use without holding a license or with a revoked license.

If our property in Mallorca or Ibiza is in this situation, can we obtain a license to extend, reform etc.? We show you in this post a table that can be more easily understood, as it is not an easy matter.

On one side, we must be with what is said by the LUIB (second column) but, on the other hand, the regulations of this Law have not yet been developed by its corresponding rule, and the final second regulation of the LUIB, in its second section, states that until this is not replaced, in the area of the island of Mallorca will continue as valid, in all that is compatible with the LUIB, the general Regulation of the LOUS, for the island of Mallorca. Therefore, we also have to keep in mind the article 186 of said Regulation (third column).

We insist that it is very important to contact with a lawyer before purchasing any type of property, in particular if it is a property on rural land, as if any building or construction is out of planning order, it is very risky and, what is more, the Property Registry office could register this situation as a charge, which would complicate tremendously a possible sale as it would be very difficult for a bank to grant a mortgage on a property that is out of planning order.

 

 

 

Different cases of situations out of planning order

 

According to the new Planning Law of the Balearic Islands (art. 129 LUIB)

According to the Regulation of the already revoked Planning Law and Use of Land in the Balearic Islands, until such time as replaced by another (art. 186 Regulation LOUS)

The buildings that in accordance to present planning order are subject to expropriation, compulsory transfer free of charge and demolishment (art. 129.2.a LUIB)

  • Not possible to authorize Works of consolidation, increase of volumen nor updating.
  • Possible exceptional authorization, with specific renunciation to its possible increase of expropriation value, repairs required by public health, security and the hygiene of people living in same or occupying the mentioned buildings.

 

  • It is not possible to authorize, under any circumstances, Works of consolidation, increase in volumen nor updating. Only to be authorized the execution of works of repair required by public health, security and the hygiene of people living in same or occupying the mentioned buildings, under the terms established in letter a) of section 2 or article 68 of the LOUS.
  • The council authorization of the works only admitted in accordance with the letter a) above should condition its efficiency to the drawing up of the specific renunciation to the increase of expropriation value arising from its execution, and the entry of said condition in the Property Registry office.
  • In these buildings or installations can be maintained the pre-existing uses legally established until the execution of the expropriation, transfer or demolishment, as well as the uses and provisional Works as per the conditions controlled in article 67 of the  LOUS and article 184 of this Regulation.
  • If the building or the instalation is out of planning order due to being partially affected by a new line-up of a road subject to a transfer free of charge, but is not included in any area of action or planning negotiation, will be applied, if this is practical and technically possible and in the part not affected by the granting of the road, the system established in article 185 of this Regulation.  

 

The buildings or constructions carried out without license or with a revoked license, although no longer corresponds the taking of measurements of re-establishing the planning legality that involves the demolition applicable in this case (art. 129.2.b LUIB)

  • No type of works can be carried out.
  • If additionally these have be carried out after the 1st March 1987, it is also not possible to obtain the contract for the supply of electricity, gas, water, sewerage, telephone, telecommunications or anything of similar nature.

 

  • Under no circumstances can any action or works take place.
  • Aditionally if these buildings or constructions have been carried out after the 1st March 1987, it is also not possible to obtain the contract for the supply of electricity, gas, water, sewerage, telephone, telecommunications or anything of similar nature.
  • In the same land or Plot in which exist buildings or constructions out of planning order ruled in this section 3, under no circumstances will be authorized the construction of a new floor.

 

The buildings or constructions legally established in which works have been carried out of extension or reform, or change or use without holding a license or with a revoked license. (art. 129.2.c LUIB)

  • In the legal part will be allowed Works of health, security, hygiene, repair, consolidation and also reform.
  • It will be possible to authorize necessary works to comply with the rules of fire prevention and access and the technical code of the building.
  • In the illegal part it is not possible to carry out any type of work.
  • In all cases will be authorized the works of health, security, hygiene, the repairs, consolidations and also the reforms, as long as these do not affect the part of the building or construction carried out illegally.
  • Also will be authorized the works necessary to comply with the rules of fire prevention, installation of infrastructures of the building itself, installations to comply with the technical Code of the building and those of adaptation to the Rule of removal of architectural barriers. However, until the legalization is obtained in the constructions or buildings, in the illegal part no works can be carried out.
  • Under no circumstances will be authorized any works of a new floor or extension of the building or the construction legally established when, within the same land or plot, there be building works or extensions carried out without a license or with a revoked license, until such time as these be legalized or demolished.

Uses that the new planning declares incompatible and are subject to specific suspension (art. 186. 5, first section, of the Regulation)

 

 

 

  • The uses in the situation of out of planning order cannot be object to change of ownership nor renovation of licenses of use or other authorizations subject to a specific period, and should in these cases agree to its immediate suspension.
  • When the authorization of these uses is not subject to a specific period, the corresponding authorizations can be revoked, without prejudice to the corresponding indemity in accordance to the applicable laws.
  • In the remaining cases of disagreement, the pre-existing uses can be upheld and can be object to change of ownership.

 

Change of use of buildings or constructions that have been carried out without a license or, if applicable, with infrigement of the resolutions of the regulating sector rule of activities (art. 186. 5, second section, of the Regulation)

 

  • Under no circumstances can any Works or actions be carried out.
  • Additionally, in the case that these buildings or constructions have been carried out after the 1st March 1987, it will also not be possible to contract the supply of electricity, gas, water, sewerage, telephone, telecommunications or anything of similar nature.
  • In the same land or Plot in which exist buildings or constructions out of planning order ruled in this section 3, under no circumstances will be authorized the construction of a new floor.

 

 

 

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