NEWS

New planning Law in the Balearic Islands (IV): Expiry of works carried out without a license.

21May

You may possibly know that when construction of more than eight years has been carried out without a license, the infringement has expired and the administration cannot request that the owners demolish such construction. In spite of expiry this does not mean that the construction be legal because, even though eight years have passed, the Works are still considered as being illegal and out of planning order, although it was possible to declare same through public deed.

With the new Law coming into force, this is going to change completely, as according to art. 196.2, «the action to iniciate the proceeding of restoration will not expire under the following:

  1. Actions or illegal uses or not admitted, that at the moment of being carried out are on land classified as rural land.
  2. Actions or illegal uses or not admitted, that affect assets or listed areas in the council planning or declared as cultural interest or listed, parks, gardens, free zones, public infrastructures or others reserved for endowments».

In other words, the infringement for carrying out an action or a use without the compulsory authorization in the two cases previously mentioned will never expire and the competent authorities may, at any moment, open a file to restore the legality. However, on reading the legal text we reach the following conclusions:

  • Slight infringements will expire after a year; serious and very serious after eight years, even though, when we find ourselves in one of the two cases previously mentioned, actions could be started to restore the legality at any moment, whether eight, ten, twenty or a hundred years have passed.
  • What does expire are the fines, specifically after four years.

To practical effects, and this is the question that many of us ask, as the LUIB came into force on the 1st January 2018, what actions or uses of those included in the sections a. and b. come under the application of the LUIB and, therefore, do not expire?

Well, precisely all those actions that, on the 1st January 2018 have not been completed, even though they have been started prior to the entry in force of the Law. If they were completed before this date, their period of expiry is that of eight years, as they are within the application of the old Planning Law and Use of Land (LOUS).

We trust this brief article has served to deal with some of your doubts but, of course, please do not hesitate to contact our team of lawyers specialized in Planning Law in Mallorca and Ibiza, who are at your service offering the best legal advise.

 

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