The Land Law will speed up the legalisation process of buildings situated on rural land.

Property Law and Tax Issues 24 September, 2013 No Comments

The Land Law will speed up the legalisation process of buildings situated on rural land.

 

On the 13th September the Balearic Government adopted the  draft of the Land Law (Ley de Ordenación y Uso del Suelo, LOUS) aimed at establishing a legal system  for the regulation of land use, development plans and interventions in urban areas, construction work and also for a penalty system.

The LOUS substitutes a dozen norms and integrates more recent regulations, such asthe state Law  8/2013 for urban rehabilitation, regeneration and renewal, or Law 2/2012 containing urgent measures towards urban sustainable development.

The fundamental value of this new Law lies in the simplification and rationalisation of urban planning, as well as in the speeding up of procedures  for certain projects. Given that the Law for Urbanistic Discipline preserves constructions built on rural land from demolition after 8 years existence, it will be the LOUS  aim to enable the legalisation of certain constructions, including those erected in areas of special natural interest (ANEI) before the adoption of the Law on Natural Areas  from 1991, thus acting more consistently against illegal actions.

According to the information contained in the Territorial Plan, alone in Mallorca 30.000 homes could stand outside the governing regulations.

The owners of these homes and rural constructions will be given a period of three years to regularise their situation, by achieving the completion of mandatory procedures . Once all due municipal taxes and permits, as well as a penalty of 15% of the building’s value within the first year (20% in the second, and 25% in the third) have been paid, building work for the improvement of the building will be carried out in order to obtain Habitation Certificate (Cédula de Habitabilidad).

The figure of the express permit will be introduced for minor construction work permits, which will only require a simple communication or sworn statement to the Town Hall prior to the start of the works.

The  LOUS strengthens the penalty system with fines from 40% to 80% of the value corresponding to irregular parcellation and between 150% and 230% of the value of illegal constructions on rural land.

Also, liability for infringements commited is extended to those intervening in the works, be they developer, architect, architectural technician, public servants, politicians…

A transfer of competences to the Consells will take place, enabling them to stop illegal construction on rural land instantly.  Towns exceding 10.000 inhabitants, among them Palma, Calvià, Inca, Manacor, Llucmajor, Marratxí, Alcúdia or Sóller, will be able to grant final approval to special and partial plans, such as non-structural modifications of general plans by means of a non-binding consultation and report  to the Consell.

The Balearic Government expects that the Parliament will pass this Law at the beginning of 2014.

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