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Release of the planning conditions to build on rural land

09Jun

Derecho Inmobiliario y cuestiones Fiscales

The Law 6/1997, of Rural Land in the Balearic Islands, under its Heading IV, regulates the building conditions of the buildings and installations. However, in its article 21.3, is foreseen the possibility of total or parcial release of these conditions, when there are works with special characteristics.

In accordance with this article, recently has been published the Decree 17/2017, dated 21st April in which is specified the general principles of release in the planning conditions of the agrarian buildings and installations and complements in agrarian development in the area of the Balearic Islands.

In its «Introduction», this decree indicates that «for the development of agrarian activity and complementary it may be necessary to construct installations, constructions and buildings that, due to their type, do not adjust to the general planning conditions» and for this reason appears this decree, with the object to, according to its article 1 and «only for agrarian use, stipulate the general principles of release of the planning conditions of the agrarian buildings and installations and complements, and establish a basic legal frame applicable to the autonmous region of the Balearic Islands». And we say only «general principles», because it leaves open a space so that each Island Council may regulate their own area.

Take note that the decree will only be applicable to the agrarian buildings and installations and complements, not rural tourism, that are registered in the Agrarian Island Registry.

Which conditions are liable for release? (Art. 3)

  1. On one side, the conditions of construction and installation: surface for construction, occupation, height, volumen and character, cosmetic and building.

    However, the type and cosmetic characteristics cannot be released when we find ourselves before a high level protection area (AANP), natural areas of special interest (ANEI), rural areas of scenic interest (ARIP) or in the areas of territorial protection (APT).

  1. On the other hand, the conditions of the position and implementation: location in the plot and set backs. Although the set back cannot be released if it involves the line up with a road or public pathway. If it borders with a private property the written agreement of the neighbouring property will be necessary.

Which is the proceedure? (Art. 4 and foll.)

The applicant should present a request together with an agronomy report that explains and values:

  1. The necessity of the total or partial release wished

  2. That there is no other feasible technical or economical alternative

  3. That it implicates an improvement in the agrarian activity and is not detrimental to the nearby or surrounding plots.

  4. That the appropriate protecting, correction or compensatory measures are stipulated.

The Public Administration should issue a report. At present this report corresponds to the general director of Agriculture and Livestock, and should be based on a prior technical report drawn up by a technical board formed by himself and four other board members. Finally the release should be informed by telematic means that the Administration have in their hands

This decree is in force since the 22nd April 2017, so, if you are the owner of a rural land and wish to construct in same buildings or installations for agrarian use, please do not hesitate in contacting us and we will study the best possible manner to allow you to build on your Plot 100% legally.

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