The dream of owning a home triggers feelings of happiness in many islanders of Mallorca. Not only the lack of building land and the rising land prices in the urban centers, but also the ongoing pandemic have led to increased interest in a building project in the rural area of the island. At first glance, there also appears to be sufficient land available for this purpose. But appearances are deceptive. Construction projects in rural areas are subject to strict regulations, which have recently been further tightened by the Decree-Law of 25 May 2020 of the Government of the Balearic Islands on urgent measures for the protection of the territory of the Balearic Islands, so-called "Decreto-ley 9/2020, de 25 de mayo, de medidas urgentes de protección del territorio de las Illes Balears". Where and under what conditions in rural areas of the island the dream of home ownership can still be realized, is briefly presented in the following article:
Where can I build at the moment?
The buildable areas of the island are shown in the Territorial Plan of Mallorca (PTIM) (http://www.conselldemallorca.info/sit/ptm/). A basic distinction is made between urban building land, so-called "suelo urbano", buildable areas, so-called "suelo urbanizable" and rural areas, so-called "suelo rústico". The latter includes in particular areas that require special protection, so-called "suelo rústico de especial protección".
In the course of the enactment of a new Decree-Law of May 25, 2020, of the Government of the Balearic Islands on urgent measures for the protection of the territory of the Balearic Islands, so-called "Decreto-ley 9/2020, de 25 de mayo, de medidas urgentes de protección del territorio de las Illes Balears", the nature reserves of the PTIM, in which no construction may take place, were added. This is because the purpose of the Decree Law is to establish measures for the protection and conservation of ecological, landscape and urban areas of the territory of the Balearic Islands, with the aim of containing the increasing urbanization of areas and strengthening the protection of the land. To achieve this purpose, new categories of areas to be protected and development parameters have been established.
What building code requirements must be followed when building a single-family home for residential purposes in a rural area?
In particular, the new provisions of Legislative Decree 9/2020, of May 25, 2020, of the Government of the Balearic Islands must be taken into account in the realization of a construction project in rural areas. In addition, the provisions of Law 12/2017, of December 29, 2017, on urban planning in the Balearic Islands, so-called "Ley 12/2017, de 29 de diciembre, de urbanismo de las Illes Balears" and the regulations on urban planning in the Balearic Islands must also be taken into account.
Order of the Territorial Plan of Mallorca, so-called "Normes d'ordenació del Pla territorial insular de Mallorca" to be observed.
Under the provisions of the new decree, construction is not allowed in the following protected areas designated in the PTIM:
- the natural areas of special interest with a particularly high level of protection (AANP),
- the natural areas of special interest (ANEI),
- the rural areas of special interest for forest landscape (ARIP-B),
- the territorial protected areas (APT),
- the Transitional Growth Areas (AT-C),
- the risk prevention areas (SRP-APR).
The new building regulations must also be observed. What is new is that the maximum volume of the building to be erected may not exceed 900m³. The maximum buildable area may not exceed 1% of the total area if it is an area of landscape interest (SPR-ARIP) that is also part of the "Natura 2000 network" protected area. If ancillary facilities are also built next to the house, which typically includes terraces, sheds, garages or pools, no more than 1.5% of the total area may be used. In other categories, an area of 1.5% of the total area may be built on, including the aforementioned ancillary facilities, no more than 2% of the total area may be built on. With regard to the construction of a pool, the decree also sets new requirements: in future, only one swimming pool with a maximum surface area of 35 m² and a maximum volume of 60 m³ may be built on a Plot .
Furthermore, the construction of a new building must be done with environmentally friendly materials, light pollution should be prevented and the enclosure of the property should be done with traditional, island surfaces and materials and native planting.
Do I need a building permit? And where do I apply for it?
The construction of a building must be applied for at the responsible municipality prior to construction. Only with the building permit can construction begin. The procedure for applying for a building permit is divided into a preliminary building application, "projecto basico", the granting of the
Building permit, "licencia de obras" and the execution project "projecto de ejecucion". Several months can pass from the preliminary building application to the execution of the building project, so that sufficient time must be planned.
How can I turn my building project into reality?
The implementation of the construction project can be done in different ways. The client can either implement his building project with the help of a general contractor, an architect or a developer.
1. construction with a general contractor
The client has already purchased the Plot himself. The general contractor takes over the planning of the building project and supervises the entire construction work. This is usually based on a so-called general plan, which is adapted according to the client's wishes. The contract between the client and the general contractor contains a construction and service description, which is worked through in various stages. This is implemented by the general contractor at a fixed price.
2. building with an architect
In this model, too, the client has already purchased the Plot . In contrast to construction with a general contractor, the building to be erected is planned entirely according to the client's wishes. The architect implements the client's wishes and supervises the construction until completion.
3. construction with a developer
Unlike the other models, the developer has not yet acquired a Plot . Rather, a property developer is characterized by the fact that he Sold the Plot and the property to a buyer. The developer has already drawn up a rough plan of the building to be erected on a specific Plot , and the buyer can only make minor changes according to their wishes. As soon as the buyer's wishes have been incorporated into the construction project, the purchase price is agreed between the parties.
4. procedure
The implementation of the building project is preceded by a property analysis and space requirements planning. The building permit is then issued by the municipality and, as a rule, the construction companies are then commissioned. The completed building is then accepted by the municipality and the builder or buyer is entered in the land register.
I have already purchased a developed Plot in a rural area. Can I change the existing development?
Priority consultation is required here. It must first be determined whether the building was previously used for residential purposes. If this cannot be determined from the land register, the responsible municipality must examine the building. If the municipality comes to the conclusion that the building was used for residential purposes, conversion should be possible. However, if the municipality comes to a different conclusion, conversion will not be possible. The new legislation provides that
once illegally erected buildings will continue to be considered illegally erected in the future and there will no longer be a statute of limitations for this condition.
Porta & Associates - Your real estate lawyers in Mallorca.
As German-speaking lawyers in German-Spanish real estate law, we are happy to support you in the purchase and sale of your property in Spain. We accompany you from the preparation of the purchase to the signing of the contract in front of a notary and the follow-up of the purchase. Gladly in close cooperation with your real estate agent on Mallorca. We apply for your license for vacation rentals, advise you on current tenancy law and provide legal support for owner associations.
Trust lawyers who speak your language and can advise you on both German and Spanish law. We are on site so that you can really enjoy your property in Mallorca.
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