Recent Legislative Change

The recent enactment of the Decreto Ley de Simplificación y Racionalización Administrativas by the Consell de Govern de les Illes Balears has led to an important change in urban planning legislation. This legislation introduces a temporary measure of amnesty that allows for the legalisation of certain constructions that are currently subject to a breach of the norms of urban planning and are not legal.

Legal Implications and Economic Impact

The amnesty has certain legal implications that are important for property developers, local citizens, and legal practitioners. It is important to discuss the financial implications of the amnesty, which pertain to the costs of the amnesty and the potential economic benefits that can accrue to the stakeholders concerned.

Limitations and Exclusions

Although the amnesty allows scope for legalisation, it also has certain limitations and exclusions. It is thus relevant to be conversant with the limitations and the cases that do not fall under this extraordinary measure.

Procedure and Requirements for Legalisation

It is important to have a comprehensive understanding of the procedure and requirements for the legalisation of non-conforming constructions under the amnesty. This includes:

• Relevant documentation
• Environmental requirements
• Financial commitments that pertain to the process of certification and legalisation

Conclusion and Call-to-Action

In conclusion, the amnesty that is provided by the Balearic Islands on urban planning is a significant event in the regulatory landscape. It is thus possible to seek the best advice and guidance in this regard so that individual requirements are taken into account.

For further information and legal assistance that is tailor-made to individual requirements, it is possible to contact legal practitioners who will provide comprehensive legal as well as technical advice in conjunction with a team of architects that is best prepared to provide assistance in this regard.

Detailed Overview of the Decree Law on Administrative Simplification and Rationalisation

On Friday, 24 May, the Balearic Islands Council of Government approved the Decree Law on Administrative Simplification and Rationalisation, which innovates on a total or partial modification of fifty laws and decree laws, which involves more than one hundred and seventy modifications in a range of articles.

Purpose and Objectives

The general objective is that excessive bureaucracy does not constitute an obstacle for citizens and to have streamlined, effective, and efficient administration.

Main Novelties: Transitional Regulation for Legalisation

The main attraction of this Decree Law is the adoption of the long-awaited, and sometimes controversial, transitional regulation that foresees the legalisation of certain edified bodies that are out of urban planning regulations.

The present Decree-Law establishes legalisation on an exceptional basis for a maximum period of three years from the date of its approval of buildings, constructions, installations, and uses that, on the date of entry into force of this Decree-Law, are in a situation of ‘out of order,’ and cannot be subjected to processes for the restoration of urban planning legality or penalties.

Specific Provisions and Requirements

Eligibility:

• This amnesty is applicable only to buildings, constructions, uses, and installations against whom the administration can no longer act at the level of initiation of planning infringement or sanctioning proceedings owing to being time-barred.
• The measure comprises a prohibition on the use of the 'legalised' building/construction for tourist accommodation commercialisation.
• Buildings, constructions, and installations built (completed) at least eight years prior to the Decree-Law's entry into force are eligible.

Financial Considerations:

• Legalisation will not be free for the promoters; payment of financial compensation to the administration is required and environmental measures must be taken on. The contributors must also pay the rates and taxes as the new buildings.
• A ‘financial benefit’ must be paid to the Town Hall: 10% of the value of the legalised part during the first year, 12.5% during the second year, and 15% during the third year. There is a discount of 50% of the previous amount for applicants whose taxable income, during the last four fiscal years, is not greater than the corresponding thresholds (33,000 euros in individual taxation or 52,800 euros in joint taxation).

Environmental and Technical Requirements:

• A technical project must be presented, directed and signed by an architect, that focuses on the aspect of environmental quality. Light pollution must be reduced and energy or water efficiency increased, using appropriate materials and techniques, renewable energy generation, water tanks, or systems that reduce the consumption of the network.
• Appropriate water purification systems must be installed according to the Hydrological Plan of the Balearic Islands.

Exclusions

The extraordinary urban planning amnesty procedure regulated in this additional provision will not apply to:

• Buildings, constructions, or installations that are subject to expropriation, compulsory and free transfer, or demolition.
• Structures that are located in the public domain, in road protection zones, or in the easements established in the coastal legislation.
• Installations that cannot perform the function without using public property, or those that are in the public domain, in road protection zones, or in the easements established in the coastal legislation.
• Buildings where activities that are subject to prior declaration of general interest are required in execution of Law 6/1997 on rural land, unless they have already been declared of general interest in accordance with the procedure established in Article 26 of the indicated law.
• The extraordinary legalisation license shall expressly specify the prohibition of its use for the purposes of commercialisation of tourist accommodation.

Consult Legal Professionals

If you want access to this amnesty of urban planning, you may consult the technical assistance provided by legal professionals who have a team of architects working to provide assistance to you.

Contact us for more information