The extraordinary legalization of existing buildings, constructions, installations, and uses on rural land OF THE BALEARIC ISLANDS, as established by Decree Law 3/2024, of May 24.
- Beau Corneillie
- Apr 1
- 2 min read
In this article, we highlight the most relevant aspects of extraordinary legalization on rural land:
1. Deadline and scope of application:
There is a maximum period of three years, from the entry into force of this regulation, to request extraordinary legalization.
The regulation applies to existing buildings, constructions, installations, and uses on rural land for which measures to restore urban legality are no longer applicable.
They can be legalized with all rights and duties inherent to works carried out with a license.
2. Requirements and conditions:
General urban planning conditions and parameters applicable to buildings on rural land do not apply.
For land included within the scope of Law 1/1991 (natural spaces and areas of special protection), completion of the building must be proven prior to March 10, 1991.
3. Procedure:
It is initiated at the request of the interested party before the corresponding town hall.
Requires a technical legalization project adapted to the particularities derived from this regulation.
4. Costs and economic benefits:
Subject to fees and taxes established for new buildings.
Additional economic payment depending on the time of application:
10% of material execution cost if requested in the first year
12.5% if requested in the second year
15% if requested in the third year
5. Exclusions (not applicable to):
Buildings subject to expropriation, mandatory transfer, or demolition
Constructions on public domain, road protection zones, or coastal easements
Buildings requiring the acquisition of places, quotas, or other limited public rights
Buildings for activities subject to declaration of general interest according to Law 6/1997
6. Procedural aspects:
Maximum resolution period: 6 months
Negative administrative silence
Only sectoral reports or authorizations required by state or European regulations are needed
The report under Article 36.2 of Law 6/1997 on Rural Land of the Balearic Islands is not required
7. Use restrictions:
Express prohibition on using legalized homes for the commercialization of tourist stays
This licensing condition must be registered in the Property Registry within three months
8. Entry into force of the Decree Law:
The procedure is activated when the corresponding island council adopts the plenary agreement for implementation
The three-year period begins from the publication of the agreement in the Official Bulletin of the Balearic Islands, that is, from May 28, 2024.