IlIegal properties in Mallorca may run out of supplies.

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The “Consells Insulars de Balears” (Government of each one of the islands), will be able to order the cut of supplies in the illegal properties.

The Urban Planning Law of the Balearic Islands, (Law 12/2017) LUIB, in its article 166-b, allows the “Consells Insulars” to order the cutting off of supplies of water, gas, electricity, telephone, etc. to those constructions that comply with the requirements of article 129.2 of said law and that do not have a certificate of habitability.

 

Article 166.b Says:

In the situation outside the ordinance of article 129.2.b) of this law, in the case of buildings or constructions that have been executed after March 1, 1987: to require companies providing, distributing, commercializing or supplying to cease providing, distributing, marketing or supplying electrical energy, gas, water, sanitation, telephone, telecommunications or similar services, after ascertaining that the aforementioned building does not have the required certificate of habitability in force.

And what are the requirements of the article129.2 of the LUIB?

Article 129.2 Says:
The following shall be considered constructions, buildings, installations and uses in a situation of out of order:

a) Buildings which, in accordance with current planning, are subject to expropriation, compulsory and free transfer or demolition; in buildings or installations which are in an out-of-order situation, by virtue of this letter a), consolidation, increase in volume or modernization works may not be authorized. However, repairs that require public health, safety and hygiene of persons residing in them or occupying the aforementioned buildings shall be authorized, exceptionally and in a reasoned manner, with express waiver of their possible increase in the expropriation value.
b) Buildings or constructions executed without a licence or with an annulled licence, even though it no longer corresponds to the adoption of measures for the re-establishment of urban legality that imply the demolition applicable in each case. in buildings or installations that are in an out-of-order situation, by virtue of this letter b), no type of work may be carried out. In addition, in the event that these buildings have been built after 1 March 1987, the contracting of services for the supply of electricity, gas, water, sanitation, telephone, telecommunications or similar services cannot be obtained either. This regime will be applicable as long as the legalization of the constructions or buildings is not obtained in accordance with the legislation and planning in force.
c) Buildings or constructions implanted legally in which works have been carried out, of extension or reform, or change of use without having a licence or with a licence that has been annulled.


 Toni Marqués. Real Estate specialist

Don’t hesitate to contact me for free information.  +34 678 216 706   toni@palmalawyers.com


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