Example 1 of Provisional Risks Report o buying a Property in Mallorca.

<< Back to Free Online Consultancy page

1.-In this case the applicant has visit a property in a rural area of Mallorca. As it usually happens, the seller assures that everything is legal. The real estate agent is a salesperson hired by the seller and only has the information that the seller has provided.

Risk level: 8/10. Risk its HIGH as the property it’s located on High protected area, was enlarged after 1956, the plot is less than 14.000 square meters. That means every license has to be checked in Town Hall to be 100% sure permits where granted. In case was not, administration will never lose the order to demolish any part build after 1991.

Facts to be considered.

.- The Territorial Plan of Mallorca indicates that the property is located in an ANEI zone (Natural Area of Special Interest). This is a high protected area and according the Natural Areas Law (LEN) not dwellings may be build in that area. In general only those builded with or without license before 1956 or those that got a license before 1991, may be legal.

The fact that the property is located in a protected area does NOT imply that it is illegal. However, it is a risk factor that requires a detailed review of the licenses granted and the age of the property.

According to the Cadaster, the property has 98 square meters of dwelling and 58 of agricultural storage room.

Property Registry simple certificate says exactly the same; 98 square meters of dwelling and 58 square meters of agricultural storage room.

Cadaster also indicates the property was build in 1960. The aerial picture of 1956 shows it was some construction there, (right top corner) but does not fit with the actual. That means the original house has been enlarge. So the original house was there in 1956, but in some moment the house was enlarge up to the actual estatus.

2003 aerial picture.

Cadaster also indicates the property was build in 1960. The aerial picture of 1956 shows it was some construction there, (right top corner) but does not fit with the actual. That means the original house has been enlarge. So the original house was there in 1956, but in some moment the house was enlarge up to the actual estatus.

The only way to know it it’s checking all the licenses and files in Town Hall and comparing them with the reality.

Other details that catch my eye.
Cadastre and registration match. This is not usual in old constructions. I suspect that the house could have been registered in the land registry using the cadastre.
The cadastre and registry say that there are 58 meters of agricultural storage and nevertheless today all the construction is a dwelling.

<< Back to Free Online Consultancy page