Illegal constructions in Mallorca » Property Solicitor in Mallorca.

6.-EVERYTHING BUILT IN MALLORCA BEFORE 1956, IS LEGAL

tm — Wed, 04 Mar 2020 20:33:29 +0000

That’s not true.
What happens is that everything built on rustic land before 1956 is legal even if it is in a protected area (where the use of housing is not allowed) or the minimum plot to build is not met.
However, uses cannot be changed even if the volume is legal. A stable or storage room, even if built before 1956, is a stable or storage and cannot be transformed into a dwelling. If this is done without authorisation, the use is not permitted.

Go to 7.-ANY HOUSE BUILT ON A RUSTIC PLOT OF LESS THAN 14,000 SQUARE METERS IS ILLEGAL.>>>>>>>

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3.-THE PROPERTY HAS A CERTIFICATE OF NON-EXISTENCE OF AN URBANISTIC INFRINGEMENT FILE. SO, IT’S LEGAL ¡¡¡

tm — Wed, 04 Mar 2020 20:27:04 +0000

FALSE. This certificate is issued by the Town Hall. What they do is look at the computer and certify that there are no proceedings open against that property. But it should NOT be confused with the certificate of non-existence of infringement. This second certificate is issued when the municipal technician visits the house, compares what has been built with the licenses granted and certifies that everything is legal.
Because it is confusing (and has been used to mislead more than one buyer) some municipalities have stopped issuing it and only provide a certificate of current status. This means that they will see the property and certify what is there.

Go to n.4.-IF THE CONSTRUCTIONS ARE RECORDED IN THE PROPERTY REGISTER, ARE LEGAL>>>>

The post 3.-THE PROPERTY HAS A CERTIFICATE OF NON-EXISTENCE OF AN URBANISTIC INFRINGEMENT FILE. SO, IT’S LEGAL ¡¡¡ appeared first on Toni Marqués. Real Estate Solicitor. Mallorca.

Confusions for sale in Mallorca.

tm — Wed, 04 Mar 2020 20:21:10 +0000

Buy your dream house but avoid buying problems (or confusions). This process can be complicated if you don’t know the rules. Keep in mind in Mallorca’s island regulations have changed over the years.
Find hera a list of confusions. They may look true but they don’t.

1.-IF THE PROPETY HAS HABITABILITY CERTIFICATE, MEANS IT’S LEGAL.

This is FALSE.

Habitability Certificate (Cédula de Habitabilidad) certifies the building it’s able to live in.

The confusion arises because when you build a house, unless you get the conformity of Town Hall saying it’s 100% legal you will never get the Habitability Certificate.

How can a house with a certificate of occupancy be illegal?

Because it has been made illegal after obtaining it. Imagine a house that obtained the certificate and after obtaining it, an illegal extension was made, a swimming pool, porch or room was built without a license or a floor was raised.
It has a certificate of occupancy but it is not legal.
Because it was built before March 1987.
Until then, the certificate was not mandatory. Today, a house that is 100% illegal, if it does not have an infraction record and was built before 1987, can obtain a cédula and will continue to be illegal.

The cédula does NOT certify legality.
Moreover, the cédula is issued by the Consell de Mallorca and the town-planning licences are issued by the Town Halls

.-Go to N. 2 ILLEGALITIES ARE ONLY A PROBLEM ON RUSTIC LAND. >>>>

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7. ANY HOUSE BUILT ON A RUSTIC PLOT OF LESS THAN 14,000 SQUARE METERS IS ILLEGAL

tm — Wed, 04 Mar 2020 20:13:28 +0000

This is not true either: 14,000 metres is the minimum plot but there have been transitional rules which at certain times allowed licences to be issued.

Also could be license was granted before the law setting 14.000 square meters was set.
On the other hand, for some years a law called the amnesty, allowed to legalize all those constructions built without license that did not have open files of infraction. Therefore, a house built on a plot of land of less than 14,000 meters could have been legalized during this period.

Apart from what has been explained. Any construction on a rustic plot of less than 14,000 square meters is suspected of being illegal and only by checking the licenses can one know.

The post 7. ANY HOUSE BUILT ON A RUSTIC PLOT OF LESS THAN 14,000 SQUARE METERS IS ILLEGAL appeared first on Toni Marqués. Real Estate Solicitor. Mallorca.

PRESCRIPTION IS THE SAME AS LEGALITY.

tm — Wed, 04 Mar 2020 20:12:54 +0000

Go to n.7 ANY HOUSE BUILT ON A RUSTIC PLOT OF LESS THAN 14,000 SQUARE METERS IS ILLEGAL >>>>

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5.- PRESCRIPTION IS THE SAME AS LEGALITY.

tm — Wed, 04 Mar 2020 20:11:54 +0000

This is my favorite and it’s related to the last one. The prescription.
The administration loses the right to order restitution to the current state (demolition if not legalizable) after a few years.
But this does not mean that the construction has been legalized by the passage of time.
It is illegal but the administration cannot order demolition. Perfect, isn’t it? No, it’s not. You will never ever get a license to reform something illegal. So it will either fall down or have to be repaired or renovated without a license. At that point the prescription period starts counting again.
Since 2018, illegal constructions on rural land are no longer subject to the statute of limitations. Never.

Go to n.6.-EVERYTHING BUILT BEFORE 1956, IS LEGAL >>>>>

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2. ILLEGALITIES ARE ONLY A PROBLEM ON RUSTIC LAND (False)

tm — Wed, 04 Mar 2020 20:09:22 +0000

FALSE. It is true that the biggest problems are on rural land, but there are also illegalities in the urban area.
A sloping tile roof converted without a licence into a plain terrace (which happens frequently) will impede getting a reform licence.
A gallery or closed porch to extend the kitchen is also an illegality.

Go to n.3. THE PROPERTY HAS A CERTIFICATE OF NON-EXISTENCE OF AN URBANISTIC INFRINGEMENT FILE. SO, IT’S LEGAL ¡¡¡>>>>>

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10 Essential things to check before buying a property in Mallorca.

tm — Wed, 18 Sep 2019 12:36:14 +0000

The biggest mistake you can make when buying a property in Mallorca is to believe that you don’t have to check it before.
A property can be advertised with a very nice sign, advertised on hundreds of websites and that does not expose the buyer to having to check that everything is correct.

1.- Be sure the property it’s legal.

To buy a property in Mallorca (as in the rest of Spain), it is not necessary to prove its legality. A totally or partially illegal property can be sold before a Public Notary and be registered in the name of the new owner. In order to avoid buying illegal property, it is essential to make sure that all the parts were built with a building license. If this is not the case, buyer has to know it, understand the consequences and therefore accept it.

If there is an infringement file on a property, no new licences can be applied for, neither to extend nor to reform it.

In addition, a file may have resulted in an order of restitution to the state prior to the infringement, i.e. the demolition of part of the construction. every month Consell de Mallorca orders new demolitions.

Don’t let anyone confuse you. In urban areas, but especially on rustic land, illegalities have become the biggest problem for buyers.
Every month DEMOLITIONS of illegal constructions are ordered.

2.-The seller is the owner and can also dispose of the property.

When buying a property in Mallorca any notary would allow a non-owner to transfer the property, but it is necessary to avoid wasting time negotiating or making an offer to a person who is not allowed to dispose of it. I am not only referring to a fraud, sometimes the seller does not have the title to the property, for example because he/ she has not accepted the inheritance by which he acquired it or this inheritance has not been registered in the property register. So, before buying a property in Mallorca, check the Land registry in order to be sure you are negotiating with the right person.

3.-Before buying in Mallorca don’t forget to check that there are no third party rights.

The fact that the seller is the owner of the property you are buying in Mallorca does not mean that there is no third party with a right over the property. The most common example would be a usufruct or a preferential right of acquisition but there are others such as the right of habitation, use, passage etc …

4.- The property is free of charges.

It is not unusual for an urban or rustic property to be encumbered with mortgages, embargoes, rights of way or other similar charges. Some can be liquidated before the sale, others are inherent to the property and will remain after the transfer. In this case, before making an offer it is imperative to ensure that the charges will not be a problem in the future.

5.- Tax Debts also has to be checked before buying in Mallorca.

The new owner may be forced to assume debts left by the seller in relation to the property. This is why it is essential to make sure that there are no outstanding debts and that the settlements that have been made have been done correctly.

6.- Certificate of Habitability.

This is the document that proves that the property meets the necessary conditions to be able to live in it. If it has expired, the seller must be asked to renew it and if he does not have it, he must obtain it.

8.- CIE

This is the Certificate of Electrical Installations. If the property does not have it updated, it may mean that when you want to change the supply to your name, the electric company does not allow you to do so.

9.- Know your neighbours.

If the property you are buying is in a shared building, it is important to find out who your neighbours are. It is often the case that in a community there are one or two defaulters, but if the number of defaulters is high it can harm the functioning of the community. On the other hand, it is also important to know with whom you are going to live.

10.- If your plan is to develop the property you buying in Mallorca, don’t forget to check before that it is possible to do so.

If you are planning to make improvements, reforms or extensions, it is advisable before buying to make sure that it is possible to make them.

It is common for someone to dream of buying a house, reforming it, extending it and for example adding a swimming pool. Sometimes they go ahead without check if this is possible before buying in Mallorca. When they discover enlarge the property it’s not possible, it’s latter.

The post 10 Essential things to check before buying a property in Mallorca. appeared first on Toni Marqués. Real Estate Solicitor. Mallorca.

The pursuit of urban illegality in Mallorca does not stop.

tm — Fri, 03 May 2019 15:21:48 +0000

The Consell de Mallorca continues to pursue infringements through the Agencia de Defensa del Territorio.
From February 2019 this agency admits anonymous complaints which has led to a significant increase in the infractions detected.
Many of these properties in which the infringements have been carried out are for sale.
This is why it is essential that before buying a property the legality is checked through a lawyer completely unrelated to the seller and the real estate agent who works for the seller.
As can be read in this article, in the first four months of the year alone 46 new infringements have been detected in Mallorca which will possibly result in a return order of legality (demolition).

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Demolition of illegal properties keeps going on in Mallorca. Consequences of illegal building woks in Mallorca

tm — Sun, 02 Dec 2018 07:25:12 +0000

Illegalities in Mallorca’s buildings are being persecuted.

While sellers, middlemen and advisors recommended by them try to hide it, demolition orders and fines are growing at an alarmingly high rate.

Total or partial illegalities in Mallorca’s buildings are being persecuted by the Defense of Territory Agency (Agencia de Defensa del Territori) of Consell de Mallorca (Insular government of Mallorca).

Those are the last numbers:

From January to October 2018 Consell de Mallorca did order 78 new demolitions of illegal constructions. In all 2017 demolition orders where 16.
Consell de Mallorca has another 153 demolition orders pending notification to owners.
Consell de Mallorca also has 793 files for infringement pending to be iniciated.
Defense of Territory Agency (Agencia de Defensa del Territori) of Consell de Mallorca is willing to contract an additional 24 technicians to increase its inspection capacity
Due to the high amount of fines for not demolishing illegal works, 90% of the owners choose to carry out the demolition themselves.

Read it in local news

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