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

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

The post 5.- PRESCRIPTION IS THE SAME AS LEGALITY. appeared first on Toni Marqués. Real Estate Solicitor. Mallorca.

I would like to remind you that it is ESSENTIAL before buying a property in Mallorca that an independent advisor, not related to the seller, checks the state of the constructions.

Below is the translation of the article published in the local newspaper Ultima Hora.

The Consell de Mallorca orders the demolition of 10 illegal constructions on rustic land.

The board of directors of the Agència de Defensa del Territori (ADT), a body dependent on the department of Territory of the Consell de Mallorca, has unanimously approved to issue 10 new demolition orders that include two new houses, as well as four swimming pools.

Most of these works had been carried out in an irregular way on rustic land. Likewise, the ADT has also agreed to impose two sanctions for similar acts in Inca and Felanitx. The buildings to be demolished are located in Felanitx, Inca, Algaida, Andratx, Llubí, Alaró, Artà, Santa Eugènia and two of them in the municipality of Pollença.

A 165-metre, two-storey house in ANEI

Of the demolitions dictated, the most striking will be the one he will execute in Andratx. It is a 165-metre dwelling on two floors and built in a Natural Area of Special Interest (ANEI).

The post Demolitions of illegalities in Mallorca continue appeared first on Toni Marqués. Real Estate Solicitor. Mallorca.

In the worst escenario authorities may ask you to knock it down.

As you may reed in local news, last year, 97 illegal works detected on rustic land were demolished. So far in 2019, 95 have already been carried out, so the forecasts are that they will exceed those of last year.

Find here the tanslation of the article published in Diario de Mallorca on 27.11.2019

The Consell executed 97 demolitions of illegal works in Mallorca in 2018
90% of the constructions have been demolished by the infringing owners to avoid 80% of the sanction.

The Consell de Mallorca has presented today the memory of the Agency of Defense of the Territory of 2018, where it emphasizes that last year 97 illegal works were demolished detected in rustic ground. So far in 2019 have already executed 95, so the forecasts are to exceed those of last year.

The Territory Councillor, Maria Antònia Garcias, and the director of the Agency, Bartomeu Tugores, explained that the purpose “is not a desire to collect, the goal is to restore legality. For this reason, 90% of the demolitions carried out have been carried out by the offending owners, as this saves between 80% and 90% of the penalties.

In 2018 a total of 91 demolition orders were delayed, many of them still in the process of processing, which is a significant increase over 2017, where 72 illegal works were issued and resolved in the rustic land of Mallorca.

Last year, 5.5 million euros were collected in fines. We must highlight the sanction to a mansion of Marratxí that approached the million euros.

The increase in complaints about illegal works also experienced a significant increase last year, from 100 in 2017 to 218 last year. This is due to the participation in the urban discipline of agencies such as the Environment Agents, the Seprona of the Guardia Civil and the increase in inspectors by the Consell. In fact, Tugores y Garcias announced new contracts for the Defense Agency of the Territory.

Algaida, with 36 demolitions of illegal works is the most offending town in Mallorca. It is followed by Marratxí with 17 and Montuïri and Felanitx with 10.

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The post The pursuit of urban illegality in Mallorca does not stop. appeared first on Toni Marqués. Real Estate Solicitor. Mallorca.

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:

1. From January to October 2018 Consell de Mallorca  did order 78 new demolitions of illegal constructions. In all 2017 demolition orders where 16.
2. Consell de Mallorca has another 153 demolition orders pending notification to owners.
3. Consell de Mallorca also has 793 files for infringement pending to be iniciated.
4. 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
5. 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

The post Demolition of illegal properties keeps going on in Mallorca. Consequences of illegal building woks in Mallorca appeared first on Toni Marqués. Real Estate Solicitor. Mallorca.

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.

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The Defense Agency for the territory of Mallorca continues to order demolitions.
It targets urban planning offences that almost always occur on rustic land.
The Agency has a facebook page where it violates the ordered demolitions. They also do it on twitter.

Before you buy a propety in Mallorca, be sure it’s legal

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That’s why before to proceed with your deal it’s ESSENTIAL to get INDEPENDENT** advice regarding the real estates of the property you are willing to buy.  

**Independent means someone who is not linked to the vendor and does not get any commission for the sale.

The persecution of illegal urbanism in Mallorca is growing and demolitions are increasing at a dizzying rate. 346 in three and a half years. (Updated August 2020)

The ADT Agency for the Defense of the Territory dependent of the Consell de Mallorca keeps on increasing every semester the demolition orders while the sellers try to hide the danger that this means to the potential buyers.
During the first semester of 2020 have been ordered 44 demolitions.
Go to the news >>>>

Now anyone can report an irregular property in Mallorca, so anonymous complaints in Mallorca now are admitted (May 2019)

Until recently it was necessary to identify oneself in order to denounce. From February 2019 anyone can file a complaint without identifying themselves. Read more >>>

Demolitions because illegal urbanism in Mallorca grow by 800%. (September 2018)

(Read it in local news>>>) 

(…) “The Consell (Gov. of Mallorca), through the Agència de Defensa del Territori, has launched the hunt for offenders in a determined way and without concessions. And it has gone all the way. So far in the legislature 168 demolition executions have already been carried out, something never seen before on the island.

In the previous legislature there were 19. This is an exponential growth approaching 800 percent. Of these 168 demolitions, all but one have been carried out by the owners, since in 2016 the figure of coercive fines has been set in motion. A maximum of twelve can be imposed on the owner if he does not knock himself down, which is what almost everyone has ended up doing.”

A few years ago, when a purchaser asked about the legal status of a property before buying it, the answer was always the same “Don’t worry. Mallorca has plenty of properties with illegal parts, but nobody cares”.
And maybe that WAS true in the past, but NOT ANY MORE.

.-The Consell de Mallorca (Mallorca’s regional government) is taking this matter very seriously. It’s making a big effort to track down illegal properties and then act accordingly. In fact, this legislation has doubled the staff at the Agency responsible for combating illegal construction on the island.

Demolition announced in twitter

.- Only at the session of February 24th 2017 did the Territory Defence Agency of Mallorca (“Agencia de defensa del territorio de Mallorca”) order the demolition of seven constructions built without a license.
They also regularly announce on Twitter and facebook any buildings or parts of buildings that were knocked down on their orders.

.-In the first 6 months of 2016 the number of files on violations of construction plans grew by 250 % if you compare them with the whole of 2015

So. Buy or not? 

Buy, of course. Be sure to hire a specialized lawyer to avoid buying illegal property.

F.A.Q.

-Am I responsible for any illegal building in Mallorca done by a former owner?

If you buy a property and any part of it is illegal, the penalty will be incurred by the one who carried out the building works without a license. So the penalty will be incurred by the former owner, not you.
But if the right of the administration to order the demolition has not expired, or if the proeperty is in a protected area where the right of order the demolition will never expire then YOU MAY have to knock it down/demolish it and also pay for the costs.
But also, if the right of the administration to order the demolition has expired, then if in the future you ask for any building permits for your property, the administration may ask you to demolish any illegal parts as a previous condition of your being granted a permit. Although the administration may not be able to ask you to knock down the illegal parts of your property, but you will never be able to make any improvements or carry out any building works on it.

-The vendor told me 100% of the property had been registered with the Property Registry. I read the entry and the description matches reality.

Be careful. Just because your property is registered with the Property Registry and with the Cadaster does not mean that it is 100% legal. Only by checking the original building license at the Town Hall and aerial pictures (of very old properties) is it possible to be sure about the legality of a property.

-The vendor gave me a Town Hall certificate stating that there are NO FILES CONCERNING INFRINGEMENTS OF URBAN PLANNING. So, is my property 100% legal?

NO. When the owner asks for this certificate, the Town Hall simply checks whether there are any files in their computer records referring to that property. This means they never notice any illegalities, although of course there may be some. Also, if they discover any illegalities in the future they will open a file.
That is why it is strongly recommended not to buy any property without hiring an expert Real Estate Solicitor.

-Infractions are only in rural areas?

NO. Infractions are also found in urban areas.

So, before you buy a property, make sure it’s 100% legal.

The post WARNING. War to illegal urbanism in Mallorca based on fines and demolitions. appeared first on Toni Marqués. Real Estate Solicitor. Mallorca.

UPDATE: From January 2018 onwards, any illegal work done on rustic land will never expire. This means that it will be exposed forever to a possible order of demolition of the works made without authorization.

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Be on the safe side. Before buying a property, be sure it’s 100% legal.

Read it in local newspaper

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Am I responsible for any illegal building done by a former owner? Buying property in Mallorca

Why hire a lawyer when buying a property in Mallorca ?

Be on the safe side. Don’t hesitate to contact me for free information.
Toni Marqués. Real Estate Solicitor in Mallorca.
toni@palmalawyers.com….WhatsApp: (+34)678216706

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