Only six people will be allowed indoors and outdoors on Christmas Day and the curfew, i.e. the ban on driving in the streets, is maintained at 22:00.

From this Thursday 17 December it is forbidden to use the interior of the bars and restaurants and therefore customers must be outside, on the terraces that will close at 22:00.

Capacity is reduced to 50% in the theatres and 30% in department stores and gyms and 25% for churches.

The post Only six people for Christmas Day in Mallorca. appeared first on Toni Marqués. Real Estate Solicitor. Mallorca.

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.

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.

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1.-In this case the applicant has not yet chosen which property to buy. He/she only knows his/her maximum budget and wants to calculate the final price.

BUDGET: 340.000 euros . TYPE OF PROPERTY: Second hand.

TOTAL SUM OF TAXES AND COSTS FOR YOUR PURCHASE WILL BE MAXIMUM 32.214 euros.

Find here the breakdown.

• TRANSMISSION TAX: As is a second hand property tax to be paid its ITP. The quota for this amount will be 27.200 euros payable during the 30 days following the signature of the purchase.
• NOTARY: The notary’s fees depend on the purchase price and the number of pages of the protocol. This is why they are variable. Approximately 700 euros.
• PROPERTY REGISTRY: To inscribe the property on the Property Registry tax has to be paid. This may variante depending of the property and charges but will be a máximum of 300 euros.
• LAWYER FEES: As you must know because the complexity of the buying and tax payment process, and because its not uncommon illegal or partially illegal properties are on the market, it is highly recommended that you hire a lawyer who will give you advice completely independent of the seller or anyone else who may benefit from your purchase. Chambers of lawyers of Balearic Island recommend charging between 1 and 1.5% of the sales price + VAT. As lawyer fees are free in this case I’ll calculate 1%. Keep in mind lawyer invoice it’s deductible on the capital Gain Tax when you will sell the property in the future. 3.400+ VAT : Total lawyer fee: 4.114 euros.

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The post Example 2 of a tax and costs report to buy a property in Mallorca. appeared first on Toni Marqués. Real Estate Solicitor. Mallorca.

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

The post 6.-EVERYTHING BUILT IN MALLORCA BEFORE 1956, IS LEGAL appeared first on Toni Marqués. Real Estate Solicitor. Mallorca.

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.

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?

1. 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.
2. 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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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.

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

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

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.

Nowadays it is not so easy anymore; when someone goes to the Notary to declare a new building and does not have a license, the Notary warns in the deed of the lack of license. The property registrar informs the administration that a construction without a licence has been registered. 
If the construction is more than 8 years old and the right to order demolition has expired, it is registered and the authorities do nothing because they can no longer do so. 
A house that is illegal is registered. 

Go to n.5.-LEGALIZED BY THE LAPSE OF TIME. PRESCRIPTION IS THE SAME AS LEGALITY.>>>>>

The post 4.-IF THE CONSTRUCTIONS ARE RECORDED IN THE PROPERTY REGISTER, ARE LEGAL. (False) appeared first on Toni Marqués. Real Estate Solicitor. Mallorca.