Before buying or selling a rural property in Mallorca, it is advisable to review its planning status. The administrative certificate is one part of that review and should be read alongside the property's permissions and technical reports.
1. What is the Certificate of No Planning Infringements?
The Certificate of No Planning Infringements provides information on the matters certified by the issuing authority. The absence of enforcement proceedings does not, by itself, show that all building work and uses have permission or can be legalised.
For a rural property, particular attention should be paid to buildings, extensions and uses. The technical professional and the notary's office should establish which documents the transaction requires; this certificate is not a universal, identical requirement for every sale.
2. Why is the Certificate of No Planning Infringements important?
The Certificate of No Planning Infringements can provide useful information when buying or selling a rural property. Its usefulness depends on the document's scope and the review of the property as a whole:
2.1 Legal certainty
The certificate helps identify administrative issues, but it must be checked against the permissions and applicable planning rules. A building without permission may remain non-conforming even if the time limit for action to restore planning legality has expired.
2.2 Mortgage financing
The lender may request planning documentation to assess the property. Having this certificate does not guarantee a mortgage: the decision also depends on the valuation, the applicant's creditworthiness and the terms of the transaction.
2.3 Market value
Clear documentation can reduce uncertainty during negotiations. The certificate alone does not guarantee an increase in market value or a faster sale.
2.4 Peace of mind for the buyer and seller
Both buyer and seller should understand the scope and date of the documentation. No single certificate guarantees that expenses or problems will not arise after the sale.
3. How to obtain the Certificate of No Planning Infringements
Obtaining the Certificate of No Planning Infringements in Mallorca is a relatively straightforward process, but it requires following certain steps and providing the appropriate documentation.
3.1 Applying to the local council
The owner of the rural property must apply for this certificate at the council for the municipality where the property is located. Each council has its own procedure, but the following process generally applies:
- Required documentation: You must provide the property deed, its cadastral reference, a copy of the owner's DNI identity document and a location plan of the property. Some councils may also require photographs of the buildings and land.
- Formal application: The application is submitted to the council's planning department or, in some cases, through the municipality's online services portal.
3.2 Inspecting the property
Once the application has been submitted, the council may send an inspector to check that the buildings and land use on the property comply with current planning regulations. This step is essential, particularly if there has been recent construction or alterations to the property.
3.3 Issue timescale
The issue timescale depends on the municipal procedure and the particular application. Check the applicable timescale with the council before committing to a completion date.
3.4 Cost of the procedure
The fee can be checked in each council's ordinance or procedure information. Request recent documentation and check which situation and date it certifies.
4. Consequences of not having the Certificate of No Planning Infringements
The risk depends on the property's situation and the information that has been checked, not solely on whether a certificate is available. These are some of the matters worth reviewing:
4.1 Planning infringements and penalties
Unauthorised building work and uses may be subject to restrictions or measures to restore planning legality that affect the property. The specific situation must be checked; it cannot be assumed that the buyer automatically inherits all personal penalties imposed on the previous owner.
4.2 Difficulty finding buyers
A lack of planning information can make negotiations more difficult. Provide enough documentation for the buyer to assess the property's issues and restrictions.
4.3 Problems when signing the sale deed
Before completion, ask the notary's office which documents are required for the property and how its planning circumstances should be recorded. The mere absence of this certificate should not be interpreted as an automatic prohibition on selling.
5. Regularising buildings on rural properties
If there are unauthorised works or uses, a technical professional should examine the applicable rules and available options. Requesting administrative information is not the same as obtaining permission, nor does it require the property to have already been regularised.
5.1 Legalising buildings
If the buildings on the property can be legalised, you will need to obtain the appropriate permissions. To do this, you must engage a suitably qualified professional to draw up a legalisation project and submit it to the local council.
5.2 Demolishing unlawful buildings
When building work cannot be legalised, the measures that may be required and the applicable restrictions must be reviewed. Demolition depends on the case and the planning rules; it is not an automatic consequence of wishing to request a certificate or sell.
6. Conclusion
The Certificate of No Planning Infringements is useful when reviewing a property, within its stated scope. Complete that review with a technical professional and the competent authority before assuming that the building work and uses are lawful.
If you are thinking of selling a rural property in Mallorca and need advice on obtaining this certificate, Inmogestión Balear can help you handle all the necessary procedures. We have a team of professionals specialising in the sale of rural properties, who will guide you throughout the process to ensure a smooth transaction.
To understand this certificate in the wider context of property checks, see How to legalise a rural property in Mallorca and Buying a rural property in Mallorca: a practical guide.
