How to Legalise a Rural Property in Mallorca: Everything You Need to Know Under the New Rural Land Law
In Mallorca, as in the rest of the Balearic Islands, rural properties have become increasingly important, both for their value as assets and for their appeal to people seeking peace and a more natural way of life. However, one of the biggest challenges for rural property owners is regularising and legalising buildings or uses on rural land. In recent years, rural land regulations have changed, directly affecting construction options, permitted uses and, above all, legalisation procedures.
In this article, we will explain in detail how you can legalise a rural property in Mallorca, taking into account the recent Balearic Rural Land Law. This legislation introduces important changes to the legalisation of buildings and uses, allowing owners to put their legal position in order within a specified period.
What is rural land and how does it affect legalisation?
Rural land in Mallorca is primarily intended for agricultural, livestock or forestry activities, or for conserving the landscape and nature. It is protected and regulated to ensure that development does not take place without thorough controls. Construction on rural land is heavily restricted, and regulations tend to be strict in order to preserve its rural character and the environment.
This means that any building, construction or change of use on a rural property must comply with specific rules. Over the years, many owners have built without complying with regulations, resulting in numerous properties with unlawful buildings or uses.
The new Balearic Islands Rural Land Law, also known as the “Rural Law”, regulates these matters and introduces measures for the extraordinary legalisation of properties and buildings that do not comply with current regulations.
Main features of the new Rural Land Law
The Balearic Rural Land Law introduces an extraordinary legalisation process for buildings, installations and uses that do not comply with current regulations but can no longer be demolished or penalised because of the time that has passed. The law aims to allow owners to regularise their position without facing serious penalties, provided certain requirements are met.
What can be legalised?
It is possible to legalise buildings, installations and uses on rural land that are no longer subject to measures to restore planning legality, such as demolition or penalties. This applies to residential buildings as well as agricultural and livestock installations, or any other type of construction.
The extraordinary period runs for three years from publication of the island council's resolution introducing the procedure. The timetable applicable to Mallorca must be checked; this period does not restart with each application.
What types of properties or buildings cannot be legalised?
Not all rural properties or buildings qualify for this extraordinary legalisation process. There are important exceptions to bear in mind:
- Buildings on land subject to compulsory purchase, mandatory transfer or demolition.
- Buildings on public domain land, such as road protection zones or areas affected by coastal legislation.
- Buildings involving an activity that requires the acquisition of limited public rights, such as tourist accommodation places, water rights and similar rights.
This procedure does not require the declaration of general interest under Article 26.1 of Law 6/1997, as provided in Additional Provision Seven.6 of Law 7/2024.
It is important to check whether your property or building falls within any of these exceptions before starting the legalisation process.
Steps to legalise a rural property in Mallorca
Below, we explain the steps you must follow to legalise a rural property in Mallorca under the new Rural Land Law:
1. Verify the age of the building or use
Expiry of the enforcement period must be substantiated by reference to the completion date, the land's classification and planning designation, and the applicable legislation. A historical date alone is not enough to determine whether an entire property can be legalised.
It is essential to be able to prove the exact construction date through official documentation, aerial photographs or other valid evidence.
2. Apply to the local council for extraordinary legalisation
The next step is to apply for extraordinary legalisation at the relevant local council. You must submit a formal application together with a technical legalisation project prepared by an architect. This project must take account of the specific characteristics of rural land and include all necessary environmental measures.
3. Provide the Certificate of No Planning Infringements
The application must demonstrate compliance with the planning requirements and, where applicable, expiry of the relevant enforcement period. A certificate concerning infringement proceedings may provide information, but it does not replace the technical project or establish by itself that the building can be legalised.
If a sale is planned, it is advisable to prepare the documentation so that the buyer, technical professional and lender can assess the property. The administrative certificate does not replace their assessment.
4. Pay the relevant fees and taxes
In addition to the applicable fees and taxes, there is a specific financial contribution, calculated on the material execution cost according to the year of application:
- 10% in the first year of the procedure.
- 12.5% in the second year.
- 15% in the third year.
This percentage is applied to the material execution cost of the building or installation being legalised and is set out in the decision approving legalisation.
5. Provide the Energy Performance Certificate and certificate of habitability
For a dwelling, the technical professional must check the habitability rules and the effects of the extraordinary legalisation permission. An energy certificate will be required where the building and transaction fall within the cases where certification is mandatory.
6. Registration at the Land Registry
The decision and building documentation must be reflected at the Land Registry where appropriate. The prohibition on tourist stays has a transitional exception for dwellings with lawful activity predating 29 May 2024, while their authorisation remains valid.
Benefits of legalising a rural property
Legalising a rural property has numerous advantages for both current owners and future buyers:
- Increased property value: A regularised property has a higher market value because buyers are willing to pay more for a property that presents no legal risks.
- Ability to sell without problems: Legalised rural properties are easier to sell because they have no legal barriers that might put buyers off.
- Easier access to bank financing: Legalising buildings and obtaining the certificate of habitability makes it easier for potential buyers to obtain a mortgage, improving the prospects of a sale.
Conclusion
The new Balearic Rural Land Law offers a unique opportunity to regularise properties and buildings on rural land that might otherwise face penalties or legal difficulties. It is essential for owners to make use of this extraordinary three-year period to put their properties in order, safeguarding their value and future sale potential.
This article provides a detailed guide to legalising a rural property in Mallorca under the new legislation. If you have further questions or would like personalised advice, Inmogestión Balear will be happy to help: please get in touch with us.
For more detail on the procedure and its paperwork, see Planning infringement certificates for rural properties.
