Property Law and Tax Issues

  Imminent publication in the BOIB of the New Planning Law and Use of Land (LOUS), that was already mentioned by Bufete Frau in one of its blog entries, that lays down a new legal system for the regulation of rural land  (not protected by the Law of Natural Areas dated 1991 and not on buildings of less than 8 years old) and in which it is to be thought that will also be legalized building works such as house extensions, swimming pools, terraces, basements, etc. It is estimated that nearly 30.000 homes in Mallorca and 1.000 in Ibiza are out of planning order and these will be able to take advantage of the 3 year amnesty for their legalization following the procedure detailed below:

Legalization Procedure in the Balearics

  1. Studies of suitablility and drawing up of estimates.

    Carrying out of legal and technical studies by a lawyer and architect respectively, with the object of establishing the suitability and feasibility of the legalization of the construction or constructions.

  2. Payment of stamp duties and sanctions on the value of the property.

    Proceedure and payment of the stamp duties and necessary council licenses to carry out the works of improvement in the homes as well as the payment of a sanction of 15% on the value of the home or installation if this is processed the first year, 20% if it is processed the second and 25% if on the third.

  3. Technical requirements of the constructions.

    Carrying out of works of adaptation and improvement which are compulsory by the owner in order to obtain the housing certificate, such as septic tanks or those compulsory requirements to comply with the Council Regulations where the home or construction to be legalized is located.

  4. Registration in the Property Registry office and other legal formalities.

    Preparation of the Declaration of Works for its comparison and adaption to the land registry information of the home with that of the Property Registry office and/or vice versa. Subsequently registration should take place in the Property Registry office and if applicable its registration in the Land Registry office.

Also introduced is the express license for minor works and that only requires a prior simple communication or sworn declaration to the Town Hall in order to begin the works, therefore it is anticipated that the speeding up of this particular procedure will be a fact.