Legalization

The Balearic Decree Law 3/2024, dated 24 May, allows for the extraordinary legalisation of buildings, constructions, installations and land uses located on rural land (suelo rústico) under specific conditions.

What does the new decree cover?
Legalisation may be granted for constructions that

• are located on rural land,
• were completed at least eight years prior to the application,
• are not subject to active legal or demolition proceedings.

The application must be submitted within a three-year window from the date the decree came into force, extended until February 2028.

What is excluded?
Legalisation is not permitted for buildings

• with serious safety issues or ongoing court cases,
• located in protected natural areas or requiring a tourist licence,
• built after 10 March 1991 in specially protected natural zones.

What are the costs?
Owners must pay a legalisation fee based on the year the application is submitted:

• 10% of the building value in the first year,
• 12.5% in the second year,
• 15% in the third year.

They must also submit a technical project drawn up by an architect, which includes measures to improve energy and water efficiency and reduce light pollution.

How does the process work?

1. Submit the application to the local municipality
2. Provide a technical project by a qualified architect
3. Prove the building is at least eight years old and not subject to enforcement
4. Pay all applicable fees and charges
5. Register the legalisation in the Land Registry, including a prohibition of tourist use

Conclusion
This decree provides a unique opportunity to legalise previously unauthorised constructions on rural land. It offers legal certainty and can increase property value. However, it is strongly recommended to seek professional advice to assess individual cases.