Planning permission for restoration, new-builds and refurb projects in Mallorca
Building permits, laws, application forms and taxes
Buying a property in Mallorca is an exciting project which can in time become an immensely profitable investment and this is most true when the real estate you purchase can be restored and improved in some way, or when you buy a plot of land and build on it.
The island of Mallorca is divided into rustic and urban zones which will determine how much you can alter a building and in some cases, if at all. Ascertaining what zone your property is on and what planning permits and procedures are required is an essential part of getting your purchase right.
The following sections describe and inform on the different application forms and relevant bodies you need to know about in order to get your building permits and your new home connected to the mains.
The Territorial Authorisation
The Territorial Authorization Service is the administrative unit responsible for technically and legally evaluating all the requests made by citizens as well as by other public administrations, in reference to different matters of insular competence such as issuing habitability certificates, issuing the prior binding report for the construction of new builds on rustic land, declaring as general interest the provision of electricity in buildings on rustic land as well as the authorization of permitted building works in the coastal area.
Taken from the Regional government webpage: http://www.caib.es
Getting your Paperwork Right
In order to access the necessary forms, see the Operations and Procedures section at the bottom of the page: Trámites y procedimientos relacionados. All the forms must be delivered to the Department of Land and Infrastructure.
- Authorisation for Building Works in Coastal Easement Zones
This form is needed to obtain authorization for building works (terraces, swimming pools, enclosures, etc.) or temporary installations linked to commercial activity (tables, chairs, umbrellas, etc.), not subject to a responsible declaration, in buildings legally located totally or partially on land classified as urban area of protection or sea and land easement zones of public domain. It takes 3 months.
The lands classified as urban near the sea and that make up the protection zone are not completely uneditable.
The Coastal Law foresees the possibility of carrying out a series of construction works such as swimming pools and terraces, as well as the assembly of seasonal facilities for catering establishments (tables, chairs, umbrellas and other elements).
The Consell de Mallorca has the legal competence to authorize these works, either by means giving the licence or via a responsible declaration in the cases foreseen in the Coastal Law.
- Statement of Responsability for Building in Coastal Easement Zones
This form applies to restoration, refurbishment, modernisation and repair works to be carried out on buildings located partly or totally on urban soil.
- Application for Habitability Certificate
The Certificate of habitability is issued by the Consell and recognizes the suitability of homes, premises, residential buildings or other forms of construction, to be inhabited and / or occupied. In accordance with current regulations, the certificate of occupancy is mandatory in all real estate sales and rentals as well as for other forms of tourism vacancies provided via the Ministry of Tourism. Furthermore, it is needed if you wish to contract marketing company services.
The certificate of habitability certifies that any dwelling, premises or residential building meets the minimum requirements in terms of size, hygiene and adequate facilities to house people. It is a mandatory document, needed to inhabit a property and without it you will not be able to connect to public supplies of water, electricity, gas or any other energy or telecommunications product if the housing, the premises or the residential building do not have the valid habitability certificate or an equivalent document. There are three types: for refurbishments, new-builds and properties built before the 1st of March 1987. It takes 1 month.
- Application for General Interest Declaration for Power Supply
General interest declaration to be obtained from the local town hall in order to connect a property found on rustic land to the public power supply. It takes 3 months. The town hall cannot give you a planning licence until you have delivered this form. It takes 3 months.
The existence of a legal building on rustic land allows, in the cases provided and after obtaining a declaration of general interest issued by the Consell, the town councils to grant planning licenses for the provision of electricity for these homes, agricultural buildings as well as for other buildings authorized on rustic land.
- Application Form to Build in Rustic Zones
Compulsory and binding report needed for building on plots of rustic land, which you get from the town hall. It should only be requested in the case of new housing construction. Reforms and extensions of existing houses are the exclusive competence of the city council, which will issue the corresponding building license. It takes 3 months.
In order to build a new house on rustic land you need a minimum area of 14,000 m² and only one dwelling per plot is authorized.
Together with other requisites, provided for in the Territorial Plan of Mallorca, as well as in the different municipal urban regulations, these parameters are subject to the prior and binding report issued by the Consell and you will only be granted a municipal urban license should they be met.