Black becomes white – Balearics retroactively license illegal residential buildings

The project for the reformation of the law on the use of land, the “Ley de ordenación y el uso del suelo (LOUS)” concerns itself with the legalisation of illegally erected residential buildings on land designated as agricultural. The Balearic government has now officially approved this project.

101973-finca-in-llucmajor

Illegally erected residential buildings on agricultural land may now be retroactively licensed under certain conditions.

Residential buildings and facilities used for agricultural purposes that were built without a licence more than 8 years ago may now be retroactively licensed. The prerequisite for this is that the land is not in an area designated as a nature reserve, and that no criminal charges or disciplinary proceedings exist.

Experts assume that, in the Balearics, there are around 40,000 buildings of this kind, originally used for agricultural purposes and subsequently extended or converted into residential buildings. Both sides benefit from this new arrangement: the owner will see a significant rise in the value of his previously illegal building as he can now sell without difficulty, while Spain’s cash-strapped coffers will receive additional tax revenue.

This article is intended purely as general information and does not purport to represent legal advice.