Legalization of buildings: Venus Architecture

Legalization of buildings

Legalization of existing buildings according to building law on Mallorca in key points:

1. A construction permit can only be granted, if no infringement of building law exists on the plot in question. This means that all parts of the building have to be legal. In case of existing old structures there are almost always building parts, porches, garages and pergolas which have been attached without authorization and which need to be legalised before a construction permit for an extension or rebuilding can be given.

2. Regarding legalisation of building stock on Mallorca it needs to be distinguished between 2 situations. Legalisation in urban area (urbanisation) and legalisation in a rural area.

2.1. Legalization in urban area:

The building law legality of the building parts needs to be established based on existing building law or old building laws, which applied at the time when the existence of the building parts which need to be legalised can be proven legally for the first time.

2.2. Legalization in rural area:

It applies analogously the above said under 2.1, but it exists the additional option according to the new land law of the Balearic Islands as from 29th of May 2014 that buildings are legalised for 3 years due to following exception regulation.

(UpdatedJanuary/February2016:

The new governmentof the BalearicIslands,has moficied theregulationsforlegalizationof buildings onrural land, after thischange of GovernmentRegulation"Decree Law 1/2016and2/2016" is modified inthis paragraph (2.2)! It remainsto be seen whetherthe next legislatureis taken upagain the originalregulationsorstill this is in effect.)

The classification of the rural area on which the to be legalized building is built on needs to be distinguished. SUELO RUSTICO COMUM (common rural area) or SUELO RUSTICO PROTEGIDO (protected rural area).

2.2.1. Legalization in SUELO RUSTICO COMUN is possible for buildings, which have not been reported until the 29th of May 2014 and for which ones an existence for more than 8 years can be proven legally binding.

2.2.2. Legalization in SUELO RUSTICO PROTEGIDO (classification ANEI, AANP, ARIP Y

API). Only buildings with legally proven existence before the 10th of March 1991 can be legalised and if no change of use was carried out after this date.

3. required documentation for the legalization of buildings or building parts:

The architect needs to issue for each legalisation a project with all plans, as if he would have built the house. This means to prove statics, feasance of norms and building law. The architect and the technical architect are liable for the building as if they had designed it and carried out the construction management.

4. Usual fees for Legalization

Usually the fees correspond the fees which would have incurred to build the house, additionally there might be costs for on-site measurement.

For difficult building law cases or if the monument preservation office or the environmental protection agency need to be engaged, the fees might differ. Fees on success basis are possible as well.

5. Engaging of lawyers

Usually it is not necessary to engage a lawyer for a legalisation and all related tasks can be undertaken easily by the architect. If it should turn out during the phase of legalisation that the construction office in charge is acting illegally, for example by ignoring the deadlines for the processing of the building application, a lawyer needs to be engaged to file a suit against the office. An unfortunately common procedure called „Contencioso Administrativo„

6. The authority fees for the legalization according the new law come to:

(See above, abolishedby decreeDecretoley1/2016y2/2016)

15%, 20% , 25% of the theoretical building costs corresponding to the year 1, 2, 3.