The approval of Law 7/2024 has reopened an exceptional legal pathway to regularise buildings and uses located on rural land in the Balearic Islands. This new regime of extraordinary legalisation is aimed at property owners whose buildings are in an irregular urban planning situation but whose infringements are already time-barred.
This is a temporary and exceptional measure designed to provide legal certainty, address long-standing consolidated situations, and integrate such properties into the legal framework, provided that the requirements established by the law are met.
What is extraordinary legalisation under Law 7/2024?
Extraordinary legalisation is a specific administrative procedure that allows buildings, constructions, installations and uses that were originally carried out without a licence or in breach of planning regulations to be legally recognised, provided that the urban planning infringement is no longer subject to sanctions due to the passage of time.
This mechanism is not equivalent to ordinary planning permission and does not require full compliance with current planning regulations. Its purpose is to regularise consolidated situations under certain technical, economic and environmental conditions, in exchange for their formal recognition within the legal system.
Law 7/2024 establishes this procedure as a time-limited opportunity, making it particularly important to assess each case promptly and with proper legal analysis.
Legal context: Law 7/2024 of the Balearic Islands
Law 7/2024 forms part of a set of urgent measures aimed at administrative simplification and rationalisation, with a direct impact on urban planning and land use regulation in the Balearic Islands.
Its main objectives include:
- Reducing legal uncertainty arising from long-standing irregular buildings.
- Facilitating the regularisation of consolidated constructions on rural land.
- Establishing uniform criteria for local councils when processing these applications.
The law introduces a specific provision regulating extraordinary legalisation, clearly defining requirements, exclusions and the administrative procedure, thereby limiting discretionary or inconsistent interpretations by different municipalities.
Seventh Additional Provision: the legal basis for extraordinary legalisation
The core legal foundation of this procedure is found in the Seventh Additional Provision of Law 7/2024. This provision expressly authorises local councils to process and decide on applications for extraordinary legalisation on rural land.
It regulates key aspects such as:
- The objective and subjective scope of application.
- The conditions buildings must meet.
- Explicit exclusions based on land classification or environmental protection.
- The financial obligations linked to the process.
Correct interpretation of this provision is essential, as any error in its application may jeopardise the viability of the application, lead to unnecessary costs or result in refusal.
What buildings and uses can be legalised?
Types of buildings covered by extraordinary legalisation
Law 7/2024 allows the extraordinary legalisation of existing buildings, constructions, installations and uses on rural land that are in an irregular planning situation, provided they meet the legal requirements.
In general, the following may be eligible:
- Single-family residential dwellings.
- Ancillary constructions linked to the main building.
- Consolidated installations and uses associated with the property.
Age and consolidated nature of the construction
The construction must represent a consolidated situation over time, meaning it was completed before the deadline established by the law and the infringement is legally time-barred.
Extraordinary legalisation does not apply to recent constructions or late extensions.
Each case requires individual assessment, taking into account the date of construction, the use of the property and its territorial and environmental impact.
Requirements to qualify for extraordinary legalisation
Prescription of the planning infringement
A fundamental requirement is that the urban planning infringement is legally time-barred, meaning the administration can no longer impose sanctions or order demolition.
This prescription must be formally evidenced, typically through technical reports and supporting documentation.
Technical, legal and documentary requirements
In addition to prescription, Law 7/2024 requires:
- No existing final and unenforced restoration or demolition order.
- Compliance with minimum conditions of safety, health and habitability.
- Submission of a technical legalisation project and all required supporting documentation.
All requirements are cumulative and subject to verification by the local authority.
Exclusions and limitations of the extraordinary regime
Excluded land classifications
Extraordinary legalisation does not apply to buildings located on:
- Specially protected rural land.
- Natural protected areas or Natura 2000 sites.
- Public domain land or areas subject to legal easements.
Other non-eligible situations
The regime also excludes:
- Buildings with ongoing or non-prescribed enforcement proceedings.
- Constructions posing serious risks to people or the environment.
- Buildings that cannot meet minimum technical requirements.
A prior legal and technical feasibility assessment is therefore essential.
Administrative procedure for extraordinary legalisation
Initiation of the application before the local council
The procedure begins with a formal application submitted to the relevant local council, accompanied by the required technical and legal documentation.
Accurate identification of the building and its legal status is essential, as errors may result in delays, requests for clarification or inadmissibility.
Required documentation
Typically, the application must include:
- A technical legalisation project prepared by a qualified professional.
- Proof of the construction date.
- Justification of the prescription of the infringement.
- Cadastral and, where applicable, land registry documentation.
- Evidence of compliance with safety and health standards.
Processing and decision
The local council will review the application, may request corrections or additional reports, and will ultimately issue a reasoned administrative decision granting or refusing legalisation.
Fees, costs and financial obligations
Municipal fees and technical costs
Applicants must pay municipal processing fees and bear the cost of technical reports and projects, which vary depending on the municipality and complexity of the case.
Financial contribution under Law 7/2024
Law 7/2024 also requires payment of a specific financial contribution as consideration for extraordinary legalisation, calculated in accordance with statutory criteria.
Time limits and validity of the extraordinary regime
Deadline for submitting applications
Extraordinary legalisation is strictly time-limited. Applications must be submitted within the period established by Law 7/2024. Once this deadline expires, this legal pathway will no longer be available.
Consequences of not applying
Failure to legalise leaves the property in an irregular situation, potentially causing:
- Difficulties in selling or transferring the property.
- Complications in inheritance or estate planning.
- Restrictions on carrying out works or obtaining licences.
Legal effects of extraordinary legalisation
Legal status after legalisation
Once granted, the building becomes legally recognised, although it does not necessarily comply fully with current planning regulations. It is legalised in its existing state, subject to the conditions imposed.
Impact on transactions and inheritance
Legalisation significantly improves legal certainty in sales, inheritances and property registrations, increasing market confidence and reducing legal risk.
Technical and environmental considerations
Technical compliance and habitability
In some cases, corrective works may be required to meet minimum technical standards. These implications should be assessed in advance.
Environmental and territorial considerations
Special attention is paid to environmental protection, particularly on rural land. Corrective or limiting measures may be imposed where environmental impact is identified.
Legal recommendations
Importance of a prior feasibility analysis
Extraordinary legalisation under Law 7/2024 is a valuable but complex opportunity. A prior feasibility study is essential to assess eligibility, risks and costs.
Importance of specialised legal advice
Specialised advice in urban planning and rural land law in the Balearic Islands is key to ensuring correct processing, avoiding errors and maximising the chances of success
