Urban planning regulations in the Balearic Islands are a delicate matter that can lead to serious legal issues if the existing rules are not followed. Urban planning infractions occur when actions are taken or duties related to land use, construction, or urban development are omitted without complying with the law.
In this article, as lawyers specializing in urban planning law, we break down the types of urban planning infractions in the Balearic Islands, the penalties violators may face, and the steps that can be taken to avoid them.
What is an Urban Planning infractions?
An urban planning infractions is a breach of the regulations governing land use and construction in a particular area. In the Balearic Islands, these infractions are regulated by the Urban Planning Law of the Balearic Islands (LUIB), which specifies which actions are punishable and the legal consequences of each type of infractions.
It is important to note that an urban planning infractions does not only affect the initial developer or property owner; future owners may also face repercussions if they purchase a property affected by a infractions. Therefore, conducting a legal and urban planning verification before buying any property is crucial.
Types of Urban Planning infractions in the Balearic Islands
Under Balearic urban planning legislation, infractions are divided into three categories: minor, serious, and very serious. Each category has different implications regarding the type of penalty and the corrective actions that may be required by the relevant authorities.
Minor Urban Planning infractions in the Balearic Islands
Minor infractions have a smaller impact on the environment or constitute a minor breach of urban planning regulations. Common examples of minor infractions include:
- Failing to submit a building for mandatory technical inspection or failing to comply with building evaluations when required by regulations.
- Carrying out minor renovations without a permit, which, although they do not require a technical project, still need authorization from the administration.
- Failing to comply with public information requirements about ongoing works, such as not displaying the construction sign detailing the license and project specifications.
Despite their lesser severity, minor infractions can lead to fines and the requirement to correct the breach. In some cases, the administration may demand the legalization of the work, if possible, or the removal of elements that violate the regulations.
Serious Urban Planning infractions in the Balearic Islands
Serious infractions involve a more significant breach of urban planning regulations and typically have a considerable impact on the area. Common serious infractions in the Balearic Islands include:
- Constructing or building without a planning permit or with a permit that does not match the approved project conditions.
- Illegal parceling of rural or urban land without authorization.
- Significant alterations in land use that contradict urban planning, such as changing the use of residential land to commercial without proper authorization.
Penalties for serious urban planning infractions can be very high, with fines ranging from 50% to 100% of the value of the works carried out. In some cases, the demolition of illegal constructions may be required if they cannot be legalized.
Very Serious Urban Planning infractions in the Balearic Islands
Very serious infractions involve especially severe breaches of urban planning regulations, often having a lasting or irreparable impact on the environment. Typical cases of very serious infractions include:
- Parceling or building on protected rural land, where construction is strictly prohibited.
- Alterations to properties or areas listed for their cultural or natural value, such as building in areas of landscape or heritage interest.
- Acting without the necessary urban planning or in contravention of planning instruments.
Penalties for this type of infraction can be severe, including fines that exceed 200% of the value of the works and, in many cases, the mandatory demolition of illegal constructions. Additionally, legal consequences do not expire when infractions affect specially protected properties, meaning that authorities can act at any time to restore legality.
What are the Legal Consequences of Urban Planning infraction in the Balearic Islands?
Committing an urban planning infractions in the Balearic Islands can lead to significant administrative, civil, and even criminal penalties. The main legal consequences include:
- Financial Penalties: Fines for urban planning infractions vary depending on the severity of the infractions. Fines for minor infractions tend to be lower, but penalties for serious or very serious infractions can reach hundreds of thousands of euros.
- Restoring Legality: If the work does not comply with urban planning regulations, authorities may order the demolition of illegal constructions or require the land to be restored to its original state.
- Joint Liability: The responsibility for an urban planning infractions falls not only on the original violator but also on future property owners. If someone acquires a property that has been illegally constructed, they will have to bear the sanctions and costs associated with legalizing or demolishing the property.
- Inability to Legalize: In some cases, it may not be possible to regularize the situation. This occurs, for example, when the infractions affects protected rural land or listed properties. In such cases, the only solution may be the demolition of the illegal structure.
When Do Urban Planning infractions Expire in the Balearic Islands?
The expiration of urban planning infractions in the Balearic Islands is regulated by the LUIB. The statute of limitations depends on the severity of the infractions:
- Minor infractions expire one year after they are committed.
- Serious and very serious infractions expire after eight years.
It is important to note that, even if the infraction expires, authorities can still demand the restoration of legality at any time if the infraction affects protected rural land or cultural assets. In these cases, the administration can order the demolition of the illegal construction, even if several years have passed since the infraction was committed.
When Do Urban Planning Fines Expire?
The statute of limitations for urban planning fines is the same as for the infraction that caused them. However, once a fine has been imposed, its expiration may vary depending on the administration’s actions to collect it. If the administration initiates procedures to enforce the fine, the statute of limitations may be interrupted.
What Happens If I Build Without a Permit in the Balearic Islands?
Building without a permit is one of the most frequent infractions in the Balearic Islands. The consequences of carrying out works without the required authorization can be very serious, especially if the construction does not comply with urban planning regulations. Property owners who build without a permit face:
- Heavy fines, ranging from 50% to 250% of the value of the work.
- Demolition of the construction if legalization is not possible.
- Inability to obtain future permits for the property, such as habitability certificates or expansion permits.
Additionally, as this is a serious urban planning infraction, authorities can demand the restoration of legality even after the construction is completed, posing a considerable financial risk.
How Can Urban Planning Fines Be Paid?
Urban planning fines can be paid in a single installment or, depending on the amount and the violator’s circumstances, an installment plan can be requested. It is advisable to manage the payment of fines as soon as possible, as delay interest can significantly increase the total amount due.
How to Avoid an Urban Planning infraction?
The most effective way to avoid penalties for urban planning infraction is to seek appropriate legal advice from the start of the project. Lawyers specializing in urban planning law can ensure that all urban planning actions comply with current regulations and that the necessary permits are obtained before starting any work.
At Rodríguez Tur Lawyers, we have a highly qualified team to provide advice on all aspects of urban planning law. We can help you avoid unnecessary penalties and manage any type of urban planning infraction that may arise in the Balearic Islands. Contact us for a no-obligation consultation.
