NYHETER

How can I know if it possible to build a house on my rural Plot in?

28mar

Derecho Inmobiliario y cuestiones Fiscales

Although this is not an easy question to answer due to the complexity of the matter, we will try to give you some indications that may help at the moment of knowing whether it is possible or not to build on a rural Plot in Mallorca. But, for this it is also necessary to warn that, not only is there a type of rural land in Mallorca, but also that the classification is much wider depending on the characteristics and level of protection of this land and also the council regulations would have to be checked. Let us center our attention on the study with respect to the Territorial Plan of Mallorca. In its rule 19.3 initially there are limits to the building of single family detached houses in the natural Areas of special interest with a High Level of Protection (AANP), Natural Areas of Special Interest (ANEI), Rural Areas of Wooded Scenic Interest (ARIP-B), Protected Territorial Areas (APT) and Growing Transition Areas (AT-C). The remaining areas are conditioned to compliance with the requirements as per regulation 20, with the peculiarity that in the Areas of Prevention of Risks (ARC), is also required a prior favourable report from the competent department concerning the environment in order to build a dwelling on these lands. So therefore, this regulation 20 stipulates the following conditions:

  1. In the first place, that it is not forbidden by the general planning in the area where it is to be established. But, what are these general plans? It is gathered from art. 35.1 of the Law of Town and Country Planning and Use of Land (LOUS) that they are the planning instruments within the municipal district and that classify the type of land for the establishing of the corresponding legal system; establish the fundamental elements of the general structure and establish the forecast or priorities for its development and execution, as well as periods and conditions for its revision. In other words, we must always be attentive to the General Municipal Plan where our Plot is located to know whether this is possible or not. In this report, however, we only analyse the Territorial Plan of Mallorca, and not general plans of the different counties.
  1. It is only possible to build one single family detached house on each Plot, this rule also being applicable to the Rural Areas of Scenic Interest (ARIP).
  1. If it is a new construction or a change of use of others already exising the following regulations will be applied:

(a) The plots on rural Land under the General Forest System (SRG-F) and in the ARIP should have a minimum surface of 50.000 m2.

(b) On rural Land under the General System (SRG), Areas of Agricultural Interest (AIA) and in the Coordinating Transition Areas (AT-H), are required 14.000 m2.

  1. Concerning the date of division, segregation or fragmentation of the Plot (proof of this in a public document) it is important to keep in mind as to whether the Plot can be built on that it be under one of the following conditions:

Before 16/07/1997

  • It is possible to build if complying to the minimum size plot for construction.
  • Condition: That the property has not undergone any change after this date.
  • A public document prior to this date must be supplied.

From 16/7/1997 to 13/10/1999

  • Compliance with regulation of minimum size plot for construction.
  • That the division, segregation or plot division has not taken place at the same moment or in succession in more than five independent registry units (excluding the main property). Except that:
    • Later has been grouped together under the mentioned limit.
    • That they are actions under the following section.

After 13/10/1999

  • Construction only possible on plots arising from a first division, segregation or plot division carried out due to donation from parents to children or to children of pre-deceased children or by inheritance between parents and children.
  • To benefit in the division, it is necessary this be included in the patrimony of the donating or transferring person (in the case of inheritance before the 18th January 2004).

These indications give us an aproxímate idea on the possibility or not of being able to build on a rural plot. But it is absolutely necessary to study each case and consult an expert legal team in the matter, such as archtects. Once we know what we can build, we can continue with the study of the regulation, we reach the number 22 that gives us the following conditions concerning the construction:

  1. The maximum building surface is 2% in ANEI, ARIP, APR, APT, SRG-F and AIA; and 3% in the remainder.
  2. The percentage of occupation is 3% in ANEI, ARIP, APR, APT, SRG-F and AIA; and 4% in the remainder.
  3. The maximum height will be the less between a) two floors or b) eight meters from the ground floor to the highest point of the roof.
  4. Total surface of verandahs cannot be more than 20% of the surface occupied by the remainder of the building.

There are other planning conditions to keep in mind, of course, but as we have mentioned, it is very important to speak with professionals for advise in this matter, as we are before a complicated and varied regulation in different areas. On the other hand it is worth while to mention that a new draft bill was presented of the Planning Law in the Balearic Islands that would revoke the LOUS, and Bufete Frau is working on this to keep you up to date with the latest legal news, and we will soon publicate our report concerning this matter.

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