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Legal and Planning update after the change of Government in the Balearic Islands

06jul

Derecho Inmobiliario y cuestiones Fiscales

Our office of lawyers in Mallorca and in Ibiza provide you with the legal, planning and tourist update in the Balearic Islands laid down due to the forming of a new Government in our Autonomous Region.

The last autonomous elections in Spain  has lead to a change of power in the local, county and autonomous departments in the Balearic Islands. During the past days the new Delegates (Consellers) are taking possession of their portfolios and in many cases are advising the main lines and measures to be taken with the new term of office that is now starting. Legal and Planning Update after the change of Government in the Balearic Islands

Planning Law and Use of Ground (LOUS)

This is the case of the Head of Territory, Energy and Mobility who plans to review the Law of Land, in particular the rewiew of the tenth temporary regulation in which is possible an extraordinary proceeding of three years  to legalize constructions out of planning order and that in Mallorca alone affects 30.000 buildings. We believe that the Law of Use and Planning of Land[i] (LOUS) simplifies and rationalizes planning regulations in addition to speeding up the process of legalization. Whereby the aim of the LOUS is that of helping the legalization of certain actions under the following instances:

  • Being able to legalize constructions built on rural land of over 8 years and that by the Law of Planning Discipline cannot be demolished.
  • Also is allowed the legalization of illegal constructions located in natural areas of special interest (ANEI) prior to the approval of the Law of Natural Areas in 1991.

Agricultural Law

Another law to come under review, this time by the Delegate of Agriculture Vicenç Vidal, is the recent and acclaimed first Agricultural Law of the Balearic Islands.

Pioneer and agreed by all the parts of the Balearic agricultural section it contains the following main points
  • Promote the investment on rural land.
  • Improve the labour occupation in the agricultural sector.
  • Reassess rural patrimony and products with guarantee of quality.
  • Facilitate the start of procedure in agricultural activity.
  • Changes of use in agricultural installations.

Holiday Tourist Accommodation

Lastly it is also expected that the Tourist Law be reviewed that, although it does not include any regulation or Decree covering the highly discussed Holiday Tourist accommodation and that, as an example, already reaches 33% of the offer of tourist accommodation  in the county of Calvia in Mallorca and a model of tourist offer very much in fashion in Ibiza, it does regulate the rental of Holiday accommodation in detached and semi-detached single family houses. In view of the above we would announce that we can expect various years of changes and that we in Bufete Frau lawyers will be very watchful in order that our clients always receive a fully checked confirmed update of legal, tax and planning advice.

Visit our blog and discover all legal, tax and planning in force in the Balearic Islands.
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