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Urgent planning measures in the Balearic Islands

17feb

Derecho Inmobiliario y cuestiones Fiscales

Comments on Balearic Government Decree 1/2016, dated 12th January concerning urgent planning measures

This regulation wishes to correct certain situations arising from the introduction of transitional unusual measures for the legalization of that constructed without authorization; avoid distortion of rural land and preserve equality between owners requestion building licenses. Various laws are affected by the alteration of some of their articles. Others with the suspension of their application until the said laws are revised. A maximum period until the 31st December 2017 is allowed. The regulation affects the following Balearic laws (Download attached file). Concerning the Law 6/1999, dated 3rd April (THE LAW 2228/1999) , of territory planning and tax measures, the base of planning of use of attachment 1 is modified and a large area of that applicable prior to the entry in force of the agricultural Law is recuperated with certain alterations in uses. The Law 2/2014, dated 25th March (THE LAW 4668/2014), of planning and use of land, is modified to adapt same to the suspensions to avoid the legalization of illegal buildings and developments and the granting percentage of 15% is recuperated within the margen allowed by the basic state law.

URGENT PLANNING MEASURES IN THE BALERIC ISLANDS

Government decree 1/2016, dated 12th January (THE LAW 111/2016), concerning urgent planning measures, its object being to correct certain situations caused by the introduction of special temporary proceedings in certain cases of legalizing that constructed without authorization, avoiding the distortion of rural land and certain urban settlements, and to preserve equality between the owners requesting building licenses. The following laws are altered with suspension of the validity of other regulations until these are revised. Modifications of the Law 8/2012 dated 19th July (THE LAW 12918/2012) Balearic Island tourism to correct excessive administrative prerogative and the exoneration of maximum building volume is eliminated for rural tourist accommodation. Introduced is the necessity in the case of re-opening of previously closed tourist establishments or change of use, the tourist use or another use must be within those allowed in the current planning regulations. Certain sections are altered in its fourth additional regulation and others are suspended.

 Until such time as the following modifications are approved, or maximum until the 31st December 2017, these will not be applicable in all the Balearic Islands.

-Point 2 of the second transitional regulation of Law 6/1997 dated 8th July (THE LAW 2964/1997) Balearic Islands rural land.

-Ninth additional regulation and first transitional regulation of Law 7/2012 dated 13th June (THE LAW 11212/2012) urgent measures for sustainable urban planning.

-Article 26; additional fifth regulation, additional sixth regulation, and transitional tenth regulation of Law 2/2014 dated 25th March (THE LAW 4668/2014 planning and ground use.

- Point 3 of article 25; article 35; point 4 of article 44; article 78; section b of point 1 of article 90; points 5, 9 and 14 of additional fourth regulation; ninth additional regulation; tenth additional regulation; nineteenth additional regulation; and sixth transitional regulation of Law 8/2012 dated 19th July (THE LAW 12918/2012) Balearic Island Tourism.

- Article 4.1; article 5; and additional first regulation of Decree 39/2015, dated 22nd May (THE LAW 8604/2015), under which are fixed the main elements of rural tourism on the preferential developments in the Balearic Islands.

- Points 1 and 3 of article 59; section a of article 93; article 94; section c of point 2 of article 95; point 2 of article 100; point 4 of article 102; article 104; article 128; additional first regulation; additional second regulation; points 4, 5, 6 and 7 of final second regulation of Law 12/2014, dated 16th December (THE LAW 19920/2014), Balearic Islands rural land.

Entrance in force of transitional regulations: the regulation comes into force on the 14th January 2016, the day after its publication in the Official Notification of the Balearic Islands. The transitional regulations deal with the process of proceedings started before the entrance in force of this Government Decree.

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