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Go Back   Pollensa Forum > LIVING & WORKING IN POLLENSA > Living & Working in the Pollensa Area

Living & Working in the Pollensa Area This forum is for any comments, questions and advice about living (permanently or temporarily) and working in the Pollensa area. Aimed at ex-pats, property owners etc.

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  #1  
Old 12-06-2014, 17:32
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Join Date: May 2014
Location: Pollenša, Mallorca
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Default Property Legalization

Good afternoon,

This week our Law Firm is interested in talking about a new Law in the Balearic Islands that could change the situation of the properties which are now “out of regulation” on rural ground, allowing their legalization.

The properties classified as “out of regulation” are those which were built without construction license and could not be legalized because the urbanistic regulation did not foresee this possibility. In addition other buildings are included into this category, those which were built legally but were extended or renovated without license or with an expired license.

The concept “out of the law” implies that theoretically on these properties no constructive works can be executed and in some cases the permission for the correspondent supplies as electricity, water, sewage system, telephone or telecommunication cannot be provided.

Please, take into account that at least there exist 25.000 edifications of this kind on the Balearic Islands, therefore it is a crucial matter.

It is also important that there would be a time limit of three years to the owners to request the legalization. At the end of this limit the legalization of properties “out of the law” it seems that it would not be possible anymore.

In any case we would like to highlight that the legalization would increase the market value of the properties for sure and it would avoid many problems in the moment the owner will decide to sell the housing.

The legalization would have to be requested in the Town Hall under presentation of the graphic and written documents, regarding the real state of the building and with a project of adjustment to the general conditions of integration into the environment and landscape planning.

Inevitably, this procedure would have a cost. The legalization would oblige to pay the same taxes and charges as foreseen for new buildings. Apart from these, a penalty would have to be paid, called “financial accomplishment”, a percentage which will depend on the moment the legalization is requested. This quote would be applied to the costs of the material realization of the legalized construction.

If you have any question, do not hesitate to contact us. And remember our telephone number just in case you want to arrange an appointment to go into details: 971.728.008.

Best regards,
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Last edited by illeslex; 12-06-2014 at 17:34.
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  #2  
Old 12-06-2014, 22:22
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All very interesting. However, whilst this post is informative, it's actually an ad for a law firm.

Personally I feel that if someone wants to advertise on the site they should do so in the normal way. It's advertising which funds the site. So it's in everyones' best interests that it should be paid for.

Do others agree?
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  #3  
Old 12-06-2014, 23:28
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The company does advertise on this site Graham, do have a look here :- Puerto Pollensa, Mallorca (Majorca) - Property Services.
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  #4  
Old 13-06-2014, 09:17
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Although it is undoubtably an ad it is also very informative.and helpful in keeping us updated. I don't have a problem with it
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  #5  
Old 13-06-2014, 09:40
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Quote:
Originally Posted by sparky View Post
The company does advertise on this site Graham, do have a look here :- Puerto Pollensa, Mallorca (Majorca) - Property Services.
Just a suggestion to improve the forum as when someone posting an advert style post has 'Newbie' underneath their username it does look a bit spammy and people are very sensitive to this.
Not everyone knows where to check if a member is on the advert page or not.

On forums that I advertise on (nothing to do with holidays) the forum Administrator creates a user group called 'Advertiser' and then people paying for advertising are in this group and have this title under their user name so everyone knows they are an advertiser.
At the moment under an advertisers name when they have made some posts it shows as *** which is the same as normal members.

I generally try to support advertisers on forums as that is what helps to keeps forums going and knowing which are advertisers may be helpful.
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  #6  
Old 13-06-2014, 10:19
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Quote:
Originally Posted by graham View Post
All very interesting. However, whilst this post is informative, it's actually an ad for a law firm.

Personally I feel that if someone wants to advertise on the site they should do so in the normal way. It's advertising which funds the site. So it's in everyones' best interests that it should be paid for.

Do others agree?
I agree I like to read what is going on on here but am always concerned when somebody posts something that could benefit them as a company that the post could have an agenda. I think it should be made very clear that the People or person posting is also an advertiser that way people know that the post could well be a veiled advert for example often on TV you will see the words "The following is a paid commercial". The forum itself is a wonderful place for people to exchange views and ideas and help people enjoy PP which in turn is funded by advertisers but if the 2 are not kept separate then the forum would loose its familiar family feel which I know we all enjoy.
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  #7  
Old 13-06-2014, 10:45
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Advertisers who become members of the forum are allowed to have a link to their business as their signature, this then makes it quite clear that they are genuine and not spammers. You will see this at the end of all posts made by Illeslex and many others, i think this makes it quite clear that they do advertise .
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  #8  
Old 13-06-2014, 11:31
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As Sparky has ponted out Illeslex DO advertise on the main website under puertopollensa.com/property_services.html#solicitors and their Signature is a link to their advert.

We do allow advertisers to promote their business on the forum and on this occasion they are also providing what we hoped would be useful information for residents, ex-pats and property owners.

The suggestion to create a separate User Group is an interesting one - thank you Mark. I will definitely have a look at that.

Zelda
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  #9  
Old 31-07-2014, 11:43
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Good morning,

Last week, on 24th of July, the Council of Mallorca approved the regulation which amends the Tenth Temporary Provision of the new Land Law of the Balearic Islands. Even if there still can be presented objections during the next two months, in practice the actual terms of the Law will be maintained.

From the moment of entry into force by publication in the Official Bulletin of the Balearic Islands (we will inform you immediately) it will be possible to legalize prescribed urban infractions on common rural land and on protected rural land committed before 1991.

Therefore we insist to take advantage of this opportunity offered by this new regulation to legalize the affected properties, increase their market value and ease the sale by obtaining the Certificate of Habitability.

THIS IS A ONE-TIME AND LIMITED OPPORTUNITY as Our Law Firm announced you in June in the current thread.

A period of three years will be granted to all owners interested to realize the necessary administrative steps.

Best regards,
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  #10  
Old 10-10-2014, 13:07
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After the initial approval by the Plenary of the Consell Insular de Mallorca meeting held on July 24th (published in the Official Gazette of the Balearic Islands number 101) and the deadline by two months having been exhausted in order to examine its contents publicly and present any complaints and suggestions considered relevant, finally entered into force the Regulation that develops the Land Law in Mallorca on 26th September.

Should you are interested in legalizing your property, our Law Firm can help you, do not hesitate to contact us: info@illeslex.com ; Telephone: 0034 971.728.008 ; Illeslex Abogados

Best regards,
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Last edited by illeslex; 10-10-2014 at 13:10.
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  #11  
Old 14-10-2014, 00:38
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I found it very useful the information, having this kind of trouble myself.
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  #12  
Old 21-10-2014, 15:18
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Dear Neilberns,

Should you need legal help, do not hesitate to contact us at info@illeslex.com

We would be very grateful to study your documentation and provide you a solution.

Regards,
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  #13  
Old 22-10-2014, 21:21
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These people are a very respected law firm, originally started in Palma many years ago and have two of the best and most knowledgeable lawyers in rustic and urban land laws both old and new. I should point out that I have no dealings with the company but certainly know of their reputation.
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  #14  
Old 13-11-2014, 17:28
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Many thanks for your kind words, majprop.

The Partners of our Law Firm, Javier Blas and Guillermo Dezcallar, and all the team of lawyers work hard daily in order to provide the best service.

Best regards,
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  #15  
Old 17-02-2015, 19:38
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Default Property Legalization

I have recently pulled out of a purchase deal when I assessed the cost of legalisation, and the risk of not complying with this new law. I am not reluctant to move forward on any property that is not fully legal (few in Pollensa) because it is difficult to estimate the full cost (and headache) involved in making the property legal.

I understand that only a handful of people have taken advantage of this law thus far. My lawyer has argued that the law will need to be repealed as the costs of legalisation, when added to the previous fines assessed on the property, are too prohibitive, and that it will be largely ignored.

My view is that the government will not come down hard on those who ignore the law, as they can very easily determine who is in violation and order a demolition order. They also need the funds.

Anyone here have a view on the need for properties to be legalised, and what will happen to those that ignore this issue?

Many thanks
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