Decree Law 3/2024, of 24 May, on urgent measures to simplify and rationalise the public administrations of the Balearic Islands
(BOIB No. 71 of May 28, 2024)
This new regulation establishes the procedure for legalizing buildings built in rustic soil that are out of order and for which the deadlines for re-establishing urban legality have elapsed.
The Seventh Additional Provision regulates the procedure for the extraordinary legalization of existing buildings, constructions, installations and uses on rustic land.
What can be legalized? It is contained in point 1 of the DA7a, by providing: buildings, constructions, installations and existing uses in rustic land for which, at the entry into force of this decree law, it is no longer appropriate to adopt measures to restore the urban legality, may be legalized in an extraordinary manner within a maximum period of three years (from the publication in the BOIB of the plenary agreement of the Insular Council), without applying the conditions and urban parameters applicable in general to buildings in rustic land, with all the rights and duties inherent in the works carried out under license.
Thus, it will be possible to legalize those buildings. . . that have already been prescribed at the entry into force of this rule, and in addition and of great importance is the fact that now it will no longer be required that buildings. . . conform to the current legal regime applicable at the time of legalization, it will not be necessary to comply with the urban parameters that would normally be required (blocks, heights, volumes, etc. . . ), is incorporated into the regulation what exists, even if it does not comply with the urban conditions and parameters. Although the above, in terms of activities there are no reductions, the technical project has to comply with the regulations in force at the time of legalization.
It is worth noting that in order to apply this legalization procedure to land included within the scope of Law 1/1991, of 30 January, on natural spaces and urban planning in the areas of special protection of the Balearic Islands, it must be understood that it has prescribed the action to restore urban legality if the completion of the construction, construction or installation or implementation of the use before 10 March 1991 is credited.
The extraordinary legalization is subject to the payment of the same fees and taxes (ICIO) provided for in the regulations for new buildings, constructions or installations, but in addition an economic contribution must be paid to the town hall (the legislator has conditioned that the amounts entered for this concept must be allocated to the acquisition, recovery, protection and sustainable management of spaces and natural resources or to the endowment of municipal land) consisting of:
(a) 10 per cent of the cost of material execution (to be calculated according to the values corresponding to the date of the application) of the building, construction or installation subject to extraordinary legalisation on file if legalisation is requested in the first year of the validity of this procedure.
(b) 12. 5% if requested in the second year.
(c) 15% if requested in the third year.
It should be noted that natural persons, not legal persons, are subject to a reduction in the payment of the above-mentioned economic benefit by the following percentages:
(a) In the case of taxpayers, the total tax base of which, calculated on the average of the last four fiscal years, does not exceed EUR 33 000 in the case of individual taxation or EUR 52 800 in the case of joint taxation.
(b) In the case of taxpayers, the total tax base of which, calculated on the average of the last four fiscal years, does not exceed EUR 52,800 in the case of individual taxation or EUR 84,480 in the case of joint taxation.
The maximum period to resolve and notify the final resolution to the interested party is 6 months, and the effect of the expiry of this maximum period entitles the interested party to consider the application for negative silence dismissed, without prejudice to the obligation of the city council to resolve and notify the express resolution.
Paragraph 7 in fine of the DA7a stipulates that a decision under which a licence for the extraordinary legalization of a dwelling is granted, if applicable, must expressly state the prohibition of it being used for the marketing of tourist stays (ETV), and this condition of the licence must be entered in the Land Registry within 3 months, together with the deed of declaration of new construction of the dwelling.
Undoubtedly the reference procedure will be fully applied in the area of our Autonomous Community, probably with a massive reception among the Balearic citizens, and we will inevitably see how thousands of buildings, constructions, installations and existing uses in rustic soil are welcomed to have the stamp of "legal".
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