To build a new home on the island, you will need to obtain the necessary building permits in Mallorca and, secondly, understand the regulatory and legal framework that governs the construction of new homes in the Balearic Islands, and specifically on the island of Mallorca.
Read on to find out what licenses you need to build a home in Mallorca and what steps you need to follow to apply for them.
Law on New Construction in Mallorca
Before going any further, you need to know that new construction in Mallorca is regulated by:
Law 12/2017, of December 29, on urban planning in the Balearic Islands, which establishes the requirements for the construction of new buildings.
The Balearic Islands Urban Planning Law (LUIB), which regulates both the granting of urban planning licenses and their timeframe.
Furthermore, the Municipal Regulations of each municipality in Mallorca contain ordinances that may vary regarding fees, deadlines, and the documentation required. Therefore, we always recommend consulting the regulations of each specific municipality to learn about local specifics.
Major Works License: The License You Need to Build New Construction in Mallorca
A major works permit is required for any project involving the construction of a new property or permanent structure (single-family home, commercial building, etc.).
A major works permit must be requested from the relevant city council. The following documents must be submitted with the application:
- A complete technical project prepared by a certified architect, which must include detailed architectural plans, a descriptive report, structural calculations, and technical specifications.
- The Material Execution Budget (MEB): This is the detailed estimate of the costs of the project. This budget does not include VAT, professional fees, or other indirect costs. It is necessary for calculating the fees to be paid, which are usually between 21 and 31 of the budget.
- Legal documentation such as proof of land ownership or owner authorization.
- Environmental Impact Study: Depending on the municipality and the characteristics of the project, you may need to submit this report, which evaluates the environmental impact of the new construction.
- Certificates and other additional reports: Depending on the project, you may also be required to submit, for example, a geotechnical appraisal.
With these documents, you would be proving the technical, legal, and economic viability of your project. The relevant municipal authority must evaluate the project using this documentation and issue the major works permit.
Major Works Permit in Mallorca: What is the Process?
First, you must submit the application to the city council of the municipality where you want to build. Generally, you can do this online, although in some municipalities, this process may not yet be available online and you may need to attend in person.
You must submit the application form specific to your city council along with the requested documentation (as mentioned in the previous section).
Remember that each municipality may have specific additional requirements, so we recommend checking local regulations.
Once the application is submitted, the city council will evaluate the project within a period of up to three months. If it meets all the requirements and the fees are paid, a major works permit will be issued, which will have a specific duration. For example, it is common to find permits that establish a minimum start date of six months and a maximum completion date of three years.
Particularities at the Municipal Level regarding Building Permits in Mallorca
As we've already mentioned, although the general regulations apply to all of Mallorca, each municipality may have additional requirements for processing building permits in Mallorca.
Therefore, we recommend that you review local regulations before starting your project. This includes the General Urban Development Plan (PGOU).
Your project will need to adapt to local limitations in terms of buildability, density, aesthetics, and other technical aspects.
Remember that fees and deadlines vary from municipality to municipality. Therefore, we recommend contacting the municipal administration for detailed information.
What are the consequences of building in Mallorca without a license?
We do not recommend undertaking any new construction in Mallorca without the proper permit, as the consequences could be serious:
- First, you would face financial penalties and hefty fines, as it is a "serious" urban planning violation.
- Secondly, you could be forced to demolish the work or have to regularize it through a new procedure, which would entail additional costs and delays.
- Finally, you should know that a home built without a permit would have significant difficulties registering with the Property Registry. This means that both the sale and financing of the property would be very difficult.
Obtaining a building permit in Mallorca is not only required by law, but also offers several benefits, such as:
- Ensure that the work is carried out in accordance with the law, which provides legal certainty and avoids penalties.
- Greater equity value and greater ease for future transactions or financing.
We are a construction company in Mallorca with more than 50 years of experience.
At Armalutx, a construction company in Mallorca, we have more than 50 years of experience in the construction of new housing in Mallorca. If you're interested in starting a new construction project, contact us today and request your personalized quote.
We'll be happy to answer any questions you may have about building permits in Mallorca.
