Houses on Rural Land in the Balearic Islands

Houses on Rural Land in the Balearic Islands: What You Need to Know Before Buying or Selling

Real Estate and Tax Law in Spain

Buying or selling a rural property (finca rústica) in the Balearic Islands can be complex — with numerous legal, environmental, and technical factors that must be carefully reviewed before completing the transaction. At Frau Legal, our real estate law experts explain what you need to know and which documents are essential to ensure a safe and legal sale or purchase.

1. Main regulations governing rural properties in the Balearic Islands

When dealing with country homes, several overlapping laws and decrees must be considered. The most relevant include:

Law 2/2014, of 25 March – Planning and use of land (especially the 10th temporary regulation).
Law 6/1997, of 8 July – On rural land in the Balearic Islands.
Law 1/1991, of 30 January – Natural areas and protection system of the Balearic Islands.
Law 12/2014, of 9 July – Agrarian Law of the Balearic Islands.
Decree 17/2017, of 21 April – On the exoneration of agricultural activity.
Decree Law 1/2016, of 12 January – Urgent measures in planning matters.
Territorial Plans of Mallorca, Ibiza, and Formentera (PTM, PTI).
Municipal General Plans (PGOU) and subsidiary regulations of each Town Hall.

These establish what can (and cannot) be built, the minimum land requirements, and the protection levels of each plot.

2. Essential documentation for the legal review

Every case is unique, but before purchasing or selling rural land, the following documents are generally required:

Registry and ownership details

Simple Note (Nota Simple) from the Property Registry.
Title deed (purchase, inheritance, donation, etc.).
Any encumbrances, such as mortgages or easements.

Planning documentation

Building license and approved construction plans.
Non-infringement certificate from the Town Hall and Consell Insular.
Final building certificate (final de obra).
Updated floor and aerial plans.

Land Registry (Cadastre)

Cadastral reference number and certificate.
Plot location and boundaries.

Technical and surveying data

Topographic survey, including slopes above 20%.
Map showing access rights or right of way.

Utilities and installations

Valid certificate of habitability (cédula de habitabilidad).
Latest bills for water, electricity, gas, etc.
Well authorization, if applicable.
Energy efficiency certificate.

3. Step-by-step legal and technical study

Once all documentation is collected, a due diligence process must be conducted to assess the property’s legal and physical status.

3.1. Basic pre-scan

Verify the legality of all constructions.
- Buildings erected before 1956 are considered legal by age.
- Later constructions must have a valid building license.
Identify the land classification (SRG, ARIP, ANEI…).
- Properties built in protected zones (ANEI or ARIP) after March 10, 1991 cannot usually be legalized unless covered by special temporary regulations.

3.2. Surface and buildability

To build a house on rural land, the minimum required surface in Mallorca is:

50,000 m² – For Rural Land under General Forest System (SRG-F) or Rural Areas of Scenic Interest (ARIP).
14,000 m² – For General Rural Land (SRG), Agricultural Interest Areas (AIA), or Temporary Compatibility Areas (AT-H).

Also, beware of preferential rights:

Between neighbors, for plots under 10,000 m² (Art. 1523 Civil Code).
Between co-owners (Art. 1522 Civil Code).
In rental contracts, for the tenant (Art. 25 LAU).
For the regional government in protected areas.

If applicable, the waiver of preferential rights must be formally obtained.

3.3. Registry and ownership review

Verify that mortgages or liens are cancelled on or before the signing of the sale.
Check for short-term builder loans or registered easements.
Ensure there are no legal limitations (bankruptcy, claims, or prohibitions on sale).
Remember: the property remains subject to tax value review for five years after transfer.

3.4. Comparison between actual and approved state

A qualified architect or technical engineer should verify:

Whether the building matches approved plans.
Whether setbacks, building heights, and volumes comply.
Whether any unlicensed additions exist.

3.5. Utility checks

Ensure the property is fully equipped with legal and functional water and electricity connections, valid permits, and no hidden costs for reactivation.

Why legal advice is essential

Buying or selling a house on rural land without proper verification can lead to severe legal and financial risks — from unregistered buildings to planning sanctions or annulled sales.

At Frau Legal, we specialize in rural property transactions throughout the Balearic Islands. Our team conducts comprehensive legal and technical due diligence so that you can buy or sell your rural property safely, transparently, and confidently.

Houses on Rural Land in the Balearic Islands

Houses on Rural Land in the Balearic Islands: What You Need to Know Before Buying or Selling

1. Main regulations governing rural properties in the Balearic Islands