Real Estate Law and Tax Issues
When selling a property or applying for a certificate of occupancy, it is not uncommon to discover that an urban planning discipline file was opened years ago. This situation can be worrying — and may even jeopardize the transaction.
In such cases, it is essential to visit the Town Hall with a lawyer specialized in urban planning law to review the open file, understand the situation in detail, and find an adequate and swift solution.
When Do Urban Discipline Files Expire?
According to the Urban Planning Law of the Balearic Islands (Law 12/2017, LUIB), the administration has specific deadlines to resolve an open procedure.
A file cannot remain open indefinitely — once the legal time limit expires without resolution, the procedure lapses automatically.
- Restoration of planning legality procedures: expire one year after the date of the initiation agreement (Art. 193.1 LUIB).
- Sanctioning procedures: expire one year after their initiation (Art. 195.2 LUIB).
Once that period has elapsed, any subsequent administrative resolution is null and void.
Why Is It Important to Declare the Expiry?
Declaring the expiry of a procedure allows the property owner to:
- Regularize the legal situation of the property.
- Continue safely with the sale or purchase process.
- Obtain necessary certificates or licenses without administrative obstacles.
Therefore, it is highly advisable to request the corresponding Town Council to issue a formal declaration of expiry, ensuring the legal certainty of the property.
Legal Assistance in Mallorca and Ibiza
At Frau Legal, our team of real estate and urban planning lawyers in Mallorca and Ibiza will be pleased to help you review your file, determine whether it has expired, and guide you through the process of requesting its closure.
