New Planning Law in the Balearic Islands (III): Planning Licences and Prior Communications
Before starting any construction, renovation, or change of use on a property in the Balearic Islands, it is essential to understand when a planning licence or a prior communication is required. Acting without the correct authorisation can lead to serious legal consequences, including fines and restoration orders.
In this article, our real estate and planning law specialists in Mallorca and Ibiza explain the key differences between these two procedures and what to do to avoid potential infringements.
What Is a Planning Licence?
According to Article 145 of the Balearic Islands Planning Law (LUIB), a planning licence is “the administrative act that grants authorisation to carry out actions involving transformation or use of land, subdivision, demolition, occupation, or exploitation of certain plots or properties.”
Article 146 of the LUIB specifies the actions that require a planning licence, including:
- Urban development and subdivision of plots.
- Earth removal, levelling, or dumping activities.
- Construction or extension of buildings that require a technical project.
- Installation of prefabricated or mobile structures, except in authorised camping areas.
- Total or partial demolition of buildings.
- Change of use of buildings or premises.
- Mass felling of protected trees or vegetation.
- Installation of outdoor advertising visible from public roads.
- Property fencing or plot enclosure.
- Creation of telecommunication or radio networks.
- Opening of new roads or access routes.
- First occupation or use of buildings and installations.
- Underground constructions for parking, industrial, or commercial purposes.
In short, any construction or modification of land or property that involves physical alteration or new use generally requires a licence.
What Is a Prior Communication?
The prior communication (Articles 145 and 148 LUIB) is a simplified procedure used for minor works or small improvements that do not require a technical project.
It consists of notifying the local Town Hall of your personal details and the description of the intended works. Once submitted, you may begin the works immediately — as long as they comply with all regulations — though the authorities retain the right to inspect or verify them at any time.
This system streamlines minor interventions while maintaining administrative control and accountability.
Consequences of Acting Without a Licence or Prior Communication
Carrying out works without the required licence or without submitting a prior communication constitutes a serious or very serious planning infringement under the LUIB.
In such cases, the Administration may initiate an urban planning infringement file that could lead to:
- Restoration of legality, requiring the owner to legalise the works or demolish what has been built.
- Fines and administrative sanctions, often substantial.
- Civil liability for damages caused to third parties.
- Criminal liability in severe cases.
According to Article 164 LUIB, the parties responsible include:
- Owners, promoters, and builders,
- Project managers and architects,
- And, in the case of companies, the legal entity itself, which will bear the cost of restoring the property and compensating affected third parties.
Legal Advice Before Starting Any Works
To avoid penalties, always seek advice from a specialised planning lawyer before beginning any works or modifications to your property. The requirements can vary significantly depending on the municipality and zoning type.
At Frau Legal, our team of lawyers in Mallorca and Ibiza offers expert guidance on urban planning procedures, helping you ensure that all permits and communications are properly filed — and protecting your property from costly legal consequences.
👉 Contact us today to discuss your situation confidentially.
