Legal Consequences of Non-Permissible Constructions and Works on Agricultural Land in the Balearic Islands
Building or extending a property in the Balearic Islands always requires a valid building permit. These permits are issued by the local City Hall (Ayuntamiento) following a technical report from the Consell Insular.
Carrying out any kind of construction without this authorisation can have serious consequences. The most common outcomes include fines imposed by the administration and demolition orders for non-permissible works. However, that’s not all — in certain cases, criminal liability may also apply.
Administrative and Criminal Consequences
In addition to administrative penalties under the Balearic Planning Law (LUIB), Article 319.2 of the Spanish Criminal Code establishes criminal penalties for illegal constructions on non-developable (rural) land.
“Owners, builders, or technical professionals who construct buildings or carry out works on land where a building permit is not allowed shall face imprisonment from 1 to 3 years, fines of 12 to 24 months, and disqualification from their profession for 1 to 4 years.”
The court may also order the demolition of the construction and the restoration of the land to its original state.
Who Can Be Held Liable?
Only those directly involved in the illegal construction can face criminal charges — typically the:
- Owner-builder
- Constructor
- Technical architect or engineer
However, buyers of a property with existing non-permissible constructions are not criminally liable. They may still face administrative sanctions, such as fines or orders to legalise or demolish the works.
What Are “Non-Permissible Constructions”?
The term refers to buildings or works that could never have obtained a licence, due to being carried out on protected or non-developable land.
This differs from works executed without a licence but which could have been legalised later — those cases are typically treated as administrative infractions, not criminal offenses.
When the illegality is irreversible (for example, building a home on protected agricultural soil), it becomes a criminal matter.
Possible Penalties Under Article 319 of the Criminal Code
- Imprisonment from 1 to 3 years.
- Fines equivalent to 12–24 months of income (or higher, if the illicit profit exceeds this amount — the fine can be up to three times the benefit obtained).
- Disqualification from professional activity for 1–4 years.
- Demolition of the construction and restoration of the site at the offender’s expense.
- Forfeiture of any profit obtained.
- If a legal entity is involved, it may face fines from 1 to 4 years, and in serious cases, suspension of activities or ineligibility to receive subsidies.
Duration of Criminal Liability
Criminal liability for this type of offense expires five years after the completion of the works.
What If I Didn’t Know the Works Were Illegal?
Ignorance of the law does not exempt liability. For criminal prosecution, it must be proven that the offender knew or should have known that a permit was required or that the works were not allowed.
However, negligence alone (without intent) is not enough to constitute a crime — it remains an administrative issue.
Legal Advice Before Building on Rural Land
Building on rustic or agricultural land in Mallorca, Ibiza, or Menorca requires careful compliance with urban planning and environmental laws.
Before starting any works, always consult both an architect and a specialised real estate lawyer to confirm whether the project is feasible and legally permitted.
At Frau Legal, our team advises property owners and investors on urban planning, building permits, and criminal risk prevention.
If you have doubts about your property’s situation or need assistance legalising existing works, contact us today via our contact form.
