Legalization of Buildings on Rural Land (LOUS)
Real Estate and Tax Law – Balearic Islands
The long-awaited General Regulation of the Land Law 2/2014, of 25 March, on the Planning and Use of Land (LOUS), was officially published in the Boletín Oficial de las Islas Baleares (BOIB) on 29 March.
This new step activates one of the most relevant provisions for property owners in the Balearic Islands: the extraordinary process for the legalization of existing buildings on rural land, known as the Provisional Tenth Regulation (Disposición Provisional Décima).
At Frau Legal, our real estate lawyers in Mallorca and Ibiza explain what this regulation means, who it affects, and how to benefit from it.
1. What does the Tenth Regulation establish?
The Provisional Tenth Regulation creates an extraordinary three-year period for the legalization of existing constructions on rural land, even including certain buildings located in protected areas, as long as they were built before 10 March 1991 (the date of the Law of Natural Areas).
This measure is designed to integrate older, expired constructions into current urban planning — provided that they no longer face active enforcement procedures or demolition orders.
In short:
- You have three years from the publication of the regulation in the BOIB to request legalization.
- The process applies to buildings where the urban infringement has already expired.
- It is not applicable to properties:
- Located on public domain land (e.g., coastal or public paths).
- Subject to expropriation or demolition orders.
- Carrying out activities that require a declaration of general interest.
2. Who can benefit from this extraordinary legalization process?
Owners of buildings on rural land (suelo rústico) that:
- Were built before 10 March 1991, and
- Have not undergone a change of use since then, and
- Are not located on public or specially protected land.
These buildings can now be regularized and incorporated into planning regulations “with all the rights and duties of a licensed building.”
3. Procedure for legalization
The process begins by submitting an application to the corresponding Town Hall, including:
- A technical report and plans describing the current state of the property.
- A project showing how the building will comply with the general environmental and landscape conditions set by the regulation.
- Payment of the corresponding municipal fees and taxes, as well as the legalization fine described below.
Legalization fines (depending on the year of application):
- 15% of the building’s assessed value if legalized in the first year.
- 20% in the second year.
- 25% in the third year.
All funds collected from these fines must be allocated to environmental protection and restoration, or to the public land heritage fund of the Town Hall.
4. Clarification on protected and special areas
Even though the regulation allows legalization for some protected lands, this only applies when:
- The construction predates March 1991, and
- It can be proven through documentation, aerial photographs, or cadastral records.
However, if the property lies within coastal public domain, expropriation zones, or territorial protection areas (APT), the legalization cannot be requested.
5. Legal and practical impact
This extraordinary procedure — which must be ratified by each Consell Insular — is an opportunity for hundreds of property owners to regularize old rural constructions and avoid future legal uncertainty.
Benefits for property owners:
- Obtain full legal recognition of your rural building.
- Ensure compliance with urban and environmental regulations.
- Facilitate future sales or inheritance of the property.
- Increase the market value of legalized properties.
However, it is essential to act quickly and with expert legal guidance, as the three-year period begins from the publication date in the BOIB.
6. Legal advice from Frau Legal
Our real estate and planning law team in Mallorca and Ibiza has extensive experience assisting clients with rural property legalizations.
At Frau Legal, we handle:
- Verification of eligibility under the Tenth Regulation.
- Preparation of documentation and technical reports.
- Legal and administrative procedures before the Town Hall and Consell Insular.
If you own a rural property built before 1991, this may be your last opportunity to legalize it. Contact us for an initial consultation and personalized assessment.
📩 info@bufetefrau.com
📞 +34 971 22 80 36
Recommended resources
- Law 2/2014, of 25 March – Land Planning and Use of Land (LOUS)
- Official Bulletin of the Balearic Islands (BOIB)
