Legalizing Properties in Ibiza: New Opportunity under Decree Law 3/2024


The Balearic Government has approved Decree Law 3/2024, dated May 24, which includes urgent measures to simplify and streamline public administrations in the Balearic Islands. Among these measures is a procedure for legalizing constructions built on rustic land that are out of regulation.

Which Homes Can Be Legalized?

The decree allows the legalization of homes on rustic land that were built without complying with urban planning regulations, provided they were constructed no more than 8 years before the new regulation came into effect.

Special Cases:

  • Protected Rustic Land: Homes built before May 29, 2014.
  • Special Protection Areas: Homes built before March 10, 1991.

Excluded Buildings

The following buildings cannot be legalized under this procedure:

  • Homes subject to expropriation, mandatory transfer, or demolition.
  • Homes on public land, in road protection zones, or coastal easements.
  • Rural hotels or agritourism that require public and limited rights or quotas.
  • Homes with activities requiring a general interest declaration that has not been approved.

Legalization Procedure

The procedure involves paying a financial penalty and adopting environmental measures. The penalty varies depending on when the legalization occurs:

  • First Year: 10% of the building’s value.
  • Second Year: 12.5% of the value.
  • Third Year: 15% of the value.

There is a 50% reduction for owners with average taxable income below €33,000 (individual) or €52,800 (joint) over the last four fiscal years. A 25% reduction applies for incomes below €52,800 (individual) or €84,480 (joint).

Owners’ Obligations

In addition to paying the penalty, owners must submit a technical project to adapt the home to current environmental sustainability standards, including:

  • Reducing light pollution.
  • Increasing energy and water efficiency.
  • Using sustainable materials and techniques, generating renewable energy, installing water tanks, and water treatment systems.

Legalization Deadline

The procedure must be initiated within 3 years of the decree’s entry into force. The applicable penalty percentage depends on the year of legalization.

Procedure Location

Legalization procedures must be carried out at the town hall corresponding to the municipality where the home is located.

At Roig Ruiz Lawyers, we specialize in Urban Planning Law in the Balearic Islands. If you need advice on legalizing your home, do not hesitate to contact us. We are here to help!

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