For the first time in decades, owners in Mallorca can officially legalise unauthorised buildings on rural land (suelo rústico) – but only until mid-2027. The Balearic “building amnesty” (officially: the extraordinary legalisation procedure under Decreto-ley 3/2024) is the one chance for many finca owners to turn illegal extensions, pools or entire buildings into fully documented, legal property. If you are buying a finca, this deadline should be part of your due diligence.

What is the building amnesty?

In May 2024, the Balearic government created an extraordinary legalisation procedure. It allows buildings, extensions and installations on rustic land that were built without (or beyond) a licence to be legalised – provided the administration can no longer order demolition because the infringement is time-barred. “Tolerated but illegal” becomes “legal with full paperwork”.

The clock is ticking: applications are only possible for three years from the publication of each island council’s implementing decision – for Mallorca the window closes in mid-2027.

Which properties qualify?

  • Buildings on suelo rústico that are fuera de ordenación (non-compliant with current planning law)
  • The administration’s right to demand restoration is already time-barred (for pre-2018 buildings: usually 8 years after completion)
  • Protected land (nature reserves etc.) is subject to exclusions or special rules – case-by-case checking is essential

Key point for buyers: buildings erected after 2018 on rustic land never become time-barred – for those, the amnesty is usually the only path to legality, if they qualify at all.

What does legalisation cost?

  • Compensation levy (prestación económica): staggered by application year – 10% of the construction value in year one, 12.5% in year two, 15% in year three. Applications filed now already pay the top rate. Reductions exist for lower-income owners.
  • The usual taxes and fees as for a new build (construction tax ICIO, administrative fees)
  • A technical project: an architect or aparejador must prepare the legalisation project – typically several thousand euros

Example: an unauthorised 80 m² extension with a build value of €1,200/m² (= €96,000) currently costs about €14,400 in levy, plus taxes, fees and the project – realistically €20,000–25,000 in total. A lot of money, but often a fraction of the value a fully legal property gains at sale.

The conditions: environmental upgrades are mandatory

The legalisation project must include measures that improve the building environmentally – for example reduced light pollution, better energy or water efficiency (solar panels, rainwater tanks) and a proper wastewater solution compliant with the Balearic water plan (an old soakaway will not do).

What this means if you are buying

A seller’s “everything is fine, it’s all time-barred” is not due diligence. Before you sign anything:

  • Check what is actually registered (nota simple) and what physically exists – differences are the norm, not the exception
  • Ask whether the property qualifies for the amnesty and who pays for it – a €20,000 legalisation is a negotiating point
  • After mid-2027, an unlegalised building stays fuera de ordenación forever: no extensions, harder financing, lower resale value

FAQ

How long can applications be filed?

For Mallorca the three-year window ends in mid-2027. Since a technical project is required and town halls will be swamped towards the end, start no later than 2026.

Does the amnesty cover pools?

Yes – unauthorised pools on rustic land can be legalised if the requirements are met.

Can this be done without an architect?

No. The procedure requires a technical legalisation project by an arquitecto or aparejador.

Find English-speaking help for this topic: aparejadores, gestorías and lawyers are listed in our business directory.

Not sure which route fits your property? Ask the community – we answer.

Related reading: Buying property in Mallorca · Spanish tax for foreigners in Mallorca

Note: this is not legal advice. Last updated July 2026 – deadlines and procedures may change; the Consell de Mallorca’s official publications prevail.

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