We bought a finca near Sencelles in 2019. Now, while sorting through the paperwork, we’ve noticed that the addition (approx. 60 m², built around 2005 according to the previous owner) doesn’t appear anywhere in the land registry or cadastral records—apparently, it was never approved. An acquaintance mentioned that there’s currently an amnesty in the Balearic Islands, but the fee is now quite high. Is it even worth it anymore, or should we just leave it alone since the statute of limitations has expired anyway?
Automatically translated (original: German)
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A quick clarification, because these two things are often confused:
1. “Prescribed” means tolerated—not legal. An addition built in 2005 on rural land (suelo rústico) is generally prescribed (8-year period; applies to structures built before 2018). This means the municipality can no longer demand its demolition. However: The addition remains “fuera de ordenación”—you’re not allowed to remodel it, and when selling or financing the property, the lack of proper documentation regularly becomes a problem (banks and buyers’ attorneys scrutinize this closely).
2. In your case, there are two options: Since the construction is past the statute of limitations, the significantly more affordable “escritura de obra nueva por antigüedad” (registration based on age—technical certificate, notary, land registry, without compensation tax) is often a viable option. The construction amnesty (legalization under Decree-Law 3/2024, currently a 15% fee based on the construction value plus conditions) is particularly worthwhile if you plan to legally remodel or expand the addition in the future or need full legal certainty—it truly transforms “tolerated” into “legal.”
3. The deadline is approaching: The amnesty window closes in mid-2027, and a technical project is required—anyone wishing to take advantage of it should start in 2026. All details, costs, and a comparison of the two options can be found in our guide: Construction Amnesty in Mallorca—Is It Worth It?
Specifically, if I were you, I’d have an aparejador check the statute of limitations and the condition of the structure (the cost is manageable)—you can find German-speaking professionals in our directory. This isn’t legal advice, but hopefully it serves as a helpful roadmap.
Automatically translated (original: German)