In recent years, property owners in Mallorca have been presented with a unique opportunity: only until February 2028 does the law allow existing illegal fincas to be legalized retroactively. The basis for this is Decreto-Ley 3/2024, enacted by the Balearic Government in May 2024. It provides a temporary amnesty for certain rural buildings that were constructed without permits many years ago. Property owners now have the chance to secure their property legally and protect its value.
However, this window is strictly limited. Those who do not apply for legalization in time will lose the opportunity permanently – the property will remain illegal, with all consequences for sale, use, or future renovations. Acting quickly also has financial benefits: the earlier the application is submitted, the lower the penalty fees in addition to regular charges.
Why Legalization Is Crucial Now
An unapproved property in Mallorca is a risk. It is difficult to sell, cannot be legally rented, and planned renovations are inevitably obstructed. Legalization provides clarity: your finca receives a secure legal status, facilitating your own use while significantly increasing market value.
Legal Framework
Balearic building laws are complex and differ greatly from those in other countries. Additionally, each municipality has its own regulations and development plans. The current law introduces a special provision that complements this diversity but also adds extra requirements, particularly regarding ecological standards. For example, owners must provide proof of improved energy or water efficiency for their property to qualify for legalization.
Required Documents
To legalize a finca, comprehensive documentation must be submitted. This includes complete building plans, proof of construction year, and confirmation that no legal proceedings are pending against the property. These documents must be prepared by a licensed architect, who records the property and creates a technical project for the authorities. Often, additional expert reports are required to demonstrate compliance with new sustainability standards.
Challenges Due to Extensions
Many fincas in Mallorca have been extended over the years – with pools, terraces, or additional rooms. These extensions are often the biggest issue, as they were built without permits. The current law allows retroactive legalization only if the structures were built before the statutory limitation period and no proceedings are pending. Property owners must address these additions to fully legalize their finca.
Role of Architects and Experts
Without professional support, the process is nearly impossible. Architects not only record the property and prepare plans but also communicate directly with the authorities. In many cases, additional reports are needed to document energy improvements or compliance with environmental requirements.
The Path Through the Authorities
Legalization follows a clear process: the architect first examines the property and prepares the technical project. This is submitted to the municipality along with all supporting documentation. The authorities then review the files, which can take several months. Only after approval and fulfillment of all requirements does the property receive secure legal status.
Costs to Plan For
In addition to architect and expert fees, administrative charges, taxes, and penalties apply. The amount of the penalty depends on the timing of the application: early applicants pay less, while those who wait until the end of the period face significantly higher costs. An environmental levy is also imposed to fund re-naturalization and rural area protection projects in the Balearics.
Risks of Inaction
Failure to legalize a property by February 2028 not only leads to high penalties but also means the property remains permanently illegal. This prevents it from being sold or mortgaged, and future construction projects will be immediately halted. Owners risk losing significant value and jeopardize their entire investment.
Benefits of a Legalized Finca
A legalized property provides security and new opportunities. Owners can use their home without restrictions, plan long-term, and increase property value. For inheritance or future sales, a legally compliant property is a decisive advantage, as buyers place high value on full documentation and legality.
Finca Legalization in Mallorca – With the Right Partner
The opportunity to legalize your finca in Mallorca ends in February 2028. After that, there is no chance to bring existing illegal buildings or unauthorized extensions into legal status. The process involves many challenges: applications, expert reports, technical requirements, deadlines, and fees.
This is where Simplify Mallorca can help. We guide you step by step, working with experienced architects, experts, and lawyers to ensure your project proceeds smoothly. While we handle the formalities, you can enjoy the peace of mind that your property is legal, value-stable, and future-proof.
