FAQs

  
  
WHAT ARE THE BENEFITS OF LEGALISING YOUR CONSTRUCTION?

Legalising your construction reports great benefits, amongst which one might outline the following:

- A legal property has greater market value and is easier to sell than an illegal one. Many of the potential buyers would never even consider buying an illegal property. 
- Your property would be completely legal and would acquire all legal rights. Amongst other things, you could no longer be penalised by the sanctions established in the new Land Regulation for the inappropriate residential use of rural land or in case of expropriation you would have the right to the corresponding compensation, etc. 
- If you keep your property in an illegal situation, you could not apply in the future for licenses to increase the volume or to maintenance and renovation hence deteriorating and loosing value in time.
- Legalising your property, you could obtain your first occupation licence and the habitation certificate. These documents are mandatory and without them a hypothetical buyer could not change the ownership of services such as home water supply or increase the electricity power, amongst others. 


COULD I BE PENALISED IF I DO NOT LEGALISE MY PROPERTY?

Yes. Before the sanction of the new land regulation, if the urban infraction had expired there was no further possibility of penalisation. But now, the new Land Regulation establishes as punishable any urban use of the land different to its legal use, i.e. even if the illegality of the construction in rural land has prescribed, the residential use could be penalised. Penalisations include fines from 20 to 100 % of the value of the property, suspension of the residential use therefore being forced to abandon the property and the cease of supplies such as water or electricity. 


WHICH STEPS SHOULD I FOLLOW?

First, it is necessary to carry out a previous study in order to determine if the property could be legalised, the right procedure according to regulations and the cost of the legalising process. 

We can carry out this study. It is not convenient to consult the city council. There have been cases of owners of illegal properties that cannot be legalised that are informing the city council of their irregular situation, causing in return the opening of an administrative file for urban infraction with serious consequences. 

Once the study has been completed, if your property can be legalised and you wish to continue with the process, we would be in charge of the rest. For those cases where legal advice is necessary and if you do not have your own lawyer, CERTIMALLORCA has signed a collaboration agreement with the prestigious law firm BUFETE FRAU.


HOW MUCH DOES THE LEGALISATION COST?

Each case is different. Therefore, it is not possible to establish a fixed cost, since it depends on a variety of factors such as the type of procedure, if it’s a total legalisation or only partial, the necessary works, etc. Once the previous study of your property is carried out, we will be able to give you the estimate for legalising your property. 
  
  
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