Minimum Buildable Plot on Rustic Land: Mallorca

Construction on rustic land is a controversial topic throughout Spain; in fact, it is one of our clients’ most frequent inquiries:

The rustic land law in Mallorca: what does the current regulation say?

Let us proceed step by step.

The current regulation for construction on rustic land currently allows the construction of detached single-family homes in certain situations.

Under no circumstances can we build a multi-family dwelling or a building intended for other uses.

First of all, we must verify the category of our rustic land, as this will determine whether we can build or not.

The types of land on which construction will not be permitted under any circumstances are:

– High Level Protection Areas (AANP)

– Natural Areas of Special Interest (ANEI)

– Rural Areas of Landscape Interest – Wooded (ARIP-B)

– Territorial Protection Areas (APT)

– Growth Transition Areas (AT-C)

These categories are excluded from urban development and protected for the preservation of the natural environment.

On the other hand, if our land falls under any of the following categories, we may build our house provided we meet the imposed requirements.

– Rural Area of Landscape Interest (ARIP)

– Risk Prevention Area (APR)

– Area of Agricultural Interest (AIA)

– Harmonization Transition Areas (AT-H)

– General Regime Rustic Land – Forestry (SRG-F)

– General Regime Rustic Land (SRG)

In these cases, what will determine whether we obtain a building permit will be the square meters available and the year in which the plot was registered.

Conditions for building a dwelling on rustic land in Mallorca

The planning regulations of the Territorial Plan of Mallorca establish what conditions our plot must meet in order to build a single-family home and what parameters the construction of the dwelling must comply with.

Let us examine these regulations in detail:

1. That it is not expressly prohibited

That in the area where construction is intended, it is not expressly prohibited by the general planning and that the conditions it establishes are met.

The Territorial Plan that sets out all these conditions is always subject to general planning which, on certain occasions, may assign different conditions for some areas.
We must always verify the general planning, although there are few cases that differ from the Territorial Plan.

2. Only one dwelling per plot

According to Article 25 […] only one dwelling per plot may be authorized. This requirement will also apply to ARIP zones defined in Law 1/1991, of January 30, on Natural Spaces and Urban Planning Regime of Special Protection Areas of the Balearic Islands.

That is, only one single house per rustic land plot in Mallorca can be authorized.

3. Morphology of the construction

When the implementation of single-family dwelling use involves the construction of a new building or a change of use of existing ones, it must comply with the following requirements:

– Auxiliary dependencies to those of a house cannot be built.

This regulation refers to spaces such as workshops and aims to prevent a large number of rooms from distorting the single-family character of the dwelling. Of course, the living room, dining room, kitchen, bedrooms, and bathrooms are considered basic rooms for a dwelling and will not pose any problem.

– All rooms that are part of the house must be in the same building. The objective of this regulation is to conform to the image of a single-family home, as in the previous case.

– They can only be built in separate buildings provided there are complementary uses and the built surface complies with that established by law.

4. Minimum buildable plot on rustic land in Mallorca

Point 4 refers to the square meters necessary to build a house.

Here, the Territorial Plan divides the categories we have seen before into 2 groups and assigns a minimum surface area to each group.

On plots classified as General Regime Forestry Rustic Land (SRG-F) and Rural Areas of Landscape Interest (ARIP), a minimum of 50,000 m² of plot is established.

In contrast, in Areas of Agricultural Interest (AIA), Harmonization Transition Areas (AT-H), and General Regime Rustic Land (SRG), the minimum buildable plot on rustic land is 14,000 m².

In the case of Risk Prevention Areas (APR), the minimum plot is that which corresponds to the underlying rustic land classification.

5. Deadline dates for registration of a plot on rustic land

Another requirement set by the Territorial Plan is that the division of the plot in question must have been carried out before a certain year.

In general, the division, fragmentation, or segregation of the plot must be from before July 16, 1997. In this case, there are no further limitations regarding dates.

On plots that have been segregated between July 16 and October 12, 1999, a dwelling may be built when the separation has not resulted in more than five independent units.

On the other hand, on plots that have been divided from October 13, 1999 onwards, a single-family home may only be built on those that have been fragmented due to a donation or inheritance.

So, can you build on rustic land in Mallorca?

Alright, a lot of information in a short time. To summarize all this regulation, we can say that a single-family home can be built provided that:

– The plots are classified as General Regime Forestry Rustic Land or Areas of Agricultural Interest and have a minimum of 50,000 m².

– The plot is classified as Area of Agricultural Interest, Harmonization Transition Area, or General Regime Rustic Land and is at least 14,000 m².

– The division of the plot was carried out before July 16, 1997. If it has been segregated afterwards, our plot must meet certain conditions regarding the land registration.

– They comply with buildability regulations, occupancy, maximum height, among other conditions that may be defined by each municipality or by the land classification.

Complying with the minimum buildable plot on rustic land in Mallorca can benefit us both for our personal use and for a potential sale. That is why it is important to verify whether we can build on our plot or not and under what conditions.

Changes in the rustic land law in Mallorca: is the minimum buildable plot being expanded?

In recent months, several news reports have raised alarms among owners of properties classified as rustic land, as it appears that the Council of Mallorca intends to modify the minimum rustic plot on which construction is permitted in order to preserve the island’s natural landscape, which has been so degraded in recent years due to real estate speculation and the massive arrival of foreign investors, mainly of German origin, who in recent years have shifted from seeking properties near tourist locations to becoming interested in rural properties that in many cases end up being converted into tourist accommodations.

And although there is nothing against tourism, which is one of the island’s main economic drivers, it is important to preserve a balance and protect areas of landscape or natural interest such as areas classified as rural.

For this reason, the debate on expanding the minimum buildable plot on rustic land is open.

In this regard, the Council of Mallorca is studying increasing the minimum plot that was established until now at 14,000 m² and moving to a minimum surface area for building on rustic land of between 21,000 and 28,000 m².

Although there is no fixed date yet, platforms in favor of protecting the natural landscape such as “Més per Mallorca” are calling for this new condition to be approved immediately to prevent last-minute permits. While the news appearing in the press is contradictory and highlights the lack of political agreement on the subject, the controversy is served and the general nervousness of owners of rustic properties below these 21,000 m² is evident.

What should we do if we have a rustic plot in Mallorca?

Given the circumstances, our office has received a flood of inquiries in recent months from Mallorcan property owners concerned about the possible impact on their rustic plot due to the potential regulatory change.

Our recommendation, in case the plot is currently in a position to build and with the expectation that it could be affected by the regulatory change, is always to apply for a building permit.

How do we request a building permit for rustic land in Mallorca?

Well, here is the key: the fact is that at Slow Studio we have carried out several projects in recent months for rustic plots; in this sense, the cost of creating a standard project solely to apply for a building permit is very reasonable and the process can be completed quickly.

It involves submitting a basic project to the municipality which, once approved under permit, may or may not be built but gives us the guarantee that if the regulations change in the coming months, we will have a plot for which a building permit was requested prior to the change in the rustic land law in Mallorca and therefore, we will still be in a position to build or to sell the plot with a construction permit, something that will considerably increase its value.