Thinking of building a house on rustic land in Mallorca?

Many people want to build a house away from the city to enjoy the landscape and climate of Mallorca. Towns such as Andratx, Calviá, Soller, Valldemossa, LLucmajor or  Santany offer hundreds of rustic properties for sale on which you can build houses for your enjoyment.

However, there is a long and complex set of regulations that it is important to take into account before buying a finca, as there is a possibility that the construction of houses on the plot may not be allowed.

Construction regulations on Mallorcan rural land

In the Balearic Islands there are different laws and regulations that must be taken into account when you want to build on rural land. First of all we will have to take a look at the new Law 12/2017, of December 29, of urban planning of the Balearic Islands  which describes all the basic basic rules of urban planning character that affects the different islands. 

As for Mallorca, there is also the Insular Territorial Plan of Mallorca (PTIM), which  categorizes the soils in different classes, besides describing with more accuracy the characteristics and requirements that the rustic plot must have in the case that we want to build a house.

Finally, we will have to study the General Urban Development Plans (PGOU) or the Subsidiary Norms (NNSS) of the municipality in which our plot is located to see what additional norms we will have to respect.

We are going to try to enumerate all the indispensable requirements for the construction on Majorcan ground of single-family houses, so that you do not have any legislative problem. 

Information on the category of rustic land.

Mallorca is characterized for having a multitude of different types of land within the rustic category, which has to make us doubt about the place of construction of our building. As we are now focusing on residential use, you should know that only one dwelling is allowed to be built on each plot. The prohibition of building, therefore, applies to the following soils:

  1. All Territorial Protection Areas (called APTs)
  2. All the areas considered Natural Areas of Special Interest (abbreviated ANEI)
  3. The natural areas that have the qualification of High Level of Protection (or AANP).
  4. Growth Transition Areas (GTA-C)
  5. Areas considered Rural and Wooded Landscape Areas of Interest (ARIP-B)

There are other zones that, on the other hand, allow construction as long as all the proposed requirements are met, according to rule 20 of the Territorial Plan of Mallorca. These areas are:

  1. The Risk Prevention (called RPAs)
  2. Those involving Agricultural Interest (AIA)
  3. Rural Areas of Landscape Interest (ARIP)
  4. Harmonization Transitions (abbreviated AT-H)
  5. Rural soils of both General Regime (SRG) and General Forestry Regime (SRG-F).

How much land should I have?

In addition to having a plot with a category suitable for building a single-family house, we will have to see that the plot has a minimum surface area to be able to build a house. This minimum surface area is indicated in the Mallorca Island Territorial Plan (PTIM). It is essential to remember that these regulations are about minimum plot sizes in Mallorca, but may vary in each municipality, and may require minimum plots of up to 200,000 square meters at one end. The so-called “minimum units” contemplated by the current laws are:

  1. 14,000 square meters
    1. For Harmonization Transition Areas
    2. For rustic land under the General Regime
    3. For Areas of Agricultural Interest
  2. 50,000 square meters
    1. Areas considered to be of Landscape Interest
    2. For rustic land under the General Forestry Regime

However, as we have previously pointed out, these are the minimums established by the Consell de Mallorca, being usual that many municipalities increase the minimum surfaces, for this reason it is important to check also the municipal regulation to which the rustic plot belongs.

Are there any other rules we should be aware of?

We have already seen the zones and their respective restrictions, but you must not forget that there are many other limitations that you must respect if you want to comply with all the regulations. The general requirements for construction are summarized as follows:

  1. Please note that the construction zone must not be generally prohibited and, otherwise, you must comply with all the conditions set forth in the municipal regulations to the letter.
  2. You must remember that, as mentioned above, only one dwelling per plot is allowed.
  3. There are limitations that depend on the date of plot partitioning, and these can be separated into three very well differentiated groups.
    1. Dwellings divided before 16/07/1997No construction limitations apply.
    2. Dwellings divided between 07/16/19997 and 10/13/1999The construction of a single-family dwelling is permitted in these cases as long as the total number of subdivisions of a single parcel does not exceed five, counting, of course, the main property. This limit can be exceeded by returning to a regulated subdivision.
    3. Parcels divided after 10/13/1999The construction of single-family dwellings is totally prohibited unless the plots come from the first division of a plot that was donated or inherited in such a way that it was passed from parents to children. This rule is also limited, and each child can only have one plot.

In compliance with these regulations, construction is permitted on rural land authorized for this purpose.

Is there a construction maximum?

Of course. There are restrictions for minimum and maximum construction in the different zones, and you should consult and read carefully the regulations at the town hall in order to respect them correctly. Even so, it should be the architect in charge of the house himself who takes into account all the guidelines and applies them correctly. Here are some of the most important limitations:

  1. The maximum area on which you can build varies between 2% and 3%, depending mainly on the qualification of the land on which you will build:
    1. In ANEI, ARIP, APT, SRG-F and AIA soils, 2% of the parcel surface.
    2. In the rest of the soils, 3%.
  2. The maximum occupancy rate ranges between 3% and 4%, and this also depends on the characteristics of the land itself.
    1. In ANEI, ARIP, APT, SRG-F and AIA soils, 3% of the plot surface.
    2. In the rest of the soils, 4%.
  3. The maximum height at which a building can be built is 8 meters from the first floor to the top of the house or 2 floors, whichever comes first.
  4. Porches shall not have a surface area greater than 20% of the total surface area of the rest of the dwelling.
  5. Aesthetics is also regulated, respecting the character and tradition of Mallorcan construction, taking care of the colors and materials used in the construction of the building.  the facade to blend in with the environment, using sloping roofs of Arabic tile, wood carpentry or similar materials, and in general everything that respects and is reminiscent of the character so characteristic of our land.
  6. All land belonging to the plot itself that has not been used for the construction of the dwelling must be left in a completely natural state or, failing that, in the form of agricultural, forestry or livestock exploitation.

Thinking of building a house on rustic land in Mallorca?

Once you have reviewed the most basic legislation, it is time for you to contact an architect and finish making the necessary checks to confirm that you can build a house on the plot you are interested in.

we can advise you from the first moment on how to build a house in rustic land and help you to build one. 

Do not hesitate to contact us and we will be happy to help you through the whole process!

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