The Plenary of the Constitutional Court has decided to admit the appeal filed against the Balearic law that regulates the so-called “strategic residential projects”. The action has been promoted by various citizen entities and has the formal support of more than fifty deputies of the Socialist, Sumar/Més and Mixed (Podemos) groups, in addition to the work of the corresponding legal teams.
Law 4/2025, approved by the Balearic Parliament, allows the construction of housing on rural land without prior provision of services in municipalities with more than 20,000 inhabitants, as well as on urban and developable land in towns with more than 10,000 inhabitants. It also authorizes these projects to modify the conditions of the municipal plans in force, increase the maximum residential density foreseen and raise the buildability coefficients.
According to its critics, this regulation may leave aside basic urban planning needs, such as the provision of parking lots, water supply networks or other essential elements. In addition, the developments covered by the law benefit from the so-called “positive silence”, which facilitates processing in the absence of an administrative response.
Four key arguments of the appeal
The appeal for unconstitutionality admitted is framed in a context of defense of the territory, fundamental rights and the right to decent housing. From the territorial point of view, it argues that the law:
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It violates the principle of legal certainty and alters the hierarchy of norms, using exceptional mechanisms to suddenly modify urban planning and the regulation of rural land.
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It affects municipal and insular autonomy, as it imposes processes that dilute the competences of town councils and councils in favor of decisions adopted by the Govern.
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It does not comply with state legislation on urban planning, environment and protection of rural land, by establishing mechanisms of “positive silence” and express regularizations that may reduce citizen participation and environmental control.
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It reduces the protection of rural land, generating what the entities consider a “disguised amnesty” for activities and constructions that, under ordinary conditions, would have been declared illegal, creating inequalities among citizens.
Increased urbanization pressure on the countryside
The admission of this appeal is in addition to the one already being studied by the Constitutional Court against Law 7/2024, on urgent measures of administrative simplification. The entities denounce that the Parliament is promoting legal texts that, repeatedly, point to the rustic land, moving the urban pressure from the coast and urban areas to the countryside.
They claim that these intentions are usually presented under arguments such as the simplification of procedures, aid to the agricultural sector or the expansion of housing supply; however, in practice, they warn, speculative operations are being promoted on rural land.
Warning to municipalities
GEN-GOB warns that this admission to proceedings should also be interpreted as a warning to local councils. If the appeal is successful and the Constitutional Court declares the unconstitutionality of the law, it will be the town halls that have granted permits under the protection of this law who will have to face the consequences, including claims and pressure from developers.
The environmental organization has expressed its gratitude to all the people who have collaborated in the preparation of the appeal and is confident that it will be successful, noting that the Court’s decision is another step in the defense of the territory and against urban speculation in the Balearic Islands.
