Of the 233 applications submitted in the five municipalities of the island, only one file has been approved to regularize illegal works on rustic land following the Decree Law 3/2024 of urgent measures of simplification and administrative rationalization of public administrations, published on May 28, 2008. May 28th 2024 in the BOIB, transformed into law in the BOIB, transformed into law in December and approved by the Consell Insular de Ibiza in March of this year.
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The plenary session of the Consell de Ibiza approves the urban amnesty: what are the requirements to legalize constructions on rural land?
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Urban planning amnesty: the changes that make it easier to regularize illegal works for thousands of Ibiza property owners
This is reflected in a survey conducted by La Voz de Ibiza before the city councils of Vila, Sant Joan, Sant Josep, Sant Antoni and Santa Eulària.
In the only municipality where, for the moment, no extraordinary regularization is being processed is in Ibiza: “We have had several conversations with interested parties, but there is still no record of the presentation of technical projects,” they explained to this media.
For his part, the president of the Pitiusa Demarcation of the College of Architects, Lluís Olivasaid that “the forecast is that people, now that the regulations seem to have stabilized, begin to present before the increase in the fine that will be from the second year”.
As of June, a hundred homes built without a license or out of order had been presented for legalization. “As of today we are close to 200, although I do not have exact data,” added Oliva.
Municipality by municipality
The only file closed and approved to date is in Sant Antoni de Portmany .
As explained by the City Council, they have received “57 applications within the process of extraordinary legalization of housing on rural land provided for in the decree law of administrative simplification”.
“The municipal technicians are processing these files and, for the time being, one of the applications submitted has been authorized,” they detailed.
In Santa Eulària they are also at an advanced stage with the procedures: of the 80 extraordinary legalizations presented, 68 are already being processed, as confirmed to La Voz de Ibiza.
In Sant Joan there is no file in process. “There have been 36 records of entry related to this issue, but for now they have not been resolved since, in some cases, injunctions have been requested,” they explained.
While in Sant Josep there are 60 applications registered and added from the City Council that “we will take stock soon”.
Formentera, in the air
Formentera is the only Balearic island that has not yet validated the urban planning amnesty promoted by the administration of Marga Prohens to resolve the situation of buildings on unprotected rural land for irregularities prescribed.
The Govern did not want to encroach on the competences of the councils and has given the island governments the last word as they manage the territorial planning in the application of the measure of grace. Ibiza, Menorca and Mallorca have said yes and the measure is already in force in the three islands, unlike Formentera.
In August last year, in the midst of the institutional and political crisis that the island was going through, the Consell Insular explained that “for the moment it is not a priority“.
More than a year later, it seems that the assessment of the consistory has not changed, although the scenario has, with the reestablishment of the Governing Board last December, after the removal of former president Llorenç Córdoba.
When asked by La Voz de Ibiza, they responded this week that “this is not going to this plenary session“, although they did not give details as to whether the proposal is on the agenda.
The most important points of the urban development amnesty
1. Easier statute of limitations for illegal works
The requirements to prove the date of completion of illegal works are relaxed.
Any legally admissible any legally admissible means of proof (technical reports, testimonies, photos, historical documents…), following the evaluation criteria of the Civil Procedure Law. This implies an evidentiary standard less restrictive than the previous one.
2. Works are allowed in illegal buildings
Constructions considered out of order may receive maintenance, safety, sanitation, repair, consolidation and alteration works. maintenance, safety, sanitation, repair, consolidation and alteration works..This is not a legalization, but it does authorizes necessary improvements without requiring total regularization.
3. Extension of the margin for extraordinary legalization
The three-year term to legalize buildings on rural land does not apply from the entry into force of the decree, but from the moment of the request for legalization. moment of the applicationprovided that the infringement is already time-barred.
This allows constructions with violations that are still in force to be eligible if they are they are time-barred within the three-year period.
4. Administrative silence changes from negative to positive
If the administration does not respond within six months, the application will be considered approved by positive approved by positive silenceunless there are grounds for inadmissibility.5. Specific regulation for protected rural land
For buildings in specially protected areas, the statute of limitations is only recognized if, in addition to the expiration of the statutory period, it is proven that the work or use already existed before it became prohibited. before it became prohibited..
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