When you find a property in Ibiza that we are interested in purchasing, it is very important to conduct a preliminary inquiry into its legality before making any payment or assuming any obligations.
On this island there are a high number of buildings or extensions to existing buildings that do not comply with the existing planning rules and do not hold the necessary permits and, consequently, are not legal. This affects principally rural properties, many of which were built many years ago by their original owners who failed to apply for official planning permission to construct the properties. Furthermore, many such properties are located in areas that are protected and where construction of residential property is prohibited.
As a result of the foregoing , we would strongly recommend that a prospective purchaser of Ibiza property contacts a legal expert to advise on whether the type of building or extension in question may be successfully legalised or not. This will depend – among other things – on the exact location of the property, the size of the construction, build date , whether there are any disciplinary proceedings currently outstanding, from the local authorities, relating to the property – or not.
The good news is that we are currently under an amnesty by which it is possible to legalise an Ibiza property by payment of a small fine.
Failure to take advantage of the amnesty could lead to an inspection for illegal constructions, and an order for demolition of the property may well follow.
For example, not too long ago, an international musician, was penalised for the construction of an illegal property in St. Antonio. The Court of Palma condemned him to a term of six months in prison and a fine of 10,800 euros as the perpetrator of a crime against land management (delito contra la ordenación del territorio) during the construction of his residence in a rural Ibiza. The house was demolished in 2009 in compliance with a court ruling that declared illegal construction in 2001.
Therefore, it can be seen that it is critical to have clear answers regarding the legality of the construction before purchasing a home since a buyer could well have to deal with very high costs in order to legalise the property (assuming that this is even possible ) and could even be exposed to significant financial penalties by the competent authorities.
Accordingly it is not advisable to even consider trying to do this by yourself – always ensure that you have an independent lawyer to assist (not one recommended by any party to the conveyance who will receive fees/commission only if the conveyance goes ahead) to assist. Of course, at myAdvocate Ibiza, we are able to assist clients who may be concerned regarding the legality of any property that they are interested in acquiring.