Buying Property in Ibiza

Buying Property in Ibiza

Ibiza Properties May Have Irregular Planning Applications

If you are buying property in Ibiza, 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 large number of properties or extensions to properties that do not comply with the current planning rules and nor do they 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 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.

Amnesty

The good news is that we are currently under an amnesty by which it is possible to legalise a construction 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.

Buying Property in Ibiza: example of fined and demolished property

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.

Related Services

1 Lawyer Offering Property Purchase Services in Ibiza, Spain

Testimonials for our Property Purchase service
  • Neil Linter
    Neil Linter, London

    Cristina immediately understood our requirements and was essential in guiding us through a very tricky process.


    Jul 24, 2018
  • A & AC
    A & AC, Surrey, England

    We bought a house in Ibiza and Cristina showed immediately a high degree of professionalism and deep knowledge of the whole process - from the initial offer to the final completion of the purchase.


    She also dealt on our behalf, with registering us with the utilities companies (Water, Electricity) and other things, for which we were really grateful.


    Cristina is a lovely young lady, always ready to help and very polite and her written and spoken english is so very good that there were never any communication problems. Our queries were dealt with quickly and, when needed, she offered explanations, suggestions and alternatives.


    All in all a very pleasant experience; we told her we wanted to retain her as our solicitor in Ibiza for any future needs and she readily accepted.


    Aug 21, 2017
  • Gillian Cook
    Gillian Cook, UK

    Cristina helped us with every aspect of a complicated house purchase.

    Cristina was understanding, very responsive, she went out of her way to help us. She also often was available outside of normal working hours. Nothing was too much trouble. The service was great value for money also.


    I have recommended Cristina to others, and would happily do so again. Cristina has recently undertaken some further work for us. Excellent service.


    May 07, 2017
  • Trevor Ralph
    Trevor Ralph, London

    I thought Cristina was friendly, approachable and completely professional, whenever I had a question about what was happening she answered my call or e mail quickly and found a resolution. She has been willing to assist me in all aspects of my purchase which has been really helpful to me coming from another country.


    I would have no hesitation whatsoever to recommend her to anyone that needed a lawyer and I would most definitely use her again if I need a lawyer in Spain.


    Oct 30, 2015