Seniority rights of real estate is a recurring topic on Mallorca. The island is one of the most popular holiday destinations in Europe and attracts millions of tourists every year. Many of them dream of owning a property on the island, either as a holiday home or as their main residence. But there can be some pitfalls in the search for the perfect property. Especially when it comes to the issue of seniority rights of the property and legal real estate.
What Are Seniority Rights Of Real Eestate?
Existing seniority rights refer to the fact that a property built before certain laws or regulations came into force, may continue to be used. This applies even if it does not comply with current regulations. On Mallorca, this applies in particular to buildings that were built in the 60s, 70s and 80s without the necessary permits.
Are Seniority Rights Legal For Properties On Mallorca?
The answer to this question is not entirely simple and depends on various factors. In general, seniority rights are considered legal as long as the property was built before the current building regulations came into force. And no significant changes were made afterwards. In this case, the owner can continue to use the property. Even if it does not comply with the current building regulations.
However, there are also situations in which the protection of existing buildings is not legal or does not apply. For example, if a property was built without permission during the applicable regulations or if significant changes were made to an older property without the consent of the municipality. The consequence is then either demolition of the property or legalisation.
This situation is really serious, as dozens of demolition orders have already been issued on Mallorca. This means that no permits could be proven for the properties and the demolition was ordered. The current owner must then also pay the demolition costs.
Real Estate Legal Or Not?
A property is considered legal if a building permit has been issued by the responsible municipality. And all regulations have been complied with, at the time of construction. These relate, for example, to compliance with the possible building and living space or usable area. Also the minimum distances from the property boundary, the total height or the type of use, etc is decisive. An important step after completion is the building inspection, which is carried out by the municipality. Finally, the owner submits a declaration of new construction, which is then entered in the land register.
If the process above is not followed, the property is considered not legal. This is also the case if, for example, only parts of the property are converted without a licence. Especially extensions are often implemented without a building licence and are consequently considered illegal.
How To Check Seniority Rights On Mallorca?
It is important to note that there is no universal answer to this question. Each property must be checked individually with regard to the seniority rights. Factors that influence the result are, for example, the age of the property, the ownership conditions, the location and other factors.
If you want to buy a property on Mallorca, it is therefore advisable to have the situation of seniority rights checked before making the decision to buy. We will be happy to put you in touch with a lawyer who will check for you whether the property enjoys seniority rights status or whether there are risks associated with the legality of the property. Please contact us at: info@wackershauser-immo.com or +49 176 1970 8211.
