Thinking of building a house on rustic land in Mallorca?

Many people want to build a house far from the city to enjoy the landscape and climate of Mallorca. Villages like Andratx, Calviá, Soller, Valldemossa, LLucmajor or Santany offer hundreds of rustic properties for sale in which you can build houses for your enjoyment.

However, there is a long and complex set of regulations that it is important to take into account before buying a property, as there is a possibility that the construction of houses on this plot is not allowed.

Construction regulations on rustic Mallorcan ground

In the Balearic Islands, there are different laws and regulations that must be taken into account when it comes to building on rustic land. First of all, we will have to take a look at the new Law 12/2017, of 29th December, on urban planning in the Balearic Islands which describes all the basic urban planning regulations that affect the different islands.

As far as Mallorca is concerned, there is also the Territorial Insular Plan of Mallorca (PTIM), which categorises soils into different classes, in addition to describing more precisely the characteristics and requirements that the rustic plot should have in the case that we want to build a house.

Finally, we will have to study the General Urban Development Plans (PGOU) or the Subsidiary Rules (NNSS) of the municipality in which our plot is located to see what additional rules we must respect.

We are going to try to list all the essential requirements for the construction of single-family homes on Mallorcan soil so that you do not have any legislative problems.

Information on the category of rustic land.

Mallorca is characterized by a multitude of different types of land in the rustic category, which makes us doubt the place of construction of our building. As we are now focusing on residential use, you should know that only one dwelling is allowed per plot. The prohibition on the building, therefore, applies to the following soils:

1. All areas of Territorial Protection (called APT)
2. All areas considered Natural of Special Interest (abbreviated ANEI)
3. The natural areas that have the qualification of High Level of Protection (or AANP)
4. Growth Transition Areas (AT-C)
5. Areas that are considered Rural and of Forest Landscape Interest (ARIP-B)

There are other areas that, on the other hand, allow construction provided that all the proposed requirements are met, in accordance with rule 20 of the Territorial Plan of Mallorca. These areas are:

1. Risk Prevention (called APRs)
2. Those that are of Agricultural Interest (AIA)
3. Rural ones that have Landscape Interest (ARIP)
4. Harmonization Transition (abbreviated AT-H)
5. Rustic soils of both General Regime (SRG) and General Forest Regime (SRG-F)

How much land should I have?

In addition to having a plot with a category suitable for building a detached house, we will have to see that this plot has a minimum size of surface area to build a house. This minimum area is indicated through the Mallorca Island Territorial Plan (PTIM). It is essential to remember that these regulations are minimum plots in Mallorca, but may vary in each municipality, with minimum plots of up to 200,000 square meters being required at one end. The so-called “minimum units” covered by the current laws are:

1. 14,000 square meters
   1. For Harmonization Transition Areas
   2. For rustic floors of General Regime
   3. For Areas of Agricultural Interest
2. 50.000 square meters
   1. Areas considered of Landscape Interest
   2. For rustic soils of General Forestry Regime

However, as we have already pointed out, these are the minimum areas set by the Consell de Mallorca, and it is common for many municipalities to increase the minimum areas, which is why it is important to check the municipal regulations to which the rustic plot belongs.

Are there any other rules we should be aware of?

We have already seen the zones and their respective restrictions, but you must not forget that there are many other limitations that you must respect if you want to comply with all the regulations. The general requirements for construction are summarized in the following:

1. Please note that the construction zone must not be generally forbidden and, otherwise, you must comply with all the conditions set out in the municipal regulations exactly.
2. You must remember that, as we have pointed out above, only one house may be built per plot.
3. There are limitations that depend on the partitioning date of the plot, and these can be separated into three very distinct groups.
   1. Divided dwellings before 16/07/1997: No limitations apply to construction
   2. Dwellings divided between 16/07/19997 and 13/10/1999: The construction of a single-family dwelling is permitted in these cases provided that the total number of subdivisions of a single plot does not exceed five, counting, of course, the main or parent property. This limit can be exceeded if you then return to a regulated subdivision.
   3. Plots divided after 13/10/1999: The construction of single-family houses is totally prohibited unless the plots come from the first division of a plot that was donated or inherited in such a way that it was passed on from parents to children. This rule is also limited, and each child can have only one plot of land.

In compliance with these regulations, construction is permitted on the rustic floors fitted out for this purpose.

Is there a maximum of construction?

Of course. There are restrictions for minimum and maximum construction in the different areas, and you must consult and read the regulations carefully in the town hall in order to respect them correctly. Even so, it should be the architect in charge of the house himself who takes into account all the guidelines and applies them correctly. Here are some of the more important limitations:

1. The maximum area on which it can be built varies between 2% and 3%, depending mainly on the qualification of the land on which you will build:
   1. In soils ANEI, ARIP, APT, SRG-F and AIA 2% of the plot surface.
   2. In the rest of the soils 3%
2. The maximum rate of occupancy is between 3% and 4%, and this also depends on the characteristics of the soil itself.
   1. In soils ANEI, ARIP, APT, SRG-F and AIA 3% of the plot area.
   2. In the rest of the soils 4%.
3. The maximum height at which it can be built is 8 metres from the ground floor of the house to the crown or 2 floors, whichever comes first.
4. The porches will not have a surface area greater than 20% of the total surface area occupied by the rest of the dwelling.
5. Aestheticism is also regulated, respecting the character and tradition of Mallorcan construction, taking care of the colours and materials of the façade so that they mimic the environment, using sloping roofs made of Arabic tiles, wooden carpentries or similar materials, and in general everything that respects and reminds us of the characteristic character of our land.
6. All land belonging to the plot itself which has not been used for the construction of the dwelling must be left in a completely natural state or, failing that, in the form of agricultural, forestry or livestock farming.

Thinking of building a house on rustic land in Mallorca?

Once you have reviewed the most basic legislation, it is time to get in touch with an Architect and complete the necessary checks to confirm that a property can be built on the plot you are interested in.

From PMA STUDIO, we can advise you from the very beginning on how to build a house on rustic land and help you build one.

Feel free to contact us and we will be happy to help you through the process!