10 · Building on Mallorca: Land, Permits & New-Build Protection

*Before you buy a finca, a plot or an off-plan home, a single question decides almost everything: what may actually be built here — and what protects you when you buy from a developer? We walk you through land classifications, building permits, coastal law and the statutory guarantees.*

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Which land — and what it lets you do (Ley 12/2017, LUIB)#

The ground rules for building in the Balearics are set out in the Balearic planning act, Ley 12/2017 de Urbanismo de les Illes Balears (LUIB) (the Balearic Islands Urban Planning Act). The first thing you check as a buyer is the land classification of your plot — it defines whether, and how much, you can build.

Land	What it means for you
suelo urbano (urban land)	developed/serviced urban land — buildable
suelo urbanizable (developable land)	development land (buildable in future)
suelo rústico común (ordinary rural land)	rural, limited building (with a permit)
suelo rústico protegido (protected rural land)	specially protected (ANEI/ARIP/ANIT/AANP) — barely buildable or not at all

• A solar (building plot) is an urban plot ready to build on: all servicing requirements are

met.

• If you want to build on rústico, you first need the minimum plot size (parcela mínima) — and

that depends on the category (PTIM): 14,000 m² in AIA / AT-H / SRG; 50,000 m² in ARIP and SRG-F (forestry land). In ANEI, AANP, ARIP-B, APT, new residential construction is prohibited ✅ (🔎 the figure "20 ha"/"200,000 m²" often circulates here — it is not correct; it is simply a ban). As a rule: only 1 dwelling per plot. 🟡 Special case Palma: a municipal increase to up to 100,000 m² was discussed/adopted (Palma only).

• How much you can actually build: the built footprint (ocupación) is capped at max.

3 % of the plot (SRG) or 2 % (ARIP); the total dwelling volume is 🟡 capped at approx. ~1,500 m³. 🔴 The specific setbacks (retranqueos) and heights vary by PTIM and municipality — never rely on blanket figures; have it checked plot by plot.

• declaración de interés general (DIG — declaration of general interest, Ley 6/1997): the

preliminary step when you want a non-agricultural use. The application goes through the Ayuntamiento (town hall), the declaration is issued by the Consell, and it involves a 15-day información pública (public consultation) and a total timeframe of ~3 months.

Protected zones — the most common deal-breaker#

Several protection categories can sit on a single finca and severely restrict building: ANEI (natural area of special interest), ARIP (rural landscape protection), ANIT and AANP — the legal basis is Ley 1/1991 (LEN). On top of this comes EU protection under Red Natura 2000 (LIC/ZEC, ZEPA) as well as heritage protection via BIC (Bien de Interés Cultural — asset of cultural interest) and the municipal catálogo. Anyone buying in the Serra de Tramuntana should know: UNESCO World Heritage status (since 2011) plus ANEI mean the strictest building requirements there are.

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When the sea has a say: Ley de Costas (Coastal Act, Ley 22/1988)#

The closer to the water, the more coastal law reaches into your property. These are the terms you should know before you even consider a property near the shore:

• dominio público marítimo-terrestre (DPMT) (public maritime-terrestrial domain): the public,

non-privatisable coastal strip. You may only use it under a concession (concesión administrativa).

• servidumbre de protección (protection easement): a building and use restriction even on private

land — as a rule 100 m from the shoreline, but 20 m where the area was already suelo urbano before 1 January 1988.

• servidumbre de tránsito (right-of-way easement): a 6 m wide passage strip that must be kept

clear.

• zona de influencia (zone of influence): at least 500 m within which new buildings must blend

into their surroundings.

• deslinde (boundary demarcation): the official determination of where the DPMT boundary runs.

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Building permits — which application, and when (LUIB)#

Not every project takes the same route. What you have to apply for depends on the type and scale of the works:

• licencia de obra mayor (major works permit): the municipal permit required in advance for new

builds and for any works that require a technical project (LOE) (Art. 146 LUIB).

• licencia de obra menor / comunicación previa (minor works permit / prior notification):

for simple works that do not require a project (Art. 148).

• declaración responsable de obras (responsible declaration of works): a self-declaration that

allows work to start immediately — checks are only carried out afterwards (a posteriori).

• proyecto básico (basic project, for the licence) versus the proyecto de ejecución (the

execution design; 🟡 to be submitted within ~6 months, Art. 152). The visado (professional endorsement) comes from the architects' association COAIB.

• licencia de segregación/agrupación (subdivision/consolidation licence): extremely sensitive on

rústico — illegal subdivisions are void. Particular caution is required here.

• cambio de uso (change of use, e.g. local → vivienda): this requires obra mayor plus a

project, and only then is the cédula (habitation certificate) issued.

• ITE (Inspección Técnica de Edificios — technical building inspection) / IEE: the

mandatory inspection of older buildings (🟡 thresholds at 30/50 years, set by the municipality; in Palma the ITE applies from 50 years, then every 10 years).

• Pool (piscina) on rústico: 🟡 maximum 1 per finca, water surface ≤ 35 m², volume ≤ 60 m³.
• Solar panels (placas): self-consumption is permitted on rústico, often even with an IBI

reduction (this depends on the municipality).

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New-build & off-plan: what protects you legally (LOE, Ley 38/1999) ✅#

When you buy off-plan, you carry a different risk than with an existing property — your money flows before the building exists. That is exactly what the statutory guarantees are for, and you should never rely on them without checking.

• compra sobre plano (off-plan purchase): your protection stands or falls with the **mandatory

guarantee for deposits**.

• aval bancario / seguro de cantidades anticipadas (bank guarantee / insurance of advance

payments) ✅: this guarantee is mandatory — the developer must secure all instalments paid (plus interest) (Disp. adic. 1ª Ley 38/1999, as amended by Ley 20/2015), and payments must go into a dedicated account. Remember: no aval in force, no instalment paid.

• seguro decenal (10-year structural insurance) ✅ is mandatory; trienal (3 years,

habitability) and anual (1 year, construction) 🟡 do not necessarily have to be insured — but liability under Art. 17 LOE exists regardless.

• certificado final de obra (CFO) (final works certificate, from the architect and the building

technician), together with the licencia de primera ocupación (first-occupation licence), is the precondition for utilities to be connected, the obra-nueva (new build) to be registered, and the aval to be cancelled.

• libro del edificio (the building book, Art. 7 LOE) is also part of this.

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A closer look#

Permits: deadlines & silencio administrativo ✅#

The municipality must decide on the licencia urbanística (planning licence) within 3 months (Art. 151 LUIB). Important for you: for a new build — and likewise for earthworks and subdivisions — the silencio (administrative silence) is negative, i.e. it counts as a refusal. A positive silencio is the general rule, but with major exceptions, and never against spatial planning. The municipality reviews the proyecto de ejecución within 1 month (Art. 152, amended by DL 3/2024).

Costas — concession & deslinde when buying by the sea ✅#

• deslinde (demarcation of the DPMT boundary): the decision is issued within 24 months. If

part of the finca falls within the DPMT, the owner loses their ownership there and instead receives a concession. Since 2013/2015, exposure to Costas can be recorded in the land register — be sure to check this.

• concesión administrativa (administrative concession): the term is max. 75 years and it is

transferable only with official authorisation. Anyone buying a concession property acquires not full ownership but a time-limited right — and that is precisely what matters for valuation and financing.

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❓ FAQ#

Can I build on a finca plot in Mallorca? Only under strict conditions: a minimum plot size applies (14,000–50,000 m²), usually only one house is permitted, and the protected zones (ANEI/ARIP) must be observed. On protected rústico, a new build is practically ruled out.

What protects me when buying a new-build flat from a developer? Above all, the statutory deposit guarantee (aval/seguro de cantidades anticipadas, Ley 38/1999 + Ley 20/2015) and the seguro decenal. Without a guarantee in force, you should not make any deposit.

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Sources (selection)#

• Ley 12/2017 (LUIB), Art. 146/148/152 · Ley 1/1991 (LEN) · Ley 22/1988 (Costas)
• Ley 38/1999 (LOE), Art. 7/17/19 + Disp. adic. 1ª · Ley 20/2015 · COAIB

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