Tax reform in the Balearic Islands
Published on: January 18, 2024

Amnesty for properties in Ibiza

The Balearic Government has recently announced an amnesty for properties in Ibiza, which could have a significant impact on the island’s property market. This measure aims to provide legal clarity and certainty for many owners whose properties did not previously comply with building regulations or were built without authorisation. Balearic Government grants amnesty for property in Ibiza

Background and aim of the amnesty

In recent years, Ibiza has seen numerous cases of illegally constructed buildings or buildings that did not fully comply with local building regulations. This has led to legal uncertainties and conflicts. The amnesty aims to find a solution that fulfils both the needs of property owners and the requirements of urban planning.

 

Luxury-villa-complex-in-the-Heart-of-Santa-Eulalia-del-Rio

The amnesty offers property owners the opportunity to legalise their properties retrospectively. This involves paying an amnesty fee and complying with certain conditions set by the government. The aim is to regulate existing property portfolios and at the same time ensure that future construction projects comply with current regulations.

The Balearic Government has an amnesty for illegal constructions on Ibiza. This law, officially known as Building Law Amnesty Law 5/2024, allows for the retrospective legalisation of constructions that have been built without authorisation and whose infringements are time-barred. Here are the main points of the law:

 

Timeframe and fees: Owners have three years to legalise their illegal constructions. The fees incurred are staggered:

  • In the first year: 15% of the construction value
  • In the second year: 20% of the construction value
  • In the third year: 25% of the construction value In addition, the same taxes and fees must be paid as for a new building.
  • Prerequisites for legalisation: In order to legalise a property, there must be no current building law proceedings pending. The buildings must not be located on protected rural land, in coastal protection areas or public property. Buildings in these areas that were built before 10 March 1991 can also be legalised under certain conditions.
  • Income-related discounts: There is a 50% discount on fees for owners with an annual income of less than €33,000, and for incomes up to €52,800 the discount is 25%….
  • Exclusions: Properties benefiting from this legalisation cannot apply for a tourist rental licence. Also excluded from the amnesty are agritourism hotels and rural hotels with illegal constructions, as well as constructions in public areas or those that have been expropriated.

This law aims to clean up existing irregularities and stabilise the property market by allowing owners to legalise their buildings and thus increase their value. Further detailed information can be found on the websites of Menth Law Firm and Ibiza Real Estate.

Advantages for property owners

For many property owners, this amnesty is a considerable relief. They can now legalise their properties without having to fear extensive penalties or even the demolition of the buildings. This not only creates legal certainty, but also increases the value of the properties concerned.

Impact on the property market

The amnesty could further boost the property market in Ibiza. The legalisation of previously unauthorised properties could increase the supply of legal properties, offering more security to potential buyers. It could also boost investor confidence and lead to further investment in the island’s property market.

Sustainability and environmental protection

Another important aspect of the amnesty is the promotion of sustainable building practices. The Balearic government emphasises that, despite the amnesty, strict environmental regulations must be adhered to in order to protect the island’s natural resources. This is to ensure that future construction projects fulfil both the needs of the population and the requirements of environmental protection.

 

Conclusion

The Balearic Government’s amnesty for properties on Ibiza represents a significant step towards regulating and legalising the property market. It offers property owners the opportunity to gain legal clarity and at the same time increase the value of their properties. For the property market as a whole, this could lead to an increase in supply and a strengthening of investor confidence. At the same time, compliance with strict environmental requirements will ensure the sustainability of construction projects.

For further information and specific details on the amnesty and its implementation, it is advisable to contact the relevant Balearic Government authorities or local property experts directly.

Christian Wolf
Written by: Christian Wolf, CEO

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