Is the New Planning Law of the Balearic Islands Unconstitutional?

No. Do not be alarmed. We only wanted to catch your attention. It is true, however, that the new law has caused considerable controversy, to the point that we have read in some regional newspapers that the central government is considering the possibility of lodging an appeal of unconstitutionality before the Constitutional Court, but only in respect of certain provisions of the Law, either because they encroach upon powers reserved to the State legislator or because they are directly unconstitutional.

The Land Defence Agency of the Consell Insular de Mallorca (Agencia de Defensa del Territorio) states on its website that the following provisions, and we transcribe literally, have not been considered unconstitutional by the Legal Services of the State Administration:

• The non-prescription of the power to order demolition throughout rural land
• The exclusive competence of the consells insulars over protected rural land
• The possibility for the consells insulars to suspend the execution of allegedly unlawful licences on protected rural land.
• The prohibition, as of 1 January 2018, on illegal dwellings being registered as holiday rentals with the Conselleria de Turisme.
• The publication of the names and surnames of offenders.
• The presumption that the owner is always liable for the planning infringement, unless proven otherwise.
• The retroactivity regime applying to events occurring before the LUIB entered into force.

We wish to clarify that the final word will naturally rest with our Constitutional Court. As lawyers specialising in Real Estate and Planning Law in the Balearic Islands, we must keep ourselves up to date on all developments and news in our sector, and it is a pleasure for us to pass on these updates to you in a clear and straightforward manner. Therefore, should you have any questions, please do not hesitate to contact us at info@bufetefrau.com.