In November 2024, the Balearic Islands regional government made sweeping changes to urban planning enforcement regulations. This reform led to the reintroduction of an eight-year limitation period For illegal constructions on rustic (rural) terrain. Therefore, in this article you will find more information about the limitation periods for construction violations in Ibiza.
From unlimited to limited enforcement powers
During the period 2016-2024, it was possible for public bodies to take unlimited administrative action against illegally realised structures, regardless of the passage of time. The new regulations restore the balance between the public interest of spatial planning and the need for legal certainty for owners with real estate in rural areas.
Learn more about how we detect construction violations here.
Eight-year statute of limitations on rustic property
In line with current legislation, building violations in Ibiza expire eight years after completion of the illegal construction, provided no administrative sanctions or remedial measures have been imposed within this period.
The period starts from the moment the construction work is demonstrably completed. It is therefore essential that owners can prove this moment, for example through dated photos, invoices or witness statements. Alternatively, the year of construction can be estimated by an architect.
Short statute of limitations for urban areas
For irregularities on urban areas, e.g. residential zone, the already existing limitation period of four years unchanged in force. Again, the government loses its power of action if no action is taken within this period.
Statute of limitations for building violations in Ibiza: exceptions
The limitation periods mentioned are not applicable to protected zones, such as nature reserves, coastal strips or land with scenic or cultural-historical protection status. In such cases, the government retains unlimited authority to take enforcement action. Thus, any building violations cannot be time-barred.
Local town planning provisions
In addition to regional regulations, municipalities, including those in Ibiza, have their own urban planning instruments through their Plan General de Ordenación Urbana (PGOU). These local plans may impose additional restrictions or obligations. A review of these regulations is therefore advisable prior to purchase or conversion.
Can you just renovate in Ibiza?
Tips for prospective property buyers in Ibiza
- Check whether the property is within an area with environmental protection, landscape value or heritage status. In these cases, prescription is usually excluded.
- Request a certificado urbanístico or urban development report. This document provides information on permits granted, building restrictions and any pending sanction procedures. Many 'fincas' or rural homes have been converted in the past without permits.
- If there is a potentially illegal construction, it should be investigated whether the construction violation in question falls under a time-barred situation falls, and whether this is legally provable. Always ask for documentation of building permits and proof of completion dates.
Find out more about the cost of buying property in the Balearic Islands here.
Questions about buying safely in Spain?
Would you like to know more about a Safe purchase in Spain? Then feel free to take contact with us. We will gladly guide you through every step of the purchase process, from drawing up the contracts and checking legal documents to the appointment with the Spanish notary. This way, you can avoid unpleasant surprises and invest in your Spanish dream home with peace of mind.
