Is the new Planning Law of the Balearic Islands unconstitutional?


No. No worry. We only want to attract your attention. Although it is true that the new law has caused controversy, up to the point of us having read in some local newspapers that the mainland government are considering the possibility of presenting an appeal of unconsititutionalism before the Constitutional Court, but only of certain rules of the Law for violating powers of the state legislator or for directly being unconstitutional.  

The Agency of Defense of the Territory of the Consell Insular of Mallorca informs in their web page that the following rules, which we literally copy, have not been considered unconstitutional by the Legal Services of the State Government:

  1. The non-expiry of the possibility of ordering the demolition on all rural land
  2. The exclusive competente of the consells insulars on protected rural land
  3. The possibility that the consells insulars stop the carrying out of licenses allegedly illegal on protected rural land.
  4. The ban that, as from the 1st January 2018, the illegal dwellings can be registered as holiday homes in the Conselleria de Turisme.
  5. The publication of names and surnames of the offending persons.
  6. The supposition that the owner is always responsible for the planning infringement, unless there be proof to the contrary.
  7. The retrospective nature concerning facts prior to entry in force of the LUIB.

We wish to point out that our Constitutional Court will naturally have the last Word. As lawyers specialized in Real Estate and Planning Law in the Balearic Islands, we must always be up to date on all the latest events and news in our sector, and it is our pleasure to inform you of these updates in a clear and straightforward manner. Therefore, for any doubts you may have, please do not hesitate in contacting us through



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