BUILDING IN THE BALEARICS
It is not the intention to go into great detail on the subject of building rules and regulations, however, as a general guide you will find outlined below a summary of the main factors to consider when selecting a building plot, be aware that many regulations are unique to certain Town Halls, and many Town Halls interpret the rules in differing ways.
Building land tends to fall into two distinct categories namely urban land and rustic land, generally speaking urban land is found in the areas surrounding the town, whilst rustic land is found in the countryside, usually some distance away from the town.
Urban Land:
Designated approved building I development land and described as such on the government approved General Plan of the area. This plan, which is revised periodically, is a public document and can be viewed freely by anyone who cares to enquire at the appropriate department in the local Town Hall, because this type of land has been already approved for building, outline planning permission is not necessary and the building project process can begin almost immediately.
Plot Sizes
Building plots range in size from 600m2 to 2,000m2 depending on the conditions applied to the urbanization plan (Plan Parcial). Usually urbanizations comprising individual houses are made up of plots of 800-1000m2.
Area occupancy
The maximum size of the property to be built is governed by another set of rules, again this varies from Town Hall to Town Hall. As a general rule, the building may not occupy more than 20% to 30% of the area of the building plot.
EG. A building plot of 1 000m2 with an area occupancy restriction of 25% would allow a building to have a ground floor of 250m2.
Total construction
Another regulation to be considered is the total construction factor, this governs the maximum number of square metres in total allowed to be built on the plot. This factor again usually ranges from around 20% to 30% per m2.
Therefore if we take the example above, given an: Area Occupancy restriction of 25% and a Total Construction factor of 0.3 and a plot size of 1,000 m2. The Maximum ground floor occupancy is 1000 x 0.25 = 250m2 - The Maximum overall construction is 1000 x 0.3= 300m2.
This would allow a house with a large ground floor area of 250m2 plus a small upstairs of 50m2 (Total constructed area 300m2.) Or alternatively and possibly a more practical arrangement might be two floors of 150m2 each. (Total constructed area 300m2.)
It should be noted that these are the maximum areas of occupancy and construction however they exclude a cellar, (which may be the same area as the ground floor) terracing, porches and a swimming pool.
There are other rules governing the maximum height of the building, usually between 6 and 7 metres, and the distance from the boundary usually between 3 and 7 metres. Rules also restrict the height of solid boundary walls typically I to 1.80 metres.
Sometimes the ascetic appearance of the building is restricted, but generally speaking unless an outrageous design is planned this usually does not present a planning problem.
Rules and Regulations:
Rustic buildinqjar)O.
Rustic Land (Suello no urbanizable)
Land falling into this category is also outlined on the General Plan, as already mentioned rustic land is largely found in the countryside, usually some distance from the local town in whose area it belongs.
Unlike urban land, where the rules are laid down by the local town hall, it is the regional government who makes the rules regarding the minimum size of the building plot in rustic areas. In this example the authority comes from Valencia and the law requires a minimum area of 10,000 m2. (Since June 2004 this minimum in MURCIA is now 20.000 m2 so it is VITAL to check the regulations carefully in whatever area you are considering) however, rustic land may be sub categorised into three distinct types namely Protected, Restricted or Building land. It does not always follow therefore that because the plot is 10,000m2 or greater that it will be possible to build. These categories are shown on the General Plan available in the local town hail and should be checked before any agreement to purchase is made.
Rustic land tends to be much cheaper per m2 than Urban land, the problem is you need to buy many more square metres in order to have a plot large enough to build.
Area Occupancy.
This is always fixed at 2% of the plot size:
EG on a plot of I 0,000m2 it is possible to build the ground floor to a maximum of 200m2
Total Construction: This is always fixed at 4% of the plot size.
On a plot of 10,000m2 it is possible to build two floors each of 200m2 making a total constructed area of 400m2.
It should be noted that these are the maximum areas of occupancy and construction however they exclude a cellar, (which may be the same area as the ground floor) terracing, porches I pergolas and a swimming pool.
There are other rules governing the maximum height of the building. Rustic houses are restricted to two floors. Rules vary as to the height of sold boundary walls typically 1 to 1.80 metres.
Ascetic appearance
As you might expect, in order to maintain a traditional country house effect, properties built in rustic land should be designed to fit in with the country style. Such houses are commonly known as Finca's. and are often clad in natural stone. Rules regarding ascetics are laid down by the Town Hall and therefore vary from area to area. Benissa Town Hall for example has particularly stringent rules concerning the direction of the roof-line, types of windows, number and dimensions of arches, etc etc. Other towns have less rigid restrictions.
Existing Buildings in Rustic areas.
It is quite common practice these days for people invest in an old run-down finca, barn or even a total win
with a view to restoring it to a habitable dwelling.
Sometimes an insignificant heap of stones can be interpretted as being an existing building by some town halls!
These buildings are usually found in rustic areas, but do not necessarily have the minimum I 0,000m2 of land required for a new construction. This can be quite an attractive option, since such a large area of land can require a good deal of maintenance in order to keep tidy.
The General rules are:
The ascetic appearance must always be maintained; for example if the existing building is built of stone then the restoration must be the same. Large PVC patio doors and other modem fittings visible from the exterior are not allowed. Permission would almost certainly be refused for the addition of such features as circular towers or turrets.
Extension to or expansion of the existing building is limited to a maximum total constructed area of 2% on each floor. Therefore an existing ruin with a constructed area of 120m2 on a plot of 3000 m2 could not be extended since it is already at the maximum permitted occupation.
EG plot size 3,000m2 x .2 = 60m2 per floor. Maximum two floors = 120m2 (Total constructed area.) and finally ALWAYS check with the town hail and your Abogado BEFORE purchasing.
Inheritance Advice
It is advisable to make a separate Spanish will dealing exclusively with your Spanish assets to prevent your heirs from becoming involved in time-consuming and expensive legal procedures in the event of your death. Furthermore, it is the only way of avoiding the application of Spanish inheritance rules, which stipulate how a person H s estate must be distributed, regardless of their wishes. If you decide not to prepare a Spanish will and have an existing will in the UK, your Spanish assets may be covered. However, the procedure to have your UK will enforced through the Spanish system is not only lengthy and expensive but, more importantly, subject to the Court's discretion.
A solicitor/Gestor or accountant can assist you in the preparation of your Spanish will and will accompany you to the offices of the Spanish Notary, before whom the will must be signed for validity. Your will is then registered with the Spanish Registrar of Wills in Madrid where it will remain until your death,
Your representative from Properties International can also assist you in arranging to sign your will with the local notary.
INHERITANCE TAX
Your estate will be subject to Spanish Inheritance Tax if you die while owning property in Spain. Inheritance Tax is a very complicated business in Spain and the rate depends on both the proximity of relationship between the testator and beneficiary, as well as the amount being bequeathed. Under Spanish law any children are compulsory heirs. Tax-free allowances are given to certain beneficiaries, with close relatives receiving higher allowances. The standard allowance is approximately 16,000 Euros, unless minor children are inheriting and the allowance is more. You should bear in mind that a bequest to non-relatives attracts considerably higher levels of inheritance tax in Spain, as people are encouraged to leave their property to family members. This is especially important to bear in mind if you are an unmarried couple.
Please bear in mind that some Spanish provinces have recently modified this somewhat harsh law so that providing non-married couples register with the appropriate authorities, they can enjoy the same exemptions as married couples. Once again, Properties International advises that you seek advice from an accountant or Gestor on this matter as the laws are quite complicated and difficult to understand.
