Urban Planning Amnesty in Ibiza: What You Need to Know (2025 Update)

In July 2024, the Balearic Islands passed a long-anticipated decree that gives some property owners the opportunity to legalise older, unlicensed buildings on rustic land.

Although often referred to as an “amnesty,” this isn’t a blanket forgiveness for planning breaches. Rather, it’s a tightly defined legal framework that allows property owners to bring illegal structures into compliance — for a limited time and under strict criteria.

Previously, if a building had existed without a license for more than eight years and wasn’t demolished, it could be considered “tolerated” — but it still couldn’t be renovated legally. This new law changes that, unlocking full legalisation and the right to renovate, subject to conditions.

Some aspects of the decree remain vague, and we expect local municipalities to interpret certain grey areas on a case-by-case basis. Still, if you’re considering taking advantage of this regulation, here are the key points to be aware of.

What you need to know

1. Not a full amnesty — but a path to legalisation

This is not a free pass for all building offences. It’s a regulated process for legalising specific rural constructions that were built without permission — especially those classified as fuera de ordenación (outside planning norms). If accepted, your property could gain full legal status.

2. Applies only to rural land only

The decree does not apply to urban properties. It is limited to rural plots, and even then, only under the following conditions:

• Ordinary rural land (suelo rústico común): Eligible if the illegal structures are older than 8 years
• Protected rural land (suelo rústico protegido): Must have been built before 29 May 2014
• Natural conservation zones (ANEI): Must have been built before 10 March 1991

To proceed, the age of the structure must be proven with legal documentation. Aerial photographs, builder invoices, or certified technical reports are typically required.

3. A 3-year window to apply

You must act within the timeframe. The legalisation application must be submitted between July 2024 and July 2027. After that, the decree expires and this path to compliance disappears.

4. A legalisation fee applies — based on timing

Legalising your property is not free. A monetary penalty is required, based on the declared value of the construction being legalised:

• 10% if submitted in the first year (2024–2025)
• 12.5% in the second year
• 15% in the third year

This fee is paid as part of the legalisation process and is non-negotiable.

5. Ecological upgrades required

Each legalisation request must include corrective ecological measures. These could involve:

• Improving energy efficiency
• Reducing reliance on public water supply
• Incorporating more sustainable infrastructure

These upgrades reflect the Balearic government’s focus on sustainability and responsible development.

6. Legalised areas cannot be used for tourist rental

One of the most important caveats: you cannot use legalised parts of the property for short-term holiday rentals. This restriction must be recorded in the Land Registry and applies even if the rest of your property is already legal. In some cases, having a tourist rental licence could even become invalidated if a significant portion of the property was previously illegal.

Final thoughts

If you own a rural property with past planning issues, this decree may offer a rare opportunity to fully legalise the structure — and make it eligible for future improvements. But the process is detailed, time-limited, and not without consequences.

As always, we recommend speaking with a local architect and real estate lawyer before starting any legalisation process. If you’re unsure whether your property qualifies, we’re happy to help assess your situation or connect you with a professional.