When looking for a rural property in Mallorca, it is particularly important to analyze its urban planning situation. Traditionally, many homes have been built on rustic land without the necessary permits, so it is very possible to come across illegal houses.

Despite this, increasingly restrictive regulations, where the possibility of ordering demolition on rustic land does not expire, the possibility of anonymous complaints, and the creation of the Agència de Defensa del Territori (ADT) - the agency responsible for inspection on rustic land - make it almost impossible today to build an illegal construction on rustic land in Mallorca without wasting money.

Here, we summarize, in general terms, the minimum plot requirements needed in Mallorca to build a single-family home on rustic land, including the changes introduced by Decree-Law 8/2020, of urgent measures for the protection of the territory of the Balearic Islands.

In any case, it is always advisable to conduct a thorough analysis of the plot to be purchased to understand exactly the construction possibilities, with the assistance of specialized lawyers and architects.

What type of land do I need?

The rustic land of Mallorca has different classifications, so we must first consider the type of land where we want to place our home.

Regarding residential use, it should first be noted that, if allowed, only one detached single-family home per plot can be built.

In this sense, this use is prohibited in:

• Areas of Special Natural Interest of High Protection Level (AANP)

• Areas of Special Natural Interest (ANEI)

• Rural Areas of Scenic Interest Forested (ARIP-B)

• Territorial Protection Areas (APT)

• Growth Transition Areas (AT-C)

• Risk Prevention Areas (APR)

On the other hand, in the following areas, the use for detached single-family housing is conditioned on meeting the additional requirements established in standard 20 of the Territorial Plan of Mallorca in all cases:

• Rural Areas of Scenic Interest (ARIP)

• Areas of Agrarian Interest (AIA). In these areas, housing will only be allowed - once the areas of “HIGH AGRICULTURAL VALUE” are defined - in new buildings when it is linked to an agricultural operation or when certain requirements are met.

• Harmonization Transition Areas (AT-H)

• Rustic Land of General Forestry Regime (SRG-F)

• Rustic Land of General Regime (SRG)

How much land do I need?

The next question, once confirmed that we have found rustic land where housing use is conditioned, is what is the minimum area of land we will need to build our home. In this sense, we must note that there are two general “minimum units,” which vary depending on the land's classification:

14,000 m²:

• Areas of Agrarian Interest (AIA)

• Harmonization Transition Areas (AT-H)

• Rustic Land of General Regime (SRG)

50,000 m²:

• Rustic Land of General Forestry Regime (SRG-F)

• Rural Areas of Scenic Interest (ARIP)

However, it should be noted that these are the minimum measures required by the current Territorial Plan of Mallorca. In some cases, municipal planning may require larger sizes, reaching a minimum plot requirement of 200,000 m².

Are there more limitations?

Yes, the Territorial Plan of Mallorca establishes a series of additional limitations, which must be met for the implementation of a house to be possible:

• That in the area where it is intended to be implemented, it is not prohibited by general planning and that the conditions established are met.

• That there is only one house per plot. This does not mean that there can only be one building, but there can only be one complete house. There may be dependencies, but always ancillary and not subject to independent use as housing.

• That the plot meets one of the following requirements, depending on the date on which its division, segregation, or fragmentation was carried out:

  • Made before July 16, 1997: No limitations.

  • Plots segregated from July 16, 1997, and before October 13, 1999: Single-family housing use can only be authorized when this division, segregation, or fragmentation has not simultaneously or successively resulted in more than five independent registry units, excluding the parent estate, unless they have subsequently been regrouped below this limit or it is covered by the point c. below and meets the minimum plot requirement of this standard.

  • Plots segregated since October 13, 1999: Single-family housing use is prohibited except for those resulting from a first division, segregation, or fragmentation practiced in a public document by donation or inheritance from parents to children, limited in both cases to a maximum of one plot per child and only once.

Only on land that meets such conditions can the use of rustic land for building a house be authorized.

Can I build whatever I want?

No, the island regulations include a series of minimum restrictions, which may be increased by the municipalities, so in each case, the specific regulations of the municipality where the construction is to be carried out must be consulted. In this sense, the architect we hire for the work will ensure compliance with the regulations. Among the most notable limitations are:

1. Maximum buildable area of the plot: If it is Red Natura 2000 or ARIP: 1%. In the rest of the categories: 1.5% (REPEALED)

2. Maximum occupancy percentage: If it is Red Natura 2000 and ARIP: 1.5%. In the rest of the categories: 2%. (REPEALED)

3. Maximum volume: 900 m3. (REPEALED)

4. Maximum swimming pool: Area of 35 m2 and volume of 60 m3.

5. The total surface area of porches may not exceed 20% of the area occupied by the rest of the building.

6. Aesthetic limitations: carpentry type, visual appearance of materials and facade finishes, roof type, fences, etc.

7. The part of the plot not occupied by the building or other construction elements must be kept in a natural state or agricultural, livestock, or forestry exploitation.

Update May 28, 2024. After the approval of Decree Law 3/2024, urgent measures for administrative simplification and rationalization of public administrations of the Balearic Islands, the indicated urban parameters have been modified. The current ones from that date are:

1. Maximum buildable area of the plot: If it is Red Natura 2000 or ARIP: 2%. In the rest of the categories: 3%

2. Maximum occupancy percentage: If it is Red Natura 2000 and ARIP: 3%. In the rest of the categories: 4%

3. Maximum volume: 1500 m³.

Of course, it should be noted that the installation of wooden huts, yurts, tipis, caravans, or other non-traditional elements in Mallorca is totally prohibited, neither as main nor accessory elements.

For all the above, before buying any land, especially rustic land, it is advisable to have the services of a lawyer and an architect to help make your dream home a reality.