Context and problem
The Council of Mallorca has recently approved a procedure for the extraordinary legalization of illegal or unregulated works, installations and uses of rustic land. However, this measure will not be effectively applied in the Sóller region, especially in the case of rustic land protected by the Natural Areas Act (LEN) such as ARIP or ANEI, among other figures. This situation is particularly relevant in Sóller and the neighboring municipalities of Fornalutx and Deià, where a large part of the territory is affected by the LEN.
According to the sources consulted, the constructions carried out in these areas could only be regularized if they were built before March 10, 1991, the date of entry into force of the LEN. It should be borne in mind that the majority of rural mountain farms in the region are located in areas protected by this regulation, and that the urban pressure on them has increased in the last 20 years.
Location in Sóller
In Sóller, in addition to the areas protected by the LEN, an important part of the rural land is regulated by the Special Horts Plan, and therefore also has the consideration of protected rural land. In this case, only illegal works built before the entry into force of the Land Use and Planning Law, on May 29, 2014, could be regularized.
Position of the Town Councils
The county councils are studying the impact of this decree on their regulations. According to the Councilor for Urbanism of the Sóller City Council, Juanan Lorente, the technical and legal services are analyzing the decree to clarify any doubts that may arise in its application. Lorente admits that there have already been people interested in regularizing works and that they will meet with the affected sectors to explain the possibilities and limitations of the procedure. As for Deià, mayor Lluis Apesteguía has stated that this measure will not practically affect the municipality, since all the rural land is included in areas protected by the LEN and there are no illegal constructions prior to 1991.
conclusion
In summary, the extraordinary legalization procedure for illegal or non-ordinary works will not have a significant impact in Sóller and the neighboring municipalities of Fornalutx and Deià, especially in the case of rustic land protected by the LEN. The constructions could only be regularized if they were carried out before the dates established by law. The City Councils continue to study this measure to determine how it will affect their regulations and to inform citizens about the possibilities and limitations of the procedure.
