Planning Enforcement Proceedings in the Balearic Islands: LUIB (Law 12/2017) and Current Regulations

The Balearic Islands have planning legislation that is particularly sensitive to the protection of the island territory and landscape. The reference legislation is Law 12/2017, of 29 December, on Urban Planning of the Illes Balears (LUIB), as amended by Law 7/2024, of 11 December.

Important note: the LUIB (Law 12/2017) repealed the former Law 2/2014 (LOUS). If any document or enforcement file refers to the “LOUS”, it is relying on repealed legislation.

What the law actually says

The LUIB regulates the planning infringement and penalty regime in the Balearic Islands in its Title VIII.

Limitation periods for infringements (Article 205 LUIB):

• Serious and very serious infringements: 8 years.
• Minor infringements: 1 year.

Limitation period for the restoration of planning legality action (Article 196.1 LUIB): 8 years from the complete completion of the works.

Non-expiry of the restoration action (Article 196.2 LUIB, after the amendment by Law 7/2024):

• Protected rural land (no longer all rural land — exclusively protected rural land).
• Listed properties, cultural heritage sites (BIC), parks, gardens, public open spaces, public infrastructure and public facilities.

Important: Law 7/2024 amended Article 196.2 LUIB and clarified that non-expiry applies only to protected rural land (not to all rural land), and to the properties and spaces expressly listed. If any decision issued before this amendment applied non-expiry to all rural land, that interpretation is no longer correct.

Protected rural land: in the Balearic Islands, the Àrees Naturals d’Especial Interès (ANEI) are the main example of protected rural land to which non-expiry of the restoration action applies.

A particular feature of the Balearic Islands is the Island Territorial Plan (Plan Territorial Insular, PTI), which on each island establishes the general territorial planning framework and is especially relevant for the classification of rural land.

Steps you can take, in order

1. Establish the land classification under the LUIB and the PTI of the relevant island. Check whether it is protected rural land (ANEI or other categories) or non-protected rural land.
2. Identify the type of infringement and the applicable limitation period (Article 205 LUIB).
3. Check how long ago the works were done and whether the infringement or the restoration action has expired.
4. Check whether the proceedings have expired.
5. Assess whether legalisation is possible if the works are compatible with the LUIB and the local planning framework.
6. Submit written representations within the legal time limit.

Common errors made by Balearic councils

Error 1: Not taking into account the Island Territorial Plan of the relevant island. In the Balearic Islands, the PTI plays a fundamental role in defining the type of rural land.

Error 2: Applying non-expiry to all rural land. After Law 7/2024, non-expiry under Article 196.2 LUIB applies only to protected rural land, not to all rural land. This distinction is decisive.

Error 3: Miscalculating the limitation period due to an error in classifying the infringement. The periods under Article 205 LUIB are 8 years (serious and very serious) and 1 year (minor).

Error 4: Not checking whether legalisation is possible before issuing a demolition order.

Anonymous real-life case

Francesca M. had a small 15 m² extension to her rural property in Mallorca, on non-protected rural land (outside ANEI). The works were 9 years old. The infringement was classified as serious. Article 205 LUIB set the limitation period for serious infringements at 8 years. The limitation period had already run. We submitted representations arguing the expired statute of limitations with supporting documentation. The proceedings were closed.

Frequently asked questions

Does the LUIB apply to all islands in the Balearics? Yes. The LUIB applies throughout the territory of the Illes Balears, although the Island Councils (Consells Insulars) of Mallorca, Menorca, and Eivissa i Formentera have their own competences in territorial planning.

Do the Island Territorial Plans take precedence over local planning? Yes. The PTIs have a supra-municipal character and prevail over local planning in the matters they regulate.

Is the restoration action in ANEI areas of the Balearics imprescriptible? Yes. The ANEI areas are protected rural land, so the non-expiry under Article 196.2 LUIB applies (in its current wording following Law 7/2024).

Are the limitation periods in the Balearics the same for all four islands? Yes. The periods are those established by the LUIB, which applies across all the islands.

How long do I have to submit written representations in the Balearics? The hearing period is 10 working days from notification of the statement of charges, in accordance with the LPACAP.

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Legal notice: This article is for informational purposes only and does not constitute personalised legal advice. Every case has its own particular circumstances. Consult a professional before taking any action.