The new government has approved a decree law, Decree Law 3/2024, of 24 May to allow the legalisation of irregularities of buildings, constructions, installations and uses on rural land that are time-barred, i.e. on which the administration can no longer act.
This will allow the regularisation of buildings, constructions, installations and uses that were built without planning permission or that are out of order, on which any type of infraction and sanction has already expired, i.e. constructions that are more than 8 years old, counting from the entry into force of this decree.
This also includes extensions, swimming pools or porches.
The owners will have a maximum of 3 years to do so and will have to pay the same fees and taxes as if it were a new construction, as well as a penalty on the value of the work to be legalised.
This penalty will be:
– 10% of the value if it is regularised during the first year of validity of the decree.
– 12.5% of the value if it is regularised during the second year of validity of the decree.
– 15% of the value if it is regularised during the third year of validity of the decree.
There will be bonuses for incomes below 33.000€ per year of 50% and 25% for incomes up to 52.800€ per year.
It is very important to note that such dwellings that will benefit from this regularisation will never be able to apply for a tourist rental licence.
Excluded from this possibility of legalisation are agrotourism and rural hotels with illegal constructions, constructions in areas of public domain or expropriation.
In case of being located on protected rural land (ANEI), only those constructions built before the entry into force of the Law on Land Management and Use of 29 May 2014 and must be prior to 10 March 1991 if the land is included in the scope of the Law on Natural Spaces.
Once this 3-year period has expired, the irregularities can no longer be legalised.
Therefore, it is a great opportunity that will increase the value of the property, which will benefit from having all the papers in order with the administration and will undoubtedly speed up the sale process for buyers.
