The Legal and Administrative Framework in Mallorca

Why Each Municipality Applies Its Own Planning Regulations

Although the Balearic Islands share a common legal framework at the regional level, municipal regulations are the decisive factor in any project. What appears on paper as a homogeneous system is in reality a framework characterised by significant municipal diversity, with planning regulations, procedures, and interpretations that vary from one town hall to another.

1. A Common Framework – National and Regional Legislation in the Balearic Islands

The legal framework that governs urban planning and administrative procedures is composed of:

• Ley de Suelo (Law 7/2015, BOE No. 261, 31 October 2015).
  Regulates land use, determining which plots are developable, protected, or rural. It sets out procedures for urbanisation and construction and defines owner obligations such as maintenance and contributions to the public good.
• Ley de Ordenación de la Edificación – LOE (Law 38/1999, BOE No. 266, 6 November 1999).
  Defines quality requirements in construction and the responsibilities of all agents involved: developer, architect, engineer, and contractor. It also establishes guarantee periods.
• Ley de Urbanismo de las Illes Balears – LUIB (Law 12/2017, BOIB No. 160, 29 December 2017).
  Regulates spatial and urban planning in the Balearic Islands. It defines land categories, municipal responsibilities, and procedures for planning instruments, licences, and sanctions. Its aim is to provide legal certainty for owners, investors, and administrations in the use and development of land.
• Pla Territorial de Mallorca – PTM (latest revision BOIB No. 73, 3 June 2023).
  The island-wide plan, approved in 2004 by the Consell de Mallorca, regulates land use, protection, and development across Mallorca. It provides the framework for municipal planning instruments (PGOU, NNSS).

In principle, these laws establish common rules for the entire island. In practice, however, the details – such as specific parameters, the interpretation of planning regulations, and the application of procedures – are defined by each municipality.

2. Municipal Complexity

Each of Mallorca’s 50-plus municipalities has its own planning framework:

• PGOU – Plan General de Ordenación Urbana, where a comprehensive and current municipal plan exists.
• NNSS – Normas Subsidiarias, applied as an alternative or transitional regime.

Current situation (2025):

• Only 4 out of 53 municipalities have a fully updated PGOU.
• Just 9 have adapted their planning to the PTM.
• 22 municipalities are currently revising their planning instruments, with temporary rules in place.

Individual norms and parameters.
Each municipality sets its own criteria for density, volume, and development rights. Calculations and coefficients can vary widely between town halls, leading to a considerable diversity of requirements across the island.

Historic urbanisations.
Many residential areas were developed privately during the 20th century, often without adequate infrastructure. Some have since lost their building rights and are now classified as non-developable; others remain legally developable but lack basic services such as water supply or sewerage. In many cases, municipalities have not intervened to regularise these situations.

Differences in administrative processes.
Although all municipalities operate under the LUIB, each town hall organises the building permit process in its own way: which documents must be submitted, at what stage, and in what order. There is no uniform approach, requiring careful adaptation to each case.

Variable efficiency.
Processing times differ substantially. Some municipalities review projects quickly and grant permits within reasonable timeframes. Others take considerably longer, require additional reports, or face administrative bottlenecks due to lack of staff. As a result, the time required to obtain a building licence can vary significantly depending on the municipality.

Conclusion: The Value of Local Experience

Although the Balearic Islands share a common legal foundation, differences between municipalities in their planning regulations and administrative procedures are decisive.

Anyone intending to develop a project in Mallorca must understand the local ordinances and the way each municipality organises its licensing process.

For this reason, appointing an architect or team with proven local experience in the specific municipality is essential. Their knowledge ensures compliance with planning regulations, streamlines administrative procedures, and provides the certainty required for a successful project.