The construction of new dwellings and sensitive facilities is prohibited, as is the legalisation of existing out-of-order buildings.
The Decree Law has also been approved to amend various rules of the legal system of the Balearic Islands.
The Consell de Govern has approved Decree-Law 6/2024 on urgent measures for the protection of people and property in flood zones in the Balearic Islands. Despite the existence of a clear regulatory framework, the increasing frequency and intensity of extreme meteorological phenomena have highlighted the vulnerability of the territories to floods and floodwaters. For this reason, it is necessary to adopt all necessary measures to guarantee all people the right to enjoy a safe and healthy life and environment, a right referred to in Article 23 of the Statute of Autonomy of the Balearic Islands.
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The Decree Law for the protection of people and property in flood zones of the Balearic Islands is approved
The Decree-Law amends Law 6/1997, of 8 July, on rural land in the Balearic Islands, to prohibit the implementation of new single-family detached dwellings and sensitive facilities in flood risk prevention areas (SPR-APR), and in areas of preferential flow and flood zones on rural land.
In addition, existing out-of-order buildings in these areas cannot be legalised. In the case of agricultural buildings, constructions or installations, the procedure established within the delimitation of preferential flow areas that do not respect the limitations of the Regulation on the public water domain may not be applied.
Moreover, new development land is prohibited in flood risk prevention areas, and it is also stipulated that the conversion of existing premises into dwellings is not applicable in cases where the premises are located within the delimitation of preferential flow zones or the rest of the flood zones.
For the first time in the legal system of the Balearic Islands, owners of dwellings and buildings of any kind, and in general, of land located in flood zones, preferential flow zones or, where appropriate, flood risk prevention areas (SPR-APR), are obliged to inform the purchaser, clearly and reliably, of this circumstance. A specific sanctioning regime is foreseen in the event of non-compliance with this obligation.
Finally, the Consell de Govern has also approved Decree Law 5/2024, which modifies various regulations of the legal system of the Balearic Islands in the areas of natural spaces, development, agriculture, education, public employment, tourism, urban planning and housing, due to the result of the final processing of Law 7/2024, on urgent measures of administrative simplification and rationalisation of the public administrations of the Balearic Islands, approved by the Parliament of the Balearic Islands on 26 November 2024.