Schematically, the decree-law introduces the following important new features:
a.- prohibition of authorisation of new single-family dwellings: the decree-law requires the competent Administration in hydraulic matters to carry out a delimitation of flood zones and so-called preferential flow zones, in which it will not be possible to build; until such delimitation does not happen, a more generic prohibition of granting licences is established, which affects all plots located in the so-called Flood Risk Prevention Areas (SRP-APR), which cover a larger part of the territory;
b.- On the other hand, an important restriction is established to the so-called Urban Planning Amnesty agreed by Decree Law 3/2024; as the reader will remember, for a period of three years, in the Balearic Islands the a posteriori legalisation of buildings implemented without a licence is allowed if a series of requirements are met; this legalisation will no longer be possible, thus, if the dwelling is included in areas of preferential flow or flooding; until these areas are not defined, temporarily the prohibition affects all the Flood Risk Prevention Areas.
c.- A very important novelty at a formal level which affects Lawyers and Notaries is the introduction of a new point in the Balearic Housing Law: it is considered a serious infringement – which implies a fine of 30.000.- to 90.000,- € – not to inform the buyer that the property object of the contract is located in a flood zone, preferential flow or flood risk area.
The approved measures are in line with the social debate that has been triggered in Spain after the terrible events of October. But the problem will be where it has always been: not in the regulation, but in its implementation: until a precise definition of the flood zones is produced, the restrictions will temporarily affect a wider territory. So the question arises: how long will it take to define these flood zones? And what will happen if this definition takes so long that it ends up exceeding the three-year deadline for the planning amnesty? As always, time will tell, yes, but in the meantime, clients are demanding answers…