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Can a person report alleged urban irregularities?

Can a person report alleged urban irregularities?

05/03/2019

As a law firm specializing in real estate and urban planning law in Mallorca, we receive inquiries as to what should be done in the event of a suspected urban development offense. The "Agencia de Defensa del Territorio de Mallorca" (Authority for Landscape and Environmental Protection in Mallorca) is an autonomous authority of the "Consell de Mallorca", which has the fundamental function of protecting the urban legality in the geographical scope of the island.

The display of suspected urban planning violations can in part be levied by one's own "Agencia de Defensa del Territorio", by the Town Hall or even by a citizen.

In the latter case, the display by a private person, it is important to note that they are not subject to any formal requirement. The only thing that has to be considered is that they have to be formulated in written form and with an identification possibility of the submitting person.

Once written, they can be entered in the general register of "Agencia", in the registers of the "Consell de Mallorca", in the registers of town halls, in the registers of "Comunidad Autónoma" or in the general administration of the state or in any post office.

However, if the identity of the person does not wish to be stated, the "form for reporting of illegality on urban land" may be used, but this does not grant the status of a complainant and is subject to the limitations contained therein. This means conditionally that no notification of a suspected illegality takes place; that the complainant has no right to be informed about the course of the file; that one has no right to take urgent measures to stop suspected illegal work; that, in the presence of further files on the same works, the anonymous advertisement will be subsidiary to the previous ones; and that the advertisements, in the event that the "Agencia" believes that the work is time-barred, lawful or not punishable, are archived without notice to the anonymous complainant.

 

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