In October 2024, the Valencian Community experienced an unprecedented catastrophe. Intense rainfall, coupled with the ineffectiveness of the authorities, caused severe floods that affected all types of constructions. As a result of these events, various governments became aware and adopted measures to prevent future disasters. The Balearic community was no exception, and on December 13th, a Decree-Law was approved regulating constructions in areas at risk of flooding.
In this article, we will try to explain how this Decree-Law 6/2024 affects only constructions located on rustic land. To do this, we will talk about: i) determining which areas must be monitored; ii) analyzing the different scenarios based on a rustic plot only affected by flood zones; and iii) what precautions and obligations we should take into account.
I) What areas do we need to monitor?
While the competent administration has not carried out the hydrological studies necessary to determine potentially floodable areas and preferred flow zones (that is, I understand it refers to the determination of the main flows), dwellings may not be located in areas designated as “Risk Prevention Areas” (APR) by the territorial or urban plan. We currently have a database where we can check which plots are affected.
II) What scenarios can we find?
II.I.- Plots without construction where we want to develop a dwelling:
Until the hydrological plans are drawn up, the construction of new rustic dwellings will continue to be allowed, as long as these constructions are not located on flood-prone land (APR-flood). The good news is that if a plot is partially affected by floods, it will not affect the calculation of the minimum plot size. Only when these plans are approved, the possibility of locating new buildings will be more restrictive.
II.II.- Plots with illegal constructions located in a flood zone that can be legalized in an extraordinary way:
As is known, in 2024 the Balearic Government approved a Decree that allowed the extraordinary legalization of prescribed illegal rustic dwellings. Well, this Decree establishes that those dwellings located in areas that are determined to be flood zones or preferential flow zones as a result of approved hydrological studies or, before their approval, located in APR of floods, cannot be legalized through the extraordinary procedure.
II.III.- Plots with illegal constructions located in a flood zone that cannot be legalized in an extraordinary way:
These properties, in principle, can never be legalized. They cannot be legalized because they do not fall under the assumption of extraordinary legalization nor can they be legalized because they do not comply with urban planning parameters.
II.IV.- Plots with legal constructions:
We understand that, being a legal construction prior to the approval of this law, they may be maintained and works may be carried out on them. However, we do not believe that extensions or the construction of new annexes on the property can be authorized.
In any case, our recommendation is that each case, each plot, be studied individually, since each matter is different. Even between neighboring plots, attention must be paid to every detail.
III) What precautions and obligations should we take into account when buying a property located in a flood zone?
Finally, the aforementioned law obliges sellers to inform buyers clearly and precisely that the dwelling is located in a flood zone. Otherwise, they may be sanctioned by the administration.
To conclude, this Decree-Law 6/2024, which regulates constructions on potentially flood-prone rustic land, introduces important changes both for new buildings and for existing illegal and legal constructions. The regulations seek to guarantee the safety of future constructions and preserve the environment against natural catastrophes, such as floods. However, it is crucial that each case be analyzed individually, considering the particularities of each plot. In this way, compliance with the law can be ensured and risks to future buyers minimized, who must be adequately informed about the conditions of the property before carrying out any transaction.
