Who can apply?

Individuals and legal entities (through previously disclosed legal representative).

Documentation required

• Application form signed by the interested party or representative.
• When the request is made through a representative, accreditation of the representation by any legally valid means that leaves a reliable record of its existence must be provided in the terms stipulated in article 5, Law 39/2015, 1 October, on common administrative procedure for public administrations.
• Proof of payment of the fees for processing the urban planning licenses application (0.25% of the works budget, with a minimum of €60.10).
• Literal certification of ownership of the registration of the plot in the Property Registry, the original document must be submitted, with a maximum age of 6 months.
• Statistical report on building and dwelling.
• Technical project in digital format, prepared by a competent technician, digitally signed by the technical writer or with an electronic visa from the respective official association, in the terms stipulated in article 10, Law 39/2015, 1 October, on common administrative procedure for public administrations.

*Please note: When the technical project in digital format must be processed for other organizations in order to obtain the authorizations and/or mandatory reports whose request must be processed by the Town Hall, it must be submitted with the least number of PDF files and the size no greater than 10 megabytes per file 

• Photographs of the plot and its adjoining plots, from the road (or roads) opposite, where its specifications can be viewed.
• Photographs in which the existing infrastructures in the roads opposite the plot can be seen.
• Topographic plan of the plot, superimposed with the cartographic base employed, in CAD (dwg) editable format and geo-referenced in the Huso ETRS89 Huso 31 system, in which the existing trees are included.
• Full scale site plan 1:1.000 expressing the situation of the plot or property with reference to the public or private roads that border the entire block in which it is located or of the property. The distances of the work to the public road and to the nearest pavement must be marked out and the direction and the official alignments and gradients of the access road must be indicated. Similarly, the urban services, the trees, the lampposts and the street furniture must be indicated, setting, in addition, the connection points to the service networks. (Article 4.1.07 Subsidiary Regulations).
• Proof of the condition of a plot of land, in accordance with the provisions of 25 of current Law 12/2017, 29 December, on Balearic Islands Urban Development (LUIB) or, failing that, proof of the services available with an indication of those that must be executed simultaneously with the building and in accordance, similarly, with article 2.3.04, Santa Eulària des Riu Subsidiary Planning Regulations. If the plot is affected by roads or EL-P the request for the separation of that area must be incorporated for its subsequent transfer to the Town Hall and perform the computation of the parameters on the net plot.
• The application for the license will be accompanied by the authorizations or reports that the applicable legislation requires prior to the license and when it involves the occupation or use of the public domain, the authorization or concession of the administration that owns it will be provided.

Documentation required in certain particular cases:

• Plots with a surface area or dimension less than those established as minimum by the Subsidiary Planning Regulations: a subdivision or separation license must be provided or, if this is not required, proof that the plot comes from a legal subdivision prior to the entry into force of the current Subsidiary Planning Regulations.
  In the event that there are buildings on the plot and provided that are not in an out-of-order situation, their legality must be proven or proof of an age greater than 1956 provided.
  
• In the event that it is a building from before 1956, a historical and archaeological study must be submitted in the terms established in Decree 14/2011, 25 February, which approves the Regulation on archaeological and paleontological excavations in the Balearic Islands for vertical archaeology excavations in buildings.
  
• If the plot is located in an area affected by avigation easements, the necessary documentation must be submitted for processing before the State Aviation Safety Agency of the respective mandatory prior authorization.
  
• In the event that the plot is located in a public water supply police area, a flood-prone or potentially flood-prone area, the developer must accompany the application for the building license with the request for authorization previously submitted to the Water Resources Department according to the duly completed official model, except when this concerns works referred to in section 2, Additional Regulation 9, Decree Law 3/2020, 28 February (Balearic Islands Official Gazette no. 28, 05.03.2020):

- For conservation or renovation of existing constructions and buildings in flood-prone and potentially flood-prone areas, except that they are executed in basements or are linked to public uses and services, in accordance with the provisions of article 105.3, Royal Decree 51/2019.

- For the conservation and renovation of existing buildings in the police area, which are not new builds or do not involve the modification of the orography of the land or an increase in the occupied area, which may represent an obstacle to the waters or their diversion.

• In the event that the plot is located in a risk protection easement area, or police area, in matters concerning, amongst others, roads, fires, coasts, etc., the specific documentation which, where appropriate, is required for the request for mandatory reports or authorizations in accordance with the applicable sectoral legislation.
  
• In the event that works are undertaken in the Roca Llisa, Can Rimbaus or Can Pep Simó developments, a report from the Owners’ Association on the project and a certificate of the existing infrastructure at the foot of the plot must be provided.. 

COMMON DOCUMENTATION REQUIRED PRIOR TO THE WITHDRAWAL OF THE LICENSE

• Construction and demolition waste management study endorsed by the respective professional association, and deposit of the respective bond as a guarantee for the correct management of the waste generated by the construction and/or demolition, in accordance with the Construction and Demolition Waste Bylaws (Balearic Islands Official Gazette no. 118, 12 August 2010), modified by agreement on 29.07.2011 (Balearic Islands Official Gazette no. 128, 27.08.2011).
• Heatlh and Safety study or basic study where applicable.
• Undertaken by the works manager, appointment of the Project Execution Manager, appointment of the health and safety coordinator and appointment of the builder.
• Documentation indicated for this purpose in the adjudication authorizing the work project.
  In the case of road transfer or EL-P, the original deed and entry in the property registry must be submitted.

Where do I apply?

Via the Electronic Registry at the Town Hall’s electronic headquarters www.santaeulariadesriu.com (provided that you have an electronic signature, according to article 10, Law 39/2015) or the Municipal Offices General Registry.

Price and payment method

• Urban planning application processing fee: 0.25% of the budget at the time of application. (Minimum € 60.10). This must be paid before submitting the license application, attaching to this the proof of payment.
  
• Building, installations and works tax (ICIO): 3.8% of the material execution of works budget. When the license is granted, a provisional self-assessment will be made, determining the tax base based on the budget submitted by the interested parties. In the event that the budget submitted does not meet the school minimums, the tax base will be determined by the municipal technicians, in accordance with the estimated cost of the project.

In view of the building, installations and works actually carried out and their real effective cost, the Town Hall, through the appropriate administrative verification, will modify, where appropriate, the tax base, making the respective final settlement, and demanding from the taxpayer, or reimbursing them, where appropriate, the respective amount.

• A bond for construction and demolition waste management, 110% of the waste management study budget, according to Construction and Demolition Waste Bylaws (Balearic Islands Official Gazette no. 118, 12 August 2010), modified by agreement on 29.07.2011 (Balearic Islands Official Gazette no. 128 de 27.08.2011).
  
• Performance guarantee for the simultaneous execution of the building and development works. To be determined based on the development works to be carried out.
  
• Where appropriate, fee for occupation of public roads, in accordance with the stipulations of the Bylaws on Civic Relations and Regulation of the Use, Occupation and Cleaning of Public Roads (Balearic Islands Official Gazette no. 97, 30.07.2016), articles 1, 5, 36 to 41 and 56, regulated by the Tax Bylaws Regulating the Fee for Occupation of Land for Public Use with Merchandise, Construction Materials, Debris, Containers, Fences, Jacks, Props, Scaffolding and other similar facilities.
  
• In the event that in addition a ford for the execution of the work is required, a request to that effect must be made in a separate procedure, and the respective fee must be paid. 

Payment methods:

• Self-assessment generated by the General Registry in view of the documentation submitted, according to the rate set in the municipal tax bylaws for the current year.
  
• By payment card at the General Registry when submitting the documentation.
  
• Payment on the day documentation is submitted or the following day at any of the participating banking entities that appear in the self-assessment, or online on the Santa Eulària des Riu Town Hall website.

Regulations

• Law 39/2015, 1 October, on common administrative procedure for public administrations.
  
• Balearic Islands Urban Planning Law (LUIB) 12/2017 and its modifications, 29 December.
  
• Balearic Islands Municipal and Local Government Law 20/2006. 15 December.
  
• Decree Law 8/2020, 13 May, for Urgent and Extraordinary Measures for the Promotion of Economic Activity and Administrative Simplification in the Field of Public Administration of the Balearic Islands to alleviate the effects of the crisis caused by COVID-19.
  
• Law 2/2020, 15 October, of Urgent and Extraordinary Measures for the Promotion of Economic Activity and Administrative Simplification in the Field of Public Administration of the Balearic Islands to alleviate the effects of the crisis caused by COVID-19.
  
• Santa Eulària des Riu Subsidiary Planning Regulations.
  
• Building and Demolition Waste Bylaw (Balearic Islands Official Gazette no. 118, 12 August 2010) and its modification on 29.07.2011 (Balearic Islands Official Gazette no. 128, 27.08.2011).
  
• Regulatory Bylaw on Noise and Vibrations, Articles 15 and 21 (Balearic Islands Official Gazette no. 19, 14.02.2017).
  
• Stoppage of Works during Summer Bylaw (BOCAIB no. 139, 15.11.1990) and modification (Balearic Islands Official Gazette no. 66, 10.05.2012).
  
• Bylaws on civic relations and the regulation of the use, occupation and cleaning of public roads (Balearic Islands Official Gazette no. 97, 30.07.2016), articles 1, 5, 36 to 41 and 56.

Who processes the application?

Urban Planning and Activities Department.

Starting the procedure

At the request of the interested party.

Requirements

Submit a completed general application accompanied by the aforementioned documentation.

Processing office

Urban Planning and Activities Department.
C. Mariano Riquer Wallis, 4 (3ª planta)
07840 Santa Eulària des Riu (Ibiza)
Tel. 971332800

Adjudicatory body

The Mayor’s Office, and by its own appointment, the Local Government Board.

Effects of administrative silence

Positive

Term for decision

The express decision will be notified within a maximum period of THREE MONTHS from the submission of the application together with the documentation required for its processing, notwithstanding the cause of the interruption of the term as well as its extension in the terms established in articles 22 and 23, Law 39/2015, 1 October, on common administrative procedure for public administrations.