The key regulation: Decree 145/1997
The habitation certificate system in the Balearic Islands is governed by Decree 145/1997, of 11 July, of the Government of the Balearic Islands. This decree establishes:
- The types of habitation certificate (first occupation and renewal)
- The minimum habitability requirements a property must meet
- The competent authority for processing (the Consell Insular of each island)
- The 10-year validity period for all certificates
- The procedures for special cases (including carencia)
Minimum habitability requirements (Decree 145/1997)
For a habitation certificate to be issued, a property must meet all of the following:
- Floor area: Minimum of 20 m² for a single occupant, increasing with additional occupants. Specific minimums for each room type.
- Ceiling height: Minimum 2.50 m in habitable areas; 2.20 m in bathrooms and kitchens.
- Ventilation and natural light: Habitable rooms must have direct access to natural light and ventilation through windows or equivalent installations.
- Running water: The property must have cold running water connected to all sanitary installations.
- Electricity: The property must have a functioning electrical installation.
- Wastewater drainage: All sanitary installations must connect to a drainage system (public sewer or septic tank where applicable).
Who processes the certificate in Mallorca: the Consell Insular
A distinctive feature of the Balearic system is that habitation certificates are processed by the Consell Insular — not by the local council (ayuntamiento). In the case of Mallorca, the Consell Insular de Mallorca handles all applications for the island.
This means that regardless of whether your property is in Palma, Calvià, Andratx, Pollença or any other municipality, all applications go through the same body. Timescales, fees and documentation requirements are set by the Consell Insular, not by each individual council.
2026 updates: what has changed?
As of mid-2026, the core regulatory framework (Decree 145/1997) remains unchanged. The Consell Insular de Mallorca continues to process applications under the same procedure. Administrative fees have been updated slightly, which is why our prices include fees in full — you never receive an unexpected invoice from the administration.
The main practical consideration for 2026 is the high volume of applications due to strong property market activity. This contributes to the 2–6 week resolution timescale at the Consell. Planning ahead is more important than ever.