The State will put a stop to building in flood-prone areas after decades of urban pressure in the Balearic Islands

PalmaThe Spanish government has decided to take action to eliminate the possibility, however incredible it may seem, that new constructions in flood-prone areas can still be authorized today. Following the tragedy in the Valencian Community, autonomous communities like the Balearic Islands and local councils have not managed to impose strict criteria prohibiting new authorizations in risk zones, which is why the state executive is preparing a new royal decree that tightens the rules for building in flood-exposed areas. Specifically, it sets a clearer limit and prohibits new residential uses in the most dangerous areas, such as the known preferential flow zones. The regulatory project, still in the public information phase, establishes that in preferential flow zones, new homes cannot be authorized, not even on already urbanized land. It therefore reinforces the principle that the risk of flooding must condition land use planning.

In the Balearic Islands, this issue became particularly controversial when Marga Prohens's government wanted to abolish the restrictions in risk zones that the coalition had imposed. Finally, it eliminated the prohibitions in all risk zones except for flood-prone ones. However, reality is not that simple, and constructions, mainly residential ones, continue to be processed. Palma is one of the municipalities processing the most projects in this regard. Even though it is known that generic regulations already refer to the need not to authorize anything in flood-prone areas, "the application is always self-serving," explains a municipal legal technician consulted by ARA Balears. "If a license can be granted, it is granted, by seeking arguments of all kinds," he states.

constructions, mainly residential ones, continue to be processed. Palma is one of the municipalities processing the most projects in this regard. Even though it is known that generic regulations already refer to the need not to authorize anything in flood-prone areas, "the application is always self-serving," explains a municipal legal technician consulted by ARA Balears. "If a license can be granted, it is granted, by seeking arguments of all kinds," he states.

The new state royal decree now introduces a common limit for all autonomous communities: regional governments and local councils will be able to manage risk, but they will not be able to lower the state minimum protection levels in the most dangerous areas. The Balearic Islands have their own competences in water resources, but the new state royal decree sets a common minimum protection that the autonomy cannot reduce.

In the Balearic Islands, the debate will have a special impact in municipalities crossed by torrents or with low-lying areas exposed to intense rainfall episodes. Authorizations that do not comply with the strict minimums set by the State will not be permitted.

The tragedy in the Valencian Community sets the path

The reform modifies the Public Hydraulic Domain Regulation, the Flood Risk Assessment and Management Regulations, the Public Administration of Water Regulation, and the General Coastal Regulation. The Ministry justifies the change due to the increase in extreme episodes and the need to adapt the regulations to the new climate scenario, especially after the 'dana' of October 29, 2024. It does so through a formula, that of a royal decree, which once public information and relevant consultations have been completed, can be approved by the Council of Ministers without needing validation in Congress, where Sánchez's majority is always complicated.

The main novelty is that the text strengthens the protection of preferential flow zones, areas where water concentrates with greater intensity during a flood and where the risk to people and property is higher. In urbanized land, the rule introduces an express prohibition of new residential uses in these areas, while the previous regime could admit certain actions if they met technical requirements.

In rural land, the restriction is even more severe: preferential flow zones must maintain this situation and only very specific exceptions will be admitted, such as small agricultural buildings and actions linked to recognized hydraulic uses.

It also limits schools, hospitals, and residences in risk zones

The project does not only affect housing. In the areas with the highest risk, it also restricts the establishment of new facilities considered sensitive, such as educational centers, health centers, residences for the elderly or disabled, large commercial areas, and certain installations that could increase vulnerability to flooding.

In the rest of the floodable areas, outside the preferential flow, residential construction will continue to be possible, but with new adaptation conditions: homes must be located at least one meter above the reference flood level and cannot have basements or underground garages.

A paradigm shift: risk now orders the territory

The new regulation reinforces the idea that defense works cannot be the only response to floods. The Ministry argues that urban planning is one of the main tools for reducing exposure to risk and avoiding new developments in vulnerable areas.

Therefore, municipalities will have to incorporate the official flood risk mapping into their urban planning instruments within five years. If they do not, the reports from the river basin organizations may be unfavorable for new urban developments. In addition, town councils will have to develop flood risk adaptation programs with identification of vulnerable areas, affected buildings, protection measures, and alert systems.

Flood risk will be registered in property sales

Another relevant novelty is that the risk will become part of the mandatory real estate information. When a property affected by a preferential flow zone or a floodable zone is sold, this circumstance must be stated in the deed of transfer and reflected in the Property Registry. Without this declaration, the transfer cannot be registered.

The measure may have particularly relevant effects in territories with high urban pressure, as it incorporates the risk of flooding as an element that will also affect the real estate market.