Building licence for a swimming pool in Mallorca

The first question before building a pool is usually the same: do I need a licence? In Mallorca, if it is a concrete pool, yes. Excavation counts as earthworks, and the Balearic planning law makes it subject to a municipal licence. What changes from one municipality to another are the taxes, the distances to neighbours and, in the countryside, the size limits.

In this guide to the building licence for a swimming pool in Mallorca, we go through what Law 12/2017 on planning in the Balearic Islands, the municipal tax bylaws and the Palma general plan say in 2026, with the articles and links to each source. We have prepared it from our experience as a swimming pool company in Mallorca since 1984, but each licence is granted by the town hall: always check with yours and with the project's technician.

What permit do you need to build a swimming pool in Mallorca?

An in-ground pool needs a municipal building licence. Article 146.1 of Law 12/2017 on planning in the Balearic Islands requires a prior licence for earthworks and for works that need a technical project, and a concrete pool involves both. Prior notification, which is quicker, is reserved for simple works that do not need a project.

The law itself rules out the quick route in two cases: earthworks and any work on protected rural land can never be processed by prior notification (Article 148.2). By contrast, a minor renovation of an existing pool, such as changing the lining, may fall under that procedure if it does not need a project. In Palma, the prior notification form in force since September 2025 does not cover building new pools.

None of the regulations approved between 2024 and 2026, including Law 7/2024 on administrative simplification, have changed this rule.

What documents does the town hall require for a pool licence?

The key document is the technical project. The Spanish Building Act treats the development elements attached to a building as part of it (Article 2.3), and a pool linked to the home usually falls within that. Along with the licence application, the file usually includes:

• Technical project signed by a competent technician, endorsed by their professional association when it is an execution project.
• Appointment of the works director and the construction director.
• Proof of payment of the urban planning fee and self-assessment of the construction tax.
• On completion, the final works certificate signed by both directors, who are responsible for its accuracy.
• In Palma, a first occupation or use licence once the work is finished.

Since Law 7/2024, there is also an optional route: a collaborating urban planning certification entity (ECU) can certify the project before the city council makes a decision. Using this option is voluntary.

How long does a building licence for a pool take?

The law gives the town hall a maximum of three months to make a decision, starting from when the file is complete (Article 151.4 of the Balearic Urban Planning Law). If they request additional documentation, the deadline is suspended until it is submitted. In practice, it can take considerably longer: in February 2026, the Deputy Mayor for Urban Planning of Palma put the average at 9 to 12 months with the complete documentation, and between 1 and 3 months via an ECU.

It is not wise to rely on administrative silence. Balearic law treats it as positive, but the national land law requires an express decision, with negative silence, for earthworks and new construction (Article 11.4 of the consolidated text of the Land Law). That is why it is best not to start work until you have the licence granted in writing.

Once the licence is granted, the start of works must be notified at least ten days in advance. Unless the general plan says otherwise, works must begin within six months and finish within three years, with a possible extension of half of each period (Article 154).

That is why the timetable is planned backwards. Anyone who wants to swim in summer needs the project and the application ready in autumn, which is why it is the time to start planning your custom pool construction in Mallorca.

How much are the licence taxes for a swimming pool in Mallorca?

A licensed pool pays two municipal levies: the construction, installations and works tax (ICIO) and the planning services fee. Both are calculated on the actual cost of the work and vary by municipality. These are the rates in force in 2026 according to each town hall's tax bylaws:

In Palma, the 2026 tax bylaw deducts half of the fee paid from the ICIO, so the combined charge is around 5.3% of the cost. For a €30,000 project that would be about €1,590: €783 in fees and €808.50 in ICIO. The tax is due when the work starts, and in Palma the part relating to solar energy for self-consumption gets a 95% reduction in the ICIO.

In addition to this, there are the project fees and the construction management fees, which are not taxes and depend on the technician.

Can you build a swimming pool on rural land in Mallorca?

Yes, but within limits set by law. Since late 2022, Article 68 bis of the Balearic planning law allows at most one pool per property linked to a single-family home, with a water surface of up to 35 m² and a volume of 60 m³. In addition, in Mallorca the part of the plot occupied by the building and other built elements must stay below 4% (Article 28.2 of the Law 6/1997 on rural land).

Each municipality can add its own conditions. In Palma, the general plan requires a pool on rural land to be attached to a legal single-family home, to be the only one on the plot, to be rectangular and to have its whole water surface counted as part of the home's footprint (Article 215). On protected rural land nothing can be processed by prior notification, and illegal works never become time-barred.

How far from the neighbours can a swimming pool be built?

There is no single distance for the whole of Mallorca: it is set by each municipality's general plan. On urban land in Palma, the pool does not count as occupied plot area, although its plant room does if it rises above ground level (Article 118.2 of the PGOU), and it must keep the same distances to boundaries as the house (Article 119.4).

In detached single-family housing zones, that distance to neighbouring boundaries ranges from 3 to 5 metres depending on the subzone. In terraced houses, pools beyond the buildable depth cannot lower or raise the ground by more than 1 metre on flat land, or 1.90 metres on sloping land (Article 108.4). Check the consolidated text of the urban planning regulations of Palma or your municipality's plan before deciding where the pool shell goes.

Does an above-ground or removable pool need a licence?

Neither Balearic law nor any town hall in Mallorca specifically regulates above-ground or removable pools. The planning law only exempts from all procedures small works under €3,000 carried out entirely inside a building (Article 145.2), which does not fit a pool in the garden.

If installing it requires building work, such as a concrete slab, excavating to partly sink it or new installations, the general rules apply, and earthworks always require a licence. The prudent thing is to ask the town hall before buying one. If you are weighing up this option, on pools without building work we compare the Poolins and Laghetto models, and in our section on above-ground and removable pools you will find the ones we install.

Can you fill your pool with mains water in 2026?

It depends on the municipality and the drought situation. The Hydrological Plan of the Illes Balears (Royal Decree 49/2023) prohibits fully draining a pool, except for repairs or health reasons, and calls for plans and bylaws to limit filling with mains water. The Drought Plan goes further: in an emergency phase it prohibits filling or refilling any pool.

In September 2026 no area of Mallorca was in an emergency, with reserves at 36%, but some municipalities have issued their own bans. Valldemossa banned filling pools on 31 August because of the state of its reservoirs, and Campos banned mains water for that use on 7 September. Before setting a filling date, check the restrictions in your municipality. And once it is full, a pool cover reduces evaporation and the water that has to be topped up.

What changes if the pool belongs to a homeowners' association or a hotel?

In addition to the license, health regulations also come into play. For the Royal Decree 742/2013, a pool in a community of owners is for private use (type 3A) and must meet some of its technical and health requirements. A hotel pool is for public use and, among other things, must notify its opening and submit its data every year before 30 April.

Balearic Decree 53/1995 adds obligations for pools in tourist establishments and for collective use, such as one lifeguard for every 250 places of capacity, and expressly excludes those of residents' communities. Registration is done in the Balearic Government's pool register. If you manage one of these facilities, you may also be interested in our service of pool maintenance for communities and hotels.

What happens if a swimming pool is built without a permit?

The town hall can act while the works are under way and for up to eight years after they finish to restore legality, which may mean legalising the works if possible or undoing them (Article 196 of the Balearic planning law). On protected rural land there is no such time limit: illegal works never become time-barred.

For works on rural land that can no longer be demolished, Mallorca has had an extraordinary legalisation process open since 15 February 2025, for three years, with a payment of 10% to 15% of the construction cost depending on the year of application. This provision has been challenged before the Constitutional Court. In any case, the cheapest option is to do it properly from the start.

Frequently asked questions about the building licence for a pool in Mallorca

Which swimming pools do not require a building permit in Mallorca?

No Balearic regulation exempts swimming pools in general. The urban planning law only exempts from permits works costing less than €3,000 that are carried out entirely within a building. A concrete pool requires a permit because it involves excavation. For above-ground or removable pools, there is no specific rule: if they require a foundation, excavation, or installations, they are processed like any other construction project. Always check with the town hall.

Who signs the swimming pool project to apply for the permit?

A competent professional drafts and signs the project, which the professional association endorses when it is the construction project. During the works there is a works director and a construction director, and on completion both sign the final works certificate, for which they are responsible under the Spanish Building Act. Whether a specific job falls within that Act's exceptions is assessed by the professional and the town hall.

How much tax is paid on a €30,000 swimming pool in Palma?

Approximately €1,590 in 2026. The urban planning services fee is 2.61% of the cost, €783, and the ICIO (Construction, Installations and Works Tax) is 4%, €1,200, from which the ordinance of Palma deducts half of the fee, leaving €808.50. These are the municipal taxes; the project fees and construction management fees are separate and set by each technician.

Can a removable pool be installed on rural land in Mallorca?

There are no specific regulations for above-ground pools on rural land. Balearic law limits new pools on rural land to one per property connected to a dwelling, with a maximum surface area of 35 m² and a maximum volume of 60 m³. On protected rural land, no permits can be issued through prior notification. Before installing your pool, consult your local council to determine the appropriate procedure for your plot and its land classification.

Do you want to start your pool project this autumn?

A well-prepared licence starts with a good project. At Hidro Balear we work on it with our own engineering team and guide you through the procedures so that the works start with everything in order. If you would like to know more, take a look at our pool construction in Mallorca or first read the ten tips before building a swimming pool. You can visit us at our Palma and S’Arenal stores, Monday to Friday from 8:00 to 17:00, or write to us from contact.

This content is for guidance only and is up to date as of October 2026. The conditions of each licence are set by the town hall and your municipality's planning rules: always confirm them with the town hall and with the project's technician.