1. What legal regulations exist?
Legal situation of property owners whose buildings were affected by lava – Decree (1/2022)
Legal situation of land affected by lava – Decree (9/2023)
Legal situation of agricultural land affected by lava – Decree (3/2024)
2. Differences
3. What facilities, aid and compensation do these regulations provide?
4. General legal exceptions, facilities and compensation resulting from the volcanic eruption
1.1 Legal situation of property owners whose buildings were affected by lava
The legal options available to owners of buildings destroyed by lava are regulated in Decree 1/2022.
Who can benefit from this regulation?
People affected by the volcanic eruption who owned buildings that served as their primary residence, second home, or holiday property
What advantages does this regulation provide?
Affected owners have the right to rebuild these buildings on another plot of land on the island of La Palma.
What limitations apply to the land where reconstruction may take place?
The following areas are excluded:
Protected natural areas
Areas included in Red Natura 2000
Public domain land
Plots classified as risk areas according to the Island Spatial Plan
Plots classified as risk areas under the Flood Risk Management Plan
What requirements must the destroyed buildings meet?
The buildings must have been legally constructed, have legal protection as consolidated buildings, or have been built at a time when no relevant planning regulations existed.
What is the minimum size of land required for construction under this regulation?
The minimum plot size is 500 square metres.
Can these plots be registered as independent properties in the Land Registry?
Yes. At the same time as applying for the building permit, a subdivision permit may be requested to create a new plot of at least 500 m². Once this permit is granted, the subdivision can be formalised before a notary, and the newly created plot can be registered as an independent property in the Land Registry.
What is the maximum permitted building size?
The maximum permitted building size is equivalent to that of the destroyed building.
Does this also apply to other buildings that were destroyed on the property?
Yes. The maximum permitted building size (edificabilidad máxima) corresponds to the combined total area of all buildings that existed on the original property.
Is it possible to extend existing buildings to reach the maximum permitted building size?
The maximum permitted building size refers to the final total size of the building. If a building already exists, its current floor area is deducted from the maximum permitted building size to determine how much can still be added. However, according to the ruling of 13 December 2024, issued after a consultation by the municipality of Los Llanos de Aridane, extensions are not always possible. The reasoning is that an extension could effectively legalise an existing building that was originally constructed without a building permit. An extension is therefore only permitted if the existing building was originally constructed legally and has a valid building permit.
Does this rule also apply to other structures?
Yes. For example, if a swimming pool existed on the lava-covered property, another pool may be built on the new plot.
What other building regulations must be complied with?
Each new building plot must have access to a public road, to public water supply and to electricity, and each municipality also sets its own regulations regarding minimum distances, building heights and other planning requirements
How long do the benefits of this regulation apply?
Under this regulation, building permits may be applied for until the end of 2027.
1.2 Legal situation of land affected by the lava (Decree 9/2023)
Decree-law 9/2023 regulates the possibilities for reconstruction and use of land buried by the lava, taking as its starting point the factual situation that existed before the volcanic eruption.
1.2.1 Is the regulation under Decree-law 9/2023 the same across the entire lava-affected area?
Four zones are defined:
Areas with lava thickness of up to 10 metres high
Areas with lava thickness exceeding 10 metres high
Areas subject to precautionary restrictions
Recovery zones within protected natural areas
1.2.2 Where can this zoning be found?
A map showing these zones can be found in the annex to Decree-law 9/2023.
1.2.3 What types of buildings may generally be rebuilt on lava-covered land?
All buildings that previously served any of the following functions:
Residential buildings
All tourism-related buildings
Commercial buildings
Restaurants
Industrial buildings
Agricultural buildings
Infrastructure
Any other previously established and consolidated use
1.2.4 Does obtaining a reconstruction permit outside the lava zone under Decree-law 1/2022 remove the possibility of rebuilding within the lava zone?
No, both decrees are fully compatible and do not exclude each other.
1.2.5 What impact does this zoning have?
Areas with lava thickness exceeding 10 metres of height require a technical geological study and special permit for their reconstruction.
In areas subject to precautionary restrictions, reconstruction permits will not be issued, unless new specific regulations are introduced under the Natural Reserves Law.
In protected natural recovery zones, the specific regulations of the respective protected area apply.
1.2.6 What other options exist for affected owners whose buildings are located in such zones?
Unless reconstruction is permitted through a technical geological study or special licence, affected owners have the option to rebuild their buildings on another property, as long as it is located within the lava zone.
1.3 Legal situation of agricultural land affected by lava
1.3.1 What reconstruction options exist for agricultural land?
The main objective of this regulation is to provide all possible options to restore agricultural activity, including all the buildings, installations, and agricultural infrastructure.
2. Differences
2.1 What differences arise between the reconstruction regulations?
Reconstruction outside the lava zone is limited to primary residences, second homes and holiday homes. Within the lava zone, however, any type of building may be reconstructed, provided it corresponds to its previous use. Another difference concerns proof of previous existence, and you are required to provide legal proof of the existence of the destroyed building if you want to rebuild them outside the lava zone, whereas you only require objective evidence for rebuilding inside the lava zone.
3. What facilities, aid and compensation do these regulations provide?
People who lost their primary residence due to the volcano are exempt from Property Transfer Tax (ITP — Impuesto sobre Transmisiones Patrimoniales) when purchasing a new primary residence.
People who lost a commercial building due to the volcano are also exempt from Property Transfer Tax (ITP — Impuesto sobre Transmisiones Patrimoniales) when purchasing a replacement commercial property, provided the new property serves the same purpose.
People who replace their primary residence, second home or commercial building with a newly constructed building are exempt from Canary Islands General Indirect Tax (IGIC — Impuesto General Indirecto Canario) on the new construction.
People replacing their primary residence with a new building are also exempt from Stamp Duty Tax (AJD — Actos Jurídicos Documentados) on the declaration of new construction. This exemption does not apply to second homes.
4. General legal exceptions, facilities and compensation resulting from the volcanic eruption
4.1 What other changes arise from these regulations?
4.1.1 Is it possible to apply for a tourism building permit in the municipality of Los Llanos under the Green Islands Law (Ley de Islas Verdes)?
Yes. The new regulation allows tourism construction permits in the municipality of Los Llanos under the Green Islands Law, even if the municipality has not yet adopted a new spatial planning plan.
4.1.2 What happens to building permits issued before the volcanic eruption that could not be implemented?
Building permits issued before the eruption remain valid. If the project is located in an area so severely affected that construction cannot currently take place, the permit will remain valid for four years from the date construction can begin.
4.1.3 Medium-sized tourism projects and other projects on rural land normally require an environmental impact assessment. Does this also apply to reconstruction of buildings destroyed by lava?
No. Any new construction, reconstruction or replacement building within the lava zone is exempt from environmental impact assessment requirements.
