Mallorca is synonymous with an idyllic lifestyle: sun, Mediterranean gardens, and, of course, pools that are the heart of social life in summer. However, behind this paradisiacal image lies an increasingly critical reality: water scarcity. By mid-2025, this situation has led the Balearic Government to implement strict regulations that directly impact the value, legality, and enjoyment of properties on the island.
For any current or future property owner or investor, understanding this new reality is no longer an option, it is a necessity. In this definitive guide, the Zaino's Capital team thoroughly analyzes the legal framework, the current restrictions, and, most importantly, the solutions and strategies to navigate safely and protect the value of your real estate assets.
Key Points of this Article:
- The pools on rural land have very strict regulations, and their construction is, in many cases, prohibited.
- The Drought Decree of 2025 prohibits filling new swimming pools with water from the public supply.
- A farm with a legalized well has exponentially increased its market value.
- The legality of water is now a critical factor in the valuation and sale of a property in Mallorca.
The legal framework: Who sets the water rules in Mallorca?
The management of water in the islands is a shared responsibility. The main regulation that every property owner must be aware of is the Hydrological Plan of the Balearic Islands (PHIB), approved by Decree 4/2023 for the 2022-2027 cycle. This plan is the "bible" that regulates how every drop of water is managed and used, always under the umbrella of state law, Royal Legislative Decree 1/2001, known as the Consolidated Text of the Water Law.
However, the factor that changes everything in 2025 is the exceptional Drought Decree activated by the Balearic Government, whose temporary measures take precedence over the general regulations.
Swimming pools in Mallorca:
Luxury under the spotlight
The dream of having a pool faces a strict legal reality. Its construction and use depend on critical factors.
Construction of new swimming pools: The challenge of rustic soil
While in urban areas construction is usually permitted as long as it complies with municipal regulations, in rural areas the situation is very different. The construction of new swimming pools is heavily restricted and, in many areas, outright prohibited, unless it is linked to a legalized main residence. An illegal pool is a serious urban infraction with the risk of high fines and a demolition order.
The drought decree 2025 and its consequences: Can I fill my pool?
- Prohibited to fill new swimming pools initially with water from the public network.
- Prohibited to empty and refill existing swimming pools.
- Partial refilling is only allowed to compensate for evaporation.
Legal wells: The most valuable asset of a rural property
With the restrictions on network water, properties with their own wells have become the most sought-after asset.
The difference between a legal well and an illegal one
A legal well is one that is registered in the Water Registry and has an administrative concession from the General Directorate of Water Resources. Buying a property with an illegal well is a huge responsibility and a risk. The value of a property with a legalized well and a valid concession has skyrocketed.
How to know if a well is legal? The essential Due Diligence
It is vital to demand documentation and verify it. At Zaino's Capital, as part of our service asesoramiento a compradores.We conducted a thorough due diligence to verify the legal status of all elements of the property, including water rights.
Practical guide and sustainable solutions
If you sell or buy
It is crucial to have all the documentation in order (completion of the pool construction, well concession). The lack of these papers can halt a sale or lead to a downward negotiation. A valoración profesional must take these factors into account.
Solutions that add value to your property
The luxury market has evolved. Properties that incorporate smart solutions for water management are not only more responsible but also more valuable:
- Rainwater harvesting systems (cisterns).
- Gray water recycling systems for irrigation.
- Xeriscaping with native plants.
- High-efficiency covers for swimming pools.
Frequently Asked Questions (FAQ)
- Can I build a new swimming pool on my rural property?
- It depends on the classification of the land. In many cases, it is prohibited. Prior urban planning consultation is required.
- Is an old well automatically legal?
- No. Seniority does not guarantee legality. Must be registered and have a valid water use concession. .
- How much does it cost to legalize an illegal well in Mallorca?
- It is a very complex and costly process that is not always possible. It involves technical studies, administrative fees and possible penalties, so it is not a recommended route.
- Are saltwater or eco-friendly pools legal?
- Yes, the treatment of the water (saline, chlorine, etc.) does not affect its legality. The legal problem always lies in the building permit and the origin of the water used for filling. .
- Can my homeowners' association prohibit me from filling the pool?
- Yes, homeowners' associations are often obliged by municipal decree to enforce water restrictions, which may include monitoring the consumption of communal and individual swimming pools.
Conclusion: Water as a key factor in real estate value
Water management has ceased to be a secondary issue and has become a critical factor that defines the value, legality, and enjoyment of a property in Mallorca. Navigating the complexity of current regulations requires in-depth knowledge and expert advice.
At Zaino's Capital, we not only analyze the market but also the legal and environmental landscape to protect your investment.
→ Contacte con nuestro equipo for comprehensive advice that takes into account all these key factors.