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Felling and pruning trees in Mallorca: When a permit is required

Responsible for this content: Frank Menze

Anyone wanting to fell a tree on Mallorca usually starts by looking for a simple number: from what trunk diameter, from what height does it require a permit? That number doesn't exist. Whether a permit is required for felling a tree on Mallorca does not derive from an island-wide ordinance, but from the local development plan and tree catalogue of the respective municipality, from the classification of your property, and from whether the measure could impair the landscape. This guide classifies the Balearic legal basis (Ley 12/2017, LUIB), explains the exception for agricultural land, Spanish neighbour law regarding overhanging branches and roots, and shows you in which order to answer the questions for your own property.

Felling trees in Mallorca: When permission is required

Do you want to know whether the tree on your property is protected before you pick up the saw?

Why there is no blanket rule on Mallorca

Unlike some German tree protection ordinances with fixed trunk-circumference thresholds, Balearic law does not have an island-wide exemption limit for felling trees. The permit requirement derives from the Ley 12/2017 de Urbanismo de las Illes Balears (LUIB), which ties felling to three conditions that must be assessed together: whether the tree is protected by a planning instrument, whether the property is located in a specially protected zone, and whether the measure could impair the landscape. Only from the interplay of these three questions does it become clear whether a full Licencia Urbanística is required, a simplified Comunicación Previa is sufficient, or nothing at all is required.

Please note:Concrete threshold values such as trunk diameter, tree height or number of trees are set, if at all, by the Ordenanza of the individual municipality. These differ from place to place — the only reliable approach is to enquire with your Ayuntamiento or check the local development plan.

Two articles of the LUIB in its current version, in force since 14 December 2024, are decisive. Together they form the framework from which the permit requirement for felling in the Balearics is derived.

Article Core statement Practical consequence
Art. 146.1 h) LUIB Felling of tree stands, shrub vegetation and individual trees is subject to the licencia urbanística municipal, if they are protected by planning instruments Without planning protection, this permit requirement does not automatically apply
Art. 146.1 h) LUIB, exception Agricultural felling and clearing works are expressly excluded Management of almond, olive or carob groves generally does not fall under this licensing requirement
Art. 148.2 g) LUIB The simplified comunicación previa may never apply to fellings that could affect the landscape In these cases the full Licencia is always required, never the simplified procedure
Art. 148.2 a) LUIB On suelo rústico protegido and on buildings listed as BIC, the comunicación previa is generally excluded Here the route is always via the full licence

You can find the consolidated version of the law in the Boletín Oficial del Estado.

The four questions that determine whether a permit is required

Instead of a fixed number, the LUIB provides a checking sequence. It works for almost any plot on the island:

  1. Is it an agricultural measure? Felling and clearing works carried out as part of land management fall under the exception in Art. 146.1 h) LUIB.
  2. Is the tree protected? Check whether the tree, the tree stock or the shrubbery is listed in the local development plan (Plan General) or in your municipality's tree catalogue.
  3. Is the plot located in a protected zone? On suelo rústico protegido or in areas with special protection status, the full Licencia is always required under Art. 148.2 a) LUIB.
  4. Could the measure affect the landscape? If so, the comunicación previa is ruled out from the outset under Art. 148.2 g) LUIB.
Step Result "Yes" Result "No"
1. Agricultural use? Exception applies, usually no licence required under Art. 146.1 h) Continue to step 2
2. Tree protected under planning rules? Licencia urbanística usually required Check steps 3 and 4 anyway
3. Suelo rústico protegido / BIC? Full Licencia always required, never comunicación previa Continue to step 4
4. Landscape affected? Full Licencia instead of comunicación previa Simplified procedure possibly available

Note: It makes sense to also check plots on suelo rústico via the article on Finca and Suelo Rústico and, if your plot lies within a nature protection zone (ANEI), via the article on ANEI & Nature Protection.

The agricultural exception: who may fell trees without a licence

Probably the most important sentence for finca owners is hidden in the last clause of Art. 146.1 h) LUIB: agricultural felling and clearing works are explicitly exempt from the licence requirement. Anyone maintaining their grove of almond, olive or carob trees as part of ongoing cultivation generally does not need a Licencia urbanística under this article for that.

However, this exception does not automatically apply to every tree on an agriculturally used plot. If an individual tree is under planning protection, if the plot lies within a protected zone, or if the measure affects the landscape, the remaining rules of the LUIB continue to apply regardless of the agricultural use. The exception concerns the cultivation activity, not every single tree on the deed of a rústico plot.

Suelo rústico protegido, protected areas and BIC buildings

On especially protected rural land (suelo rústico protegido) and on buildings that have been declared or catalogued as Bien de Interés Cultural (BIC), Art. 148.2 a) LUIB excludes the simplified comunicación previa for every kind of action — not just for felling. Here the path always leads via the full Licencia Urbanística from your municipality.

Plot or property location Procedure
Suelo urbano without planning-based tree protection Generally no licence required under Art. 146.1 h)
Suelo rústico, agriculturally cultivated Exception for felling and clearing works usually applies
Suelo rústico protegido Full Licencia always required, comunicación previa excluded
Building/surroundings catalogued as BIC Full Licencia always required, comunicación previa excluded
Tree protected in the municipal catalogue / land-use plan Licencia urbanística generally required

Owners in the Tramuntana or in other especially regulated zones will find additional background in the article on Building Law in the Tramuntana. Anyone who in any case needs an exemption permit for a construction-related use on their rústico plot will find the relevant framework in the article on Declaración de Interés General.

Neighbour law: branches, roots and boundary trees under the Código Civil

Besides public building law, the relationship with your neighbour is governed by the Spanish Civil Code (Código Civil). It regulates planting distances and what applies in the case of overhanging branches or encroaching roots — and this is where many owners get the legal situation wrong.

Article Rule Practice
Art. 591 Planting distance is governed primarily by the local Ordenanza or local custom, failing which 2 m for tall trees and 0.5 m for shrubs/low trees from the boundary A neighbour can have trees planted too close removed for the future
Art. 592 Overhanging branches: the neighbour can demand that they be cut back. Encroaching roots: the neighbour may cut them themselves, but only on their own property Never saw off branches without authorisation; roots may only be cut yourself within your own soil
Art. 593 Trees in a shared hedge are considered joint property, and each owner can demand their removal — except for trees serving as boundary markers Boundary trees may only be removed by mutual agreement

Note: The 2 metres and 50 centimetres from Art. 591 apply only as a fallback. If your municipality's Ordenanza or a demonstrable local custom specifies different distances, that takes precedence over the statutory rule.

Anyone who saws off a neighbour's branches without authorisation, instead of demanding they be cut back, is acting outside this provision — the legally prescribed route is to request the tree owner to act, not to take self-help measures on someone else's property. Only for roots encroaching into one's own soil does Art. 592 permit cutting them oneself, and even then only within the boundary of one's own property.

If a tree threatens to fall

There is a specific provision for this, and it is unusually clear. Art. 390 Código Civil: If a large tree threatens to fall in such a way that it could cause damage to a neighbouring property or to passers-by on a public or private path, the owner of the tree is obliged to remove it; if they fail to do so, this is carried out at their expense by official order. If the tree actually falls, Art. 391 the liability rules of Art. 1.907 and 1.908 Código Civil.

Attention: This obligation does not exempt you from the question of authorisation. If the tree is also protected under planning law, clarify the felling with the Ayuntamiento rather than acting on your own initiative — unless there is acute danger.

Who is responsible? Ayuntamiento, Consell and Govern

On Mallorca, responsibility for trees is spread across several levels:

Authority Responsibility
Ayuntamiento (municipality) Issuing of Licencia and comunicación previa, maintenance of municipal tree registers, Ordenanzas with planting distances
Consell de Mallorca Can assign procedures to the comunicación previa by decree under Art. 148.2 LUIB, responsible for island-wide planning
Govern de les Illes Balears Nature conservation law and protected areas at regional level
Mapa Urbanístic de les Illes Balears (MUIB) There you can view the applicable local plan (Bauleitplan) of your own municipality

So before you even submit an application, it's worth checking your municipality's local plan via the MUIB — it shows you whether your property or a particular tree is already registered as protected. Additional background on the general approval procedure on the island can be found in the article on Building permits on Mallorca.

Procedure: how to proceed in practice

  1. Check classification: Suelo urbano, suelo rústico or suelo rústico protegido — this determines which procedural level even comes into question.
  2. Check the local plan and register: Clarify via the MUIB or directly with your Ayuntamiento whether the tree or stand of trees in question is protected under planning law.
  3. Document agricultural use, if the exception under Art. 146.1 h) LUIB is to apply.
  4. Submit application: Depending on the outcome, submit a Licencia urbanística or comunicación previa to the building authority (Departamento de Urbanismo) of your municipality.
  5. Clarify neighbour-law issues separately: Overhanging branches or boundary trees fall under the neighbour law of the Código Civil, not under public building law.
  6. Commission a specialist firm to carry out the work: For the technical execution, it helps to take a look at the Directory of businesses for construction & renovation.

Most common mistakes

  • Relying on a remembered rule about trunk diameter. There is no uniform island-wide threshold — only the ordenanza of the respective municipality can set such a rule.
  • Applying the agricultural exemption to the whole plot instead of to the actual cultivation. An individual tree protected under planning law remains protected, even if the plot is used for agriculture.
  • Filing a comunicación previa where it is actually excluded. On suelo rústico protegido, for BIC properties, and where there is potential landscape impact, the full Licencia is always required.
  • Cutting off a neighbour's branches without authorisation. The Código Civil provides for a claim against the tree owner in such cases, not self-help.
  • Removing boundary trees without mutual agreement. Trees serving as boundary markers may, under Art. 593, only be removed jointly.

What happens next?

If the felling is approved or clearly exempt from approval, what remains is the practical side: disposal of the cuttings, replanting if applicable, and, for larger interventions, documentation for the municipality. Anyone redesigning their plot anyway will find additional practical tips in the article on Garden in Mallorca. For professional execution, a specialised company from the Directory of businesses for construction & renovation is recommended, or, for more complex cases involving landscape planning, an architect from the Directory of architects & planners.

Checklist before felling

  • Plot classification (suelo urbano, rústico, rústico protegido) clarified
  • Municipal development plan checked via the MUIB or the Ayuntamiento
  • Checked whether the tree is listed as protected in the municipal catalogue
  • Agricultural use documented, if the exemption is meant to apply
  • Potential landscape impact assessed
  • For BIC properties or protected areas: full Licencia applied for instead of comunicación previa
  • Neighbour-law issues (branches, roots, boundary tree) resolved separately from the public procedure

Conclusion

The answer to the question "Do I need a permit for this tree?" in Mallorca is never a fixed number, but always depends on the interplay between the development plan, the tree catalogue, the plot classification, and any potential landscape impact. Ley 12/2017 (LUIB) provides the legal framework through Art. 146 and 148, while the neighbour-law provisions of the Código Civil additionally govern what applies to overhanging branches and intruding roots. Anyone who follows this checking sequence and, when in doubt, asks their municipality, avoids the most costly mistakes — the unauthorised felling of a protected tree or taking matters into one's own hands on someone else's property.

Official sources

Do I need a permit for every tree on my property?
No. Under Art. 146.1 h) LUIB, felling only requires a permit if the tree, group of trees or shrubbery is protected by the Bauleitplan (municipal development plan) or a communal catalogue. There is no general island-wide threshold.
Am I allowed to simply fell trees on my finca because it is agricultural land?
Agricultural felling and clearing works are exempt from the licence requirement under Art. 146.1 h) LUIB. However, this exception applies to cultivation activities, not automatically to every individual tree on the property that is protected under planning law.
What applies if my property is located in a protected area (suelo rústico protegido)?
There, the simplified comunicación previa is excluded under Art. 148.2 a) LUIB. A full Licencia urbanística from your municipality is always required.
Can I cut off my neighbour's branches myself if they hang over my fence?
No. Under Art. 592 Código Civil, you can only require the neighbour to cut back overhanging branches. You are only allowed to cut off intruding roots yourself, and even then only within your own property.
Does the two-metre distance for trees always apply?
No, the two metres for tall trees and 50 centimetres for shrubs under Art. 591 Código Civil only apply as a fallback rule. A local Ordenanza or a demonstrable custom takes precedence over this rule.
Who is responsible for granting the permit, the municipality or the Consell de Mallorca?
As a rule, your Ayuntamiento, which issues the Licencia and comunicación previa and maintains the communal tree catalogue. The Consell de Mallorca can, by regulation, assign procedures under Art. 148.2 LUIB to the simplified process and is responsible for island-wide planning.
What happens if a tree on my property is at risk of falling over?
The Código Civil, in its chapter on structures at risk of collapse, explicitly also covers trees at risk of falling. It is best to clarify the exact scope for action directly with your municipality before acting on your own initiative, especially if the tree could also be protected under planning law.
Where can I find out whether my tree is classified as protected in the Bauleitplan?
Your municipality's Bauleitplan can be viewed via the Mapa Urbanístic de les Illes Balears (MUIB); additionally, it helps to enquire with the building authority (Departamento de Urbanismo) of your Ayuntamiento.