14 most frequently asked questions about AFO

URBANISM

Nov 4

Written By Francisco Javier Muñoz Fuentes

In this article we will summarize the 14 most frequently asked questions about the AFO and what you should keep in mind when going through a legal process like this. If you want to understand what it is and how to apply it to your property, we invite you to read our Guide: Everything you need to know about AFO. Where you’ll find all the information you should know before starting your AFO process in Andalusia.

1. HOW DO I IDENTIFY WHEN THE AFO REGIME APPLIES?

It applies to ALL buildings that are classified as ‘’Irregular’’ in Andalusia. They can be located on any kind of land, whether urban, developable or undeveloped, they can also be isolated or grouped buildings.

These buildings must meet the following characteristics:

They must be completed buildings that are 6 years old or more. (This must be verified by an architect. You can communicate whit us, Crisanto and Francisco are available to answer all your questions and guide you through your AFO process)
It cannot be found on specially protected land.
It cannot be found in coastal areas of influence or risk areas such as floodplains.

2. WHEN IS IT ESTABLISHED THAT A BUILDING IS COMPLETED?

A building is considered completed when it does not require any type of work or reform for its operation according to the use for which it is intended. Except for minimal projects to guarantee its maintenance and safety. The City Councils, through municipal ordinance, may establish when a building is considered to be completed.

3. CAN I REQUEST THE AFO FOR NON-RESIDENTIAL USE?

Yes. For this reason, the decree applies the term ‘’Buildings’’ instead of housing, therefore, it can be applied to any building that meets the requirements established in the Decree Law.

4. IF MY BUILDING MEETS THE REQUIREMENTS, BUT HAS NOT DECLARED THE AFO SITUATION WHAT SHOULD THE OWNER OR BUYER DO?

Until the AFO isn’t officially declared in the building, it’s excluded from accessing the basic services such as water, electricity or gas, even in an autonomous way. Neither can maintenance or conservation works be carried out, therefore, the building maintains its irregular state, without protection of any decree. It is essential that when the building meets the established requirements, solves its situation and regularizes its legal status, at MunozBarcia Arquitectos we can guide and advise you so that you can process the AFO of your building.

5. CAN I ACCESS THE PROPERTY REGISTRY IF MY BUILDING MEETS THE ESTABLISHED REQUIREMENTS, BUT HAS NOT DECLARED ITSELF AS AFO?

Yes. In accordance with the provisions of state land legislation (article 27.4.a) of Royal Legislative Decree 7/2015, of October 30, these buildings can be registered in the registry as long as the lack of records is verified by the urban registrar and preventive annotations before the irregularity of the construction.

6. CAN I REQUEST THE AFO IF MY IRREGULAR BUILDING IS LOCATED WITHIN OR NEXT TO A GROUP OF BUILDINGS?

Yes, the recognition of the AFO situation is independent of the implantation of the irregular building since it has an individual character as long as the building meets the respective requirements.

7. CAN I REQUEST THE AFO IN ANY KIND OF LAND?

The AFO declaration is independent of the type of land in which it is located, this can be urban, developable or undeveloped land.

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8. CAN I REQUEST THE AFO IF MY IRREGULAR BUILDING IS ON NON-DEVELOPABLE LAND WITH SPECIAL PROTECTION?

No. Irregular buildings built on specially protected undeveloped land are not recognized by Decree Law.

9. DO AFO AND OUT OF ORDINATION MEAN THE SAME THING?

No. The Out of Ordination situation refers to buildings that originally (due to previous urban planning) were considered legal, but when new plans are created, they become incompatible. The AFO situation refers to buildings that in the established urban planning are considered illegal and their status can only be regularized through AFO.

10. HOW DO I CHECK THE CONDITIONS OF MY BUILDING IN ORDER TO REQUEST THE AFO?

It corresponds to the owner of the building to hire a professional to be in charge of the certification of the safety and health conditions. The municipal technicians, must verify that the owner has provided the documentation and certifications that certify these conditions and, through a visit, the authenticity of the information presented. You can get free advice with us to certify your building for your AFO application.

WE HAVE ASSIST OUR CLIENTS WITH AFO CERTIFICATES IN CITIES SUCH US:

AFO ÁLORA

AFO ALHAURÍN EL GRANDE

AFO ALHAURÍN

AFO BENALMÁDENA

AFO CÁRTAMA

AFO COÍN

AFO ESTEPONA

AFO SAN PEDRO

AFO FRIGILIANA

AFO MANILVA

AFO MÁLAGA

AFO MARBELLA

AFO MIJAS

AFO NERJA

AFO OJÉN

AFO RONDA

AFO TORREMOLINOS

AFO VÉLEZ MÁLAGA

AFO SAN ROQUE

AFO TARIFA

AFO RINCÓN DE LA VICTORIA

AFO CÁDIZ

11. ONCE THE STATUS OF ASSIMILATED OUT OF ORDINATION HAS BEEN DECLARED, MY BUILDING BECOMES LEGAL?

As we clarify in our Definitive Guide: everything you need to know about the AFO. The recognition of the AFO situation does NOT legalize the building. However, the possibility of accessing the Land Registry, the possibility of accessing the basic service networks and the possibility of carrying out conservation and maintenance works is allowed.

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12. CAN I CARRY OUT WORKS IN MY BUILDING DECLARED AFO? WHAT KIND OF WORKS CAN I DO?

In buildings declared AFO, only maintenance and conservation works are allowed. Unless a Special Plan has been approved, in which case reform works and auxiliary elements are also allowed.

13. CAN AFO BE RECOGNIZED IN AN IRREGULAR BUILDING ONCE THE ADMINISTRATIVE PROCEDURE FOR THE PROTECTION OF LEGALITY HAS STARTED?

No. It is understood that if the procedure is initiated it is because the term for exercising the power to protect urban legality has not elapsed and therefore the AFO declaration does not proceed.

14. WHAT ARE THE STEPS TO APPLY FOR THE AFO PROCESS?

To apply for the AFO process, you must follow these steps:

Engage a Professional: Hire a qualified architect or technician to assess your property and certify that it meets the safety, health, and habitability requirements.
Prepare Documentation: Gather all necessary documents, such as proof of ownership, construction details, and a technical report certifying the building's conditions.
Submit the Application: File your application with the local City Council, including all required documentation and certifications.
Municipal Verification: Municipal technicians will review the documentation and conduct an on-site inspection to confirm the building's compliance with the AFO requirements.
Receive AFO Declaration: If approved, you will receive the official AFO declaration, allowing you to access basic services and maintain your building.

With these 14 answers, you already know what the AFO is about and how it affects your property or the property you want to acquire, if you are in this situation, at MunozBarcia Arquitectos we are willing to help you! Cristanto and Francisco can advise you through your AFO process. Consult us for free and we will be happy to help you.