House Building in the Countryside (LISTA) + Regulation

Do you have a plot in the countryside and you are thinking in building a house? Would you like to have a house near the nature, but you do not know if this is possible? Have you been told that building houses in the countryside is not allowed? Has you read in the newspapers about a new legislation in Andalucía allowing the construction of houses in the countryside? If this is your case, do not hesitate to keep reading, in this post you will discover many of the innovations that the new law, LISTA and its Reglamento has brought.

¿NOW YES, BEFORE NO?

 For many years, the LOUA or law 7/2002, of 17 of December, has made very difficult the construction of houses and villas in the countryside in Andalucía. To be able to build a house you needed to request an special permit to the Junta de Andalucía and prepare a project that in most of the cases were rejected after big temporal delays and expensive technical fees. All of which create a general understanding that houses in the countryside were not possible, increasing the value of the existing houses and decreasing the value of the rural land.

As you may have heard the new law 7/2021 of 1 of December, propose a radical change to this situation, providing the opportunity to grant licenses to build houses and villas in the rural environment. Nevertheless, this law does not fully developed  the conditions under which this properties will obtain a construction license and refers to another regulation the power to do so. It is on the 29th of November of 2022 when the regulation of the law is approved, providing the conditions needed to grant licenses to build in the countryside of Andalusia and its provinces and towns. (Málaga, Marbella, Mijas, Estepona, Sotogrande, Cádiz, etc)

¿THEN WHAT ARE THESE CONDITIONS?

The article 31 of the Regulation of LISTA, develops the conditions needed to grant constructions licenses to houses in the countryside and rural land as long as they do not encourage the formation of new settlements. It will be necessary to prepare a project for an architect and request construction license contemplating the following requirements:

•  No more than one detached house will be built for plot, and multiproperties will not be allowed unless it was built before the law 19/1975 of the 2nd of May.

•  The plot or piece of land will need to have a surface of at least 25 000 m2 and allowed a circle of 50 m of radios in its interior. The surface will be 50 000 m2 in forest land.

•  The property will be placed 100 m away of any other residential property.

•  The occupation of the building will not exceed 1 % of the plot. The rest of the surface will be left to trees, vegetation, topography and the natural conditions. The explanation surface both filling or excavation won’t be bigger than 30% of the occupancy rate.

•  The buildability left will not exceed 1 % of the surface of the plot and maximum height will be 2 stories according to the town hall regulations.

•  The property will be further than 25 m to the boundary of the plots.

•  The supply of services should be autonomous preferably using renewable energy.

•  The houses will not be place in areas with risks of floods, and when placed in forest land, the conditions of fire safety should comply with the forest legislation.

 

IN ADDITION…

Houses in the countryside will not avoid the normal activities and uses of the rural land, which mean, you can’t complain if your neighbor decides to place a pork farm. The near neighbors will be informed of the construction of the new house before the construction license is granted.

As in other posts, please keep in mind that this is not an exhaustive list and apart from these indications, you will always need to consider other legislation from the town hall and the Junta de Andalucía. That is why we will always encourage you to contact a professional architect, before you invest money in the purchase of land or rural plots, to be advised in your concrete situation.

For example if our land is located in Sotogrande, Marbella, Málaga or Mijas we may have different conditions due to regulations established by the town hall.

 

¿DO I NEED TO PAY EXTRA TAXES TO BUILD IN THE COUNTRYSIDE?

Yes, apart from the well know taxes and bonds, paid in urban ground, you will need to paid a compensation to build in rural ground of 15 % of the price of construction to be developed.

It is important that you develop your investments with the assistance of professional architects that can guide you through the best legal and technical solutions. Eventually, you will need and architect to develop a project for the construction of your house in the countryside and request construction license. Munoz Barcia Architects are at your disposal to solve your queries and advise you on any question without any further obligation. Call us and share with us your ideas, we enjoy helping our clients!

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

Frequently Asked Questions about Changing The Use of A Property

The Change of Use Projects are designed to give the properties a different use than the one they mainly had, this change can be from property used as a shop to residential , from garage to property used as a shop or vice versa. However, this is a process that takes time, but without a doubt the results can be good for the owners. That is why we have summarized the most frequently asked questions on this topic in a single post, so that you can clarify all your doubts about the Change of Use Projects.

1. HOW DO I IDENTIFY IF MY PROPERTY IS SUITABLE FOR A CHANGE OF USE?

The first thing you should do, when you determine that you want to make a change of use in your property, is to hire an architect to inspect it and verify that it meets the requirements and is compatible with the desired Change of Use. In our article How to change of use of a property, we explain everything you need to know if you are discovering this process, who should act, what are the requirements and the steps to follow.

2. IS IT NECESSARY TO REQUEST THE CHANGE OF USE PRIOR TO THE REFORMS?

Yes, the City Council must receive the change of use project to evaluate it, if it complies with all regulations, it is approved and the building license is granted. This license is prior and perceptual, which means that it must be requested in advance to avoid administrative penalties.

3. WHO CAN REQUEST THE CHANGE OF USE?

The change of use can be requested by individuals and legal persons whose property meets the requirements established in the PGOU and wish to make the change of use of their property, but it must be signed by an Architect.

4. HOW MUCH DOES IT COST TO PROCESS A CHANGE OF USE PROJECT?

The city council requires the payment of administrative fees for the approval of the change of use project, which vary according to the type of project and the characteristics it contains, and may also vary according to the municipality where the work is located. The professionals in charge of carrying out the project, such as the architect, who is in charge of carrying out the project, will also charge their fees with respect to the characteristics of the project to be carried out, if the process is accepted, but reforms are needed for approval, the The architect must also assist you by directing the work.

At Munoz Barcia Arquitectos, we enjoy supporting the investments of our clients, Crisanto and Javier can advise you on the change of Use of your property whenever you need it. Write us and we will be happy to assist you!

5. WHAT TECHNICAL DOCUMENTS DOES A CHANGE OF USE PROJECT INCLUDE?

The project delivered to the City Council contains:

• Justification of compliance with the laws in force in urban planning.

• Scale location plan, locating the public roads and particles that limit the block where the project will be located.

• Site plan of the property.

• Plans of the current state of the commercial premises

• Plans of the proposal made.

It must also be delivered:

• Descriptive memory of the project to be carried out,

• Health and safety study

• Certificate of technical intervention.

This documentation must be carried out by an architect and will require his signature in a compulsory way in order to be validated in the corresponding town hall.

6. IF I CHANGE THE USE OF MY PROPERTY, CAN IT INCREASE ITS PRICE IN THE MARKET?

The answer to this is a big YES! The markets for buying, selling and renting properties are constantly changing, so it is important for owners to adapt their properties to the needs of the market, for example, currently the market for renting property used as a shop depends a lot on the location where they are, if it is in an unfavorable area, it can be difficult to rent it, so a change of use can be the solution, if it meets the requirements, to become residential use and facilitate its rental.

We recommend that you study the sector in which your property is located and analyze the options that you may have on hand to make the best decision about what actions you take with it to benefit you.

Now that you know in detail what a Change of Use Project includes and what are the benefits that processing it would bring you, do not hesitate to take this alternative as an excellent option to give your property a new use. We invite you to contact us, at Munoz Barcia Arquitectos Consult us!

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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How to Change The Use of a Property

Currently, in a market in which housing prices are increasingly high, the search for alternatives is very frequent, such as the acquisition of a commercial premises to transform it into housing, either for own use, for long-term rental or for rent for tourist purposes. If this is your case, but you do not know the requirements that these places must meet or what the procedure is, we recommend that you stay and read this post, in which you will learn everything you need to know about changes of use.

WHAT USES CAN BE CHANGED?

The most common change of use is the one that transforms a commercial premises into a home, since in general the cost of purchasing the premises added to the cost of the reform is usually cheaper than what it would cost to buy a home with the same characteristics . But this is not the only possible change, since you can also make changes of use from home to commercial premises, from home to office, from garage to commercial premises and vice versa, etc.

In this post we will focus on the explanation of the change of use from commercial premises to housing, as it is the most common. However, the procedure to follow is analogous to other types of changes of use, with some specialties. In any case, we recommend that you contact an architect who will accompany you throughout the process and advise you on your specific case.

WHAT ARE THE REQUIREMENTS?

As you may have already imagined, not all commercial premises can be transformed into housing. For the Urban Planning Management to accept the change of use, it has to meet a series of requirements that we will divide into two groups: urban regulations and housing regulations.

Urban regulations

The first step is to check that the commercial premises are on a plot where residential use is allowed (this is generally the case in commercial premises located on the ground floor of a residential building, but not always in those located in office buildings. /commercial). Once this has been verified, it will be necessary to analyze the density of dwellings that the building has to know if it admits one more dwelling or not.

What is the maximum density of houses?

The maximum density is a parameter that we find in the General Urban Planning Plans (PGOU) of each municipality and that regulates the maximum number of houses that can be built on a plot based on the maximum buildable area assigned to it. As an example, the Malaga PGOU establishes that the maximum density of dwellings is the result of dividing the constructed area for residential use (and related uses, excluding commercial premises, parking, offices…) by 70m².

Let us suppose that we want to buy a commercial premises in a building for which residential use is allowed and that has 1,150m² of constructed area for this use and 15 dwellings. If we divide 1,150 / 70, we obtain that a maximum of 16.42 homes is allowed for that building, so that, as far as urban regulations are concerned, if it is possible to build one more home.

Housing regulations

Once we know that, urbanistically, the change of use is allowed; We must analyze the shape and characteristics of the commercial premises to ensure that, once it has been transformed into a home, it can meet the minimum conditions of habitability. The following aspects must be taken into account (among others):

1. Free height: Each PGOU establishes a minimum free height that the dwellings must have (both structural and free height between floor and finished ceiling).

2. Lighting and ventilation: It must be taken into account that every habitable room must have direct lighting and ventilation either from the outside or through a patio that meets the minimum conditions established in each municipality.

3. Minimum stays: As a minimum there must be a kitchen, a living room, a bedroom and a toilet. These rooms can be distributed in a single loft-type space or in a more traditional distribution with divided rooms. In any case, they must comply with the minimum surfaces for each room that are established in the corresponding PGOU.

We recommend that, prior to the purchase of the premises, you contact an architect, since he will be able to analyze the different possibilities of future distribution of the house, so that you can decide if he is interested in buying it or not.

DO I NEED THE APPROVAL OF THE COMMUNITY OF OWNERS?

The obligatory nature of this approval will depend on what the community's own statutes provide, so they will have to be verified before acquiring a premises in view of its transformation into housing. In general (and as indicated by jurisprudence) we can say that the owners cannot be deprived of the use of their right to ownership of the property as they consider more appropriate unless this use is legally prohibited or the change destination appears expressly limited by the regime of said horizontal property, its constructive title or its statutory regulation.

That is, when the community statutes establish that either changes of use are prohibited, or they are limited to prior approval by the community, if an agreement from the community of owners will be necessary to make the change of use.

 Ok, my place meets all the requirements… Now, what is the procedure?

The procedure begins by requesting an occupation or use license from the City Council of the town where your premises are located, together with an execution project in which the works to be carried out are perfectly defined and it is justified that the house complies with all the applicable regulations.

Once the license has been obtained, and the works carried out, a responsible declaration must be submitted in which it is declared that the works have been carried out in accordance with what is indicated in the building license, enabling this declaration to occupy the finished house (without prejudice to the subsequent Administration can inspect that what is actually declared conforms to urban legality).

After the presentation of this responsible declaration, it will be necessary to go to the Notary to grant a deed of change of use of the premises, so that the property is recorded as a home instead of as a commercial premises. Finally, we can go to the Cadastre to process the alteration of the cadastral data for the same purpose.

 As you can see, although the change of use procedure is relatively simple, it is necessary to take into account many aspects of different regulations prior to carrying out the project to know that this change can actually be carried out, so you should contact with an architect, who will be in charge of carrying out all these procedures for you.

At Munoz Barcia Arquitectos we have extensive experience in projects of this type, so if you have any questions we encourage you to contact us to resolve any questions without any kind of commitment. 

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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Frequently Asked Questions about ITE

Start the process of the ITE of your building is a fundamental process to guarantee the safety of all who live in it, that is why today we summarize the most frequently asked questions about the ITE and how it is processed, in our post ITE: all the details you need to know about it, you will be able to get detailed information about this process and carry it out effectively.

1. WHAT PARTS OF THE BUILDING ARE INSPECTED IN THE ITE?

All structural elements of the building are inspected, such as:

• Building foundations

• Current state of the structure

• Current state of the interior facades

• Plumbing and electricity

• Current state of the exterior facades

• Medians

• Covers

• Rooftops

• Sanitation facilities

It is also inspected if the building complies with current regulations for it’s type, such as, basic conditions of universal accessibility.

2. WHAT IS THE DEADLINE TO PRESENT THE FIRST INSPECTION, AFTER 50 YEARS OF THE HOUSE HAVE PASSED OF THE HOUSE?

Mandatory, the first general inspection must be carried out immediately the building meets the corresponding 50 years for it. Then, if the ITE is favorable, visits will be made by professionals every 10 years. At Munoz Barcia Architects, we have a group of professionals available to you every day for free. Contact us! And we guide you throughout your process for ITE approval without any inconvenience.

3. IF THE BUILDING HAS BEEN REHABILITATED BEFORE THE AGE OF 50, WHAT PROCEDURE SHOULD YOU CARRY OUT?

If rehabilitation works have already been carried out in the building, and the corresponding works licenses and the certification of the end of the works must be submitted to the regulatory body, the regulatory body will study the dates on which these reforms were made and notify the property which would be the date on which they must present the ITE again.

4. SHOULD AN ADDITIONAL PROCEDURE BE CARRIED OUT AT THE TIME OF COMPLETION OF THE WORKS THAT RESULTED FROM AN UNFAVORABLE ITE?

There are two possibilities in this regard:

• If no technical intervention is required: Together with the responsible technical professional, a signed report is drawn up and the ITE is carried out again.

• If technical intervention is required: A certificate must be delivered to make official that the works resulting from the ITE were carried out and the building is now stable, the report and a new ITE will be delivered.

It is essential to make sure that the building is in order, since the ITE is a legal procedure that must be mandatory for all the buildings that it affects. It is also a social responsibility to keep the building in good condition, with the correct rehabilitation. If you have any questions about starting to process the ITE in Munoz Barcia Arquitectos we are at your disposal.

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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ITE: Everything you need to know about it

Promoting the prevalence of buildings over time is one of the duties of the owners and of the municipality. This is why the Technical Inspection of Buildings is one of the most important procedures carried out in Andalusia, thanks to this, we can detect in time when a building needs some revision or deep repair. At Munoz Barcia Architects we are aware of the importance of this procedure, that is why we accompany you in every step of your ITE request.

WHAT IS THE ITE?

Known by its acronym, Technical Building Inspection, it is a mandatory procedure that all buildings with more than 50 years old must comply with. In this procedure, the current state of the building is confirmed, the security level of the property is verified and it is confirmed that the owner complies with the proper conservation and rehabilitation of the building. This procedure is carried out by professionals specialized in the area, such as architects, who will be in charge of carrying out a detailed inspection of the building and based on this, make a technical report that will later be delivered to the regulatory body, which will evaluate whether the inspection is favorable or unfavorable.

This procedure indicates the current state of the building and if it requires any changes, it must be done as an urgent measure to avoid penalties or fines. It must be carried out for the first time when the building exceeds 50 years, then it must be carried out every 10 years to ensure the safety of the inhabitants.

WHAT ARE THE PROCEDURES TO PASS THE ITE?

The first step for the owner is to look for the technical professional in charge of carrying out the process, at Munoz Barcia Architects, we have a team of professionals available to help you with your ITE process. Consult us for free and we will advise you!

Once the professional has been contacted, he or she will be in charge of verifying the state of conservation of the building, and will carry out an evaluation of compliance with current regulations, such as universal accessibility. It will also verify the building's energy efficiency certification. The professional does not have the need to access the interior of private homes if the state of the building does not warrant it, in case they need it, it is mandatory to allow access.

This will carry out the process before the city council and will wait for the favorable or unfavorable response for the building. Depending on this result, the processes to follow are different:

Favorable ITE

An ITE is considered favorable when the professional in charge certifies that the analyzed building is in optimal condition and meets the essential safety and accessibility conditions for the inhabitants of the building and the inhabitants of the sector. The regulatory body will notify the owner of the building when the next inspection will be carried out.

Unfavorable ITE

If the process is considered unfavorable, when there are significant or serious deficiencies in the building. The main thing in this case is to carry out a project to reform the building as soon as possible, since, according to the specifications given by the technician, the consequences would be variable, for example, by not obtaining the approval of the ITE, the owners may receive fines, avoid buying and selling real estate in the building and more.

If an ITE is unfavorable, a series of procedures will be carried out for the approval of the reform, which will be approved by the city council. The request for a license to reform the work must be made within the 3 months provided by the regulatory body. The certificate of suitability of the building will also be contracted.

In terms of costs, it will depend largely on the technical professional in charge of the inspection. This will evaluate elements such as the size of the building and its current state. Contact Crisanto or Javier de Munoz Barcia Architects and they will advise you to start your ITE.

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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Frecuently Asked Questions about Segregation Projects

In this post we are going to clarify the most frequently asked questions about segregations. If after reading it you have any questions, we recommend that you read our GUIDE: EVERYTHING YOU NEED TO KNOW ABOUT PARCELLATION / SEGREGATION PROJECTS, where you can find all the information you need.

1. WHAT IS A SEGREGATION?

According to the definition contained in the dictionary of the Royal Spanish Academy, segregating consists of "separating or separating something or someone from another or other things". Applied to the area of ​​urban planning, segregation is the procedure by which a real estate is divided into several smaller assets.

And what do we understand by real estate? To explain it, we turn to the definition made of it by the Real Estate Cadastre Law, which defines real estate as: “the parcel or portion of land of the same nature, located in a municipal area and closed by a polygonal line that delimits the space of the property right of an owner or of several undivided properties and, where appropriate, the constructions located in said area, whatever their owner, and regardless of other rights that fall on the property ”.

That is to say, when we talk about real estate, we refer both to farms, plots or lots on any kind of land, as well as to the constructions that are on these farms, plots or lots (such as a single-family home, an apartment in a building multi-family, a commercial premises that is part of a building, etc.) provided that the private property of said asset can be delimited.

2. DO I NEED A LICENSE TO DO A PARCELIZATION?

YES. This license will have the purpose of verifying that the proposed alteration of the property complies with the urban legislation and the applicable planning instruments. It will be necessary to request a license for division, segregation or grouping for any alteration in the surface of a land, farm or parcel that is intended to be carried out in any kind of soil; although depending on the type of soil in which we find ourselves, a series of actions or others will be allowed.

• On unconsolidated urban land or subject to development planning, the segregation, division or grouping carried out in order to dispose of the property will be allowed provided that it does not hinder the development of the planning.

• On non-developable land, only subdivisions of land for exclusively agricultural or forestry purposes are allowed, so the resulting plots must comply with the minimum cultivation units established by the competent Ministry of the Junta de Andalucía.

In the case of the municipality of Malaga, to give an example that serves as a reference, a minimum unit of cultivation in drying of thirty thousand square meters is established, and a minimum unit of cultivation in irrigated land of two thousand five hundred square meters.

In this type of segregation, it will be mandatory to record in the Property Registry, by means of a marginal note, the impossibility of carrying out construction and / or urbanization works on said plots.

3. WHAT IS THE PROCEDURE I HAVE TO FOLLOW TO OBTAIN THE LICENSE?

To obtain the segregation license, you must submit (along with the corresponding application to the City Council) a project signed by a competent technician that will include, among others, the following aspects:

• Georeferenced plans of the situation and surface of the land or property affected by the alteration.

• Plans of the farms and initial and resulting plots.

• Cadastral and registry identification of the affected farms.

• Current urban conditions.

4. HOW MUCH DOES THE SEGREGATION LICENSE COST?

The fees corresponding to the licenses are provided by each municipality, so you will have to check with the corresponding Town Hall to which the property you want to parcel belongs to know the exact price. As an example and to serve as a reference, in the province of Malaga the license fee for farm clusters is fifty euros per original plot under study, with a minimum fee of two hundred euros. To this must be added the technical fees for the drafting of the project, which will be in proportion to the magnitude of the project itself.

At Munoz Barcia Arquitectos we have been processing subdivision and segregation projects for years, so if you have any questions, you can contact us without obligation and we will advise you on the processing of your subdivision project.

With all this information, you already know what a parcel segregation is and how to process it. Segregation is one of the procedures of parcel projects, without a doubt, it is very beneficial depending on the project you want to carry out. At Munoz Barcia Architects we are here to advise you on your parcellation project, we are available to you for free. We are waiting for you!

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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Frequently Asked Questions about Parcellation Projects

In this post we are going to clarify the most frequently asked questions about subdivision projects. If after reading it you have any questions, we recommend that you read our GUIDE: EVERYTHING YOU NEED TO KNOW ABOUT PARCELLATION / SEGREGATION PROJECTS, where you can find all the information you need.

1. WHAT IS PARCELLATION?

According to the provisions of the urban planning legislation of Andalusia, the following are considered urban subdivisions:

• On land that has its own urban and developable land regime, any simultaneous or successive division of land, farms, parcels or plots.

• On land that has the non-developable land regime, the simultaneous or successive division of land, farms or parcels into two or more lots that, regardless of what is established in the agrarian, forestry or similar legislation, may induce the formation of new settlements.

It is important to note that, in Andalusia, parcels on undeveloped land are prohibited (in this type of land what is allowed are segregations, so, if that is your case, we recommend that you read any of our posts: FREQUENTLY QUESTIONS ABOUT SEGREGATIONS or GUIDE: EVERYTHING YOU NEED TO KNOW ABOUT SEGREGATION / SEGREGATION PROJECTS For this reason, when we speak of parcels we refer to all those divisions of urban or developable land that have the main characteristic that, in addition to physically dividing the land, it is also necessary to distribute the urban rights over that land. These rights are mainly urban use or, in other words, the buildability of the use assigned by urban planning that we can build on that land.

For the rest of the divisions of all types of properties (plots on rustic land, commercial premises, flats, etc.) there will be no subdivision, but a segregation.

2. DO I NEED A LICENSE TO DO A PARCELIZATION?

YES. This license will have the purpose of verifying that the proposed alteration of the property complies with the urban legislation and the applicable planning instruments. Any alteration of the surface of a property is subject to the prior obtaining of the parceling license. No public deed containing an act of subdivision may be authorized or registered without the provision of the required license, which notaries must testify in the corresponding deed.

However, there is an exception to this rule, which is that when the subdivision is contained in an approved reparcelling project, it will not be necessary to apply for the license.

What is a reparcelling? Although it looks like parceling, they are different operations. The reparcelling consists of the restructuring of farms included in an execution unit for their new division adjusted to the planning instruments. In other words, when there is an urban planning instrument that orders the restructuring of farms (previously rural) to convert them into new lots with a specific use (residential, commercial ...) in that case we are facing a reparcelling. Since it is the planning instrument itself that has "ordered" the reparcelling, this is a completely legitimate operation, which does not need to apply for any type of license.

3. WHAT IS THE PROCEDURE I HAVE TO FOLLOW TO OBTAIN THE LICENSE?

To obtain the parcellation license, you must submit (along with the corresponding application to the City Council) a parcellation project signed by a competent technician that will include, among others, the following aspects:

• Georeferenced plans of the situation and surface of the land affected by the alteration.

• Plans of the farms and initial and resulting plots.

• Cadastral and registry identification of the affected farms.

• Current urban conditions.

It is important to point out that the municipal license on subdivisions is granted by the city council under the condition that the public deed by which the subdivision project has been formalized is presented within three months of the granting of the license. After this period has elapsed without such formalization having been submitted, the license will expire, so the procedures will have to be started again.

4. HOW MUCH DOES THE PARCEL LICENSE COST?

The fees corresponding to the licenses are provided by each municipality, so you will have to check with the corresponding Town Hall to which the property you want to parcel belongs to know the exact price.

As an example and to serve as a reference, in the province of Malaga the parcel license fee is two hundred and twenty euros per resulting plot (with a maximum of one thousand one hundred euros and a minimum rate of four hundred and forty euros). To this must be added the technical fees for the drafting of the project, which will be in proportion to the magnity of the project itself.

At Munoz Barcia Arquitectos we have been processing subdivision and segregation projects for years, so if you have any questions, you can contact us without obligation and we will advise you on the processing of your subdivision project.

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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Guide: Everything you need to know about subdivision and segregation projects

You have probably heard about the term "subdivision" on more than one occasion, but you are not sure what it is, or what the differences are with other similar concepts such as "reparcelling" or "segregation". Today we come to provide you with a guide on everything you need to know about subdivision and segregation projects, so that you can know all the details you need about this urban operation.

1. DEFINITIONS

Both the subdivision projects and the segregation projects are aimed at the "restructuring" of parcels, farms, land ... that are independent of each other, either by joining with other farms or by dividing them. It is important, before delving further into the explanation, to clarify a series of concepts:

• Property: The unit of land or building attributed exclusively and exclusively to one owner or several jointly owned, which can be located on the ground, in the flight or in the subsoil.

• Plot: The unit of land, both on the ground and in the flight or subsoil, that has been assigned buildability and use or only independent urban use.

• Solar: It includes the plots that have all the necessary requirements (referring to the minimum conditions that the urbanization must meet) to proceed with the construction.

2. DIFFERENCES BETWEEN SUBDIVISION AND REPARCERLLING

According to the provisions of the urban planning legislation of Andalusia, urban subdivision is considered to be: “any simultaneous or successive division of land, farms, parcels or plots”. When we speak of subdivisions, we refer to all those divisions of urban or developable land that have the main characteristic that, in addition to physically dividing the land, it is also necessary to distribute the urban rights over that land. These urban rights depend on the specific type of land in which we find ourselves, but in general it is about the "normal use, enjoyment and exploitation of the property" which translates into a buildable area (square meters of roof that we can build) of a determined use assigned by urban planning (residential, commercial, industrial, tertiary ...)

What is a reparcelling? Although it looks like parceling, they are different operations. Unlike parceling, in which an individual decides voluntarily (and for whatever reasons) to parcel out his land, farm, plot or plot; the reparcelling is a consequence of the execution of urban planning:

Urban planning assigns a series of uses to the land in which the city is going to expand (residential, commercial, equipment, roads, green areas ...). The process by which rustic properties become these new uses is a restructuring of farms that is carried out through a reparcelling project. It is an urban planning instrument that orders this restructuring so, in this case, it will not be necessary to apply for any type of license. 

3. DIFFERENCES BETWEEN SUBDIVISION AND SEGREGATION

As we have already commented, parceling refers to those lands, farms, parcels or plots for which, in addition to physically dividing the land, it is necessary to distribute the urban rights associated with that land. This generally occurs on urban or developable land for which urban planning has assigned a buildable area and a use.

Segregation is the procedure by which a real estate is divided into several smaller assets, and is used for all those cases of divisions in which there are no associated planning rights to distribute. This occurs, for example, for divisions of land on undeveloped land, partitions of single-family homes or apartments in a multi-family building, divisions of commercial premises or any other use that is not the one mentioned in the previous paragraph.

4. SO WHAT OPERATION DO I HAVE TO CARRY OUT ON EACH TYPE OF LAND?

As we have already mentioned, if we are facing an urban or urbanized land that has urban use assigned by urban planning, we have to carry out a subdivision project. For the other cases, a segregation project must be carried out. It is important to point out that, in Andalusia, urban parcels on undeveloped land are strictly prohibited, the administrative acts that authorize them being null and void. This is due to the fact that the subdivisions "distribute buildability" and this can induce the formation of new settlements on undeveloped land, something totally prohibited by urban and sectoral legislation. In this type of soil, therefore, we will always be faced with segregation.

5. CAN ALL FARMS BE PARCELED / SEGREGATED?

The segregation of a farm to give rise to two or more different ones is only possible if each of the resulting properties meets the characteristics required by the applicable legislation and territorial and urban planning.

That is to say: the urban legislation establishes a series of minimum requirements that the lands, farms, plots or plots must meet (minimum surface, minimum length of facade ...) If at the end of the process of subdivision or segregation, one of the resulting properties does not comply With these requirements, in that case it would not be possible to carry out the operation.

If you have doubts about what are the minimum requirements for land, farms ... that affect your particular case, we recommend that you contact a professional, since it is necessary that they advise you correctly to avoid problems in the future. At Munoz Barcia Arquitectos we have extensive experience in this type of project, ask us, we are happy to help you!

6. WHAT FARMS ARE INDIVISIBLE?

To answer this question, it is necessary to differentiate according to the type of soil that we find, since they are governed by different criteria:

For urban and developable land, the following farms, units suitable for building, plots and plots are indivisible:

• Those that have dimensions less than or equal to those determined as minimum in the planning instrument, except that the resulting lots are acquired simultaneously by the owners of neighboring farms, in order to group them and form a new one with the minimum required dimensions. .

• Those with dimensions less than twice those required as minimum in the planning instrument, unless the excess of these is grouped in the same act to adjoining lands.

• Those that are assigned a buildable area depending on the surface, when all the corresponding to it materializes.

• Those linked to or legally affected by the constructions or buildings and facilities authorized on them.

For non-developable soils, they must meet the above conditions and, in addition, since for this type of soil only the subdivisions of land are allowed exclusively for agricultural or forestry purposes, the resulting plots must comply with the minimum cultivation units established by the Ministry of the Junta de Andalucía.

In the case of the municipality of Malaga, to give an example that serves as a reference, a minimum unit of cultivation in drying of thirty thousand square meters is established, and a minimum unit of cultivation in irrigated land of two thousand five hundred square meters.

7. WHAT IS THE PROCEDURE TO CARRY OUT THE SUBDIVISION / SEGREGATION? DO I HAVE TO APPLY FOR A LICENSE?

Although previously there were certain segregation projects on undeveloped land for which the application for a license was not necessary (and only had to present a declaration of unnecessary license ”), this has caused a multitude of problems, so after the publication of the Decree-Law 3/2019, of September 24, this declaration has been eliminated, being mandatory, therefore, the request for a license for all acts of parceling or segregation.

To obtain the subdivision or segregation license, you must submit (along with the corresponding application to the City Council) a project signed by a competent technician that will include, among others, the following aspects:

• Georeferenced plans of the situation and surface of the land affected by the alteration.

• Plans of the farms and initial and resulting plots.

• Cadastral and registry identification of the affected farms.

• Current urban conditions.

It is important to note that the municipal license on subdivisions is granted by the city council under the condition that the public deed is presented by which the subdivision project has been formalized within the three months following the granting of the license. Once this period has elapsed without such formalization having been submitted, the license will expire, so the procedures will have to be started again.

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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5 questions about ‘’Proyectos de Actuacion’’

Takin over a process like a ‘’Proyecto de Actuacion’’ can be complicated, but we are here to guide you! We collect the 5 most asked questions by our clients and in this article, you can quickly understand what it is about. In our article What is an action project? When and how does it apply? We answer all your questions about ‘’Proyectos de Actuacion’’ that can be applied to buildings built on undeveloped land. We give you an introduction about acting projects, so if you don't know anything about the subject, we recommend you take a look.

1. HOW DO I IDENTIFY IF MY LAND IS ON UNDEVELOPED LAND?

For this, you must take into consideration that, according to the urban planning law, the lands with environmental, cultural, historical, archaeological, scientific and landscape values, are mostly protected by legislation and classified as undeveloped land, where it is foreseen a layout of the land according to its nature. The city council, the owner of the land, can give you notice about the type of land on which it is located.

2. IF MY LAND IS USED FOR AGRICULTURAL USE, CAN I BUILD HOUSES ON IT?

Yes, as long as it’s a single-family home, which must function as a home that complements the cultivation work of the people who work on that land. However, these projects must comply with the requirements previously established by the regulatory entities and submitted to consultation for approval.

3. WHAT ASPECTS DETERMINE THE POSSIBILITIES OF ACTION IN RURAL LAND?

The urban legislation contemplates the possibilities of action on land classified as undeveloped, but there are different types of undeveloped land, and depending on their characteristics, the procedures will be different. If you want to know how lands are classified, we invite you to visit our article Classification of lands in Andalusia. In what classification is my land? What type of buildings can I make in it? Where you can find an essential guide to know the classification of land in Andalusia.

However, these possibilities are raised with a list of duties that the owner must fulfill.

4. AS AN OWNER, DO I HAVE TO COMPLY WITH ANY REQUIREMENT OR OBLIGATION TO CARRY OUT AN ACTION PROJECT?

If, according to urban legislation, this is linked to the use of the properties, among these, we find:

• Costing and executing the necessary works to maintain the land and its plant mass in conditions of avoiding natural risks, such as fires or floods, will also be responsible for damages and prejudices, if they were generated in the environment, third parties, or general interest.

• Guarantee public health and safety.

• Prevent soil, water and air pollution, even if it is necessary to recover them

• Maintain the legal conditions of security, health, universal accessibility and decoration and the other requirements established by law.

• Dedicate them to uses that are compatible with territorial and urban planning.

5. HOW TO PROCEED FOR THE APPROVAL OF A ‘’PROYECTO DE ACTUACION’’?

1. Submit request of the interested party accompanied by the Project.

2. Resolution on its admission or inadmissibility for processing according to the concurrence or not of the requirements established in the LOUA and the PGOU.

3. Admitted for processing, it will be submitted to public information for a period of 20 days.

4. Report of the competent Ministry in urban planning that must be issued within a maximum period of thirty days.

5. Resolution of the Plenary City Council approving or denying the Action Project.

6. Publication of the resolution.

7. The Project will contain the documentation indicated in section 5 of article 42 of the LOUA.

Undoubtedly, this process should be carried out by professionals, at Munoz Barcia Arquitectos, we are available to help you at any time, contact Javier or Crisanto and they will advise you for free so that you can successfully process your project.

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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Example on ''Proyectos de Actuacion'' and How to Process it

At Munoz Barcia Architects we are committed to help you with your projects. That is why this time we show you an example of a ‘’Proyecto de Actuacion’’ that has been successfully approved. We will evaluate the qualities of the project and analyze the benefits that increased the chances of obtaining approval of a project in your community.

The project that we will analyze has been presented in the town of Tarifa, Cádiz. This municipality is privileged in the natural environment, an aspect that values ​​the land. It also has an important historical-artistic heritage, it is an aspect that can act as a catalyst for a tourist activity.

Therefore, we understand that, in a land with these characteristics, it would be beneficial for the community to develop some tourist activity. This is why the realization of the following project is taken into consideration.

1. TOURISM CAMP, GLAMPING

When presenting the project, it is important to comment with the regulations and formats of the project. We begin with an introduction of the plot and its characteristics, its location, characteristics such as location, delimitation, number of meters, etc. In this phase we seek to go into detail about the current characteristics of the plot, a phase for which the advice of a professional in the area will be needed.

In this case, the project is a tourist camp, which is based on ecotourism principles, where sustainable tourism development, focused on the enjoyment of natural areas that promote environmental and cultural understanding, as well as their appreciation and conservation. This business, whose audience is tourists, provides accommodation services, being directly compatible with the subsequent implementation of new services, such as excursions and sports activities.

Specifically, it supposes the availability of tent-type accommodation modules in different types such as jaimas, with morphology and aspects harmonized with the environment. Emphasizing that they are not constructions but removable structures, which will sit directly on the land of each plot. The possibility is raised that the caravans can be located on the plots as a place of stay and parking of the same. The addition of a swimming pool is also proposed.

As we can see, the opportunities and benefits of a project like these are obvious. Both for its ecological theme, which respects the natural area where the proposal is made, and for the benefits it provides to the community in the future. Among the requirements for the approval of a ‘’Proyecto de Actuacion’’, we have to highlight these opportunities since they will be evaluated by the regulatory body and will be taken to public consultation.

In the document, followed by the opportunities, we proceed to talk about the characteristics of the buildings that are proposed in the project for their correct operation, also, the existing buildings are analyzed, if they exist, and the adequacy of their functionality is evaluated. activity for which they request approval of the action project. All these analyzes must be carried out by professionals, if you need more advice, you can contact us and we will advise you in each step of the process of your ‘’Proyecto de Actuacion’’.

Next, the justification and foundation of the project is presented, in which the public utility or social interest of the project is based on its main aspects, in this case, they would be:

• Publicize the natural environment of the town. Promote ecological tourism in the town. Reinforce the production model and stabilize the temporary nature of the tourism sector in the area.

Also, the economic and financial viability of the project is evaluated, the expenses are detailed, the terms of duration of the urban qualification of the land are established, which function as legitimizers of the proposed activity.

In this same analysis, we find the analysis of the compatibility of this project with the urban regime of the category of undeveloped land, the obligations of the promoter of the activity are established, this corresponds to the legal duties derived from the regime of the land class not developable. If you want to know in depth what these duties are, you can visit our article 5 QUESTIONS ABOUT PROYECTOS DE ACTUACION

It must be taken into consideration that only projects that will NOT induce the formation of new settlements with residential use will be approved. Each of these steps is required by the public administration for the correct study of the project and if the regulator considers it viable, its subsequent approval.

At Munoz Barcia Arquitectos, we have years of experience and we are specialists in this procedures.

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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What is a ''proyecto de actuacion''?

What is a ‘’Proyecto de Actuacion’’? When and how does it apply? We answer all your questions about this process, that can be applied to buildings built on Rural land. It is important to know the reason why this project is applied. Due to the buildings built on rural land in Andalusia, the regulation for each type of land was established and it depends on it, the buildings that may exist in this, in our article Classification of land types in Andalusia, you can find an explanation brief to each of the types of land that exist.

According to the Urban Planning Law of Andalusia (LOUA), there is a classification of land called Non-Urbanizable Land and this protects a large part of the rural land that exists in Andalusia, ensuring that its rural, agricultural and industrial uses prevail. It is for this reason that when a building that does not correspond is built on this type of land, the corresponding entity must act

It is known that many of these cases prescribe their term for the exercise of the law, however, they do not remain in a legal limbo, since there are ways to be legalized or regulated according to their characteristics and the fulfillment of certain requirements, such as, for example, a project of action or a building assimilated out of order.

WHAT IS A ‘‘PROYECTO DE ACTUACION’’ ON RURAL LAND?

A ‘‘Proyecto de Actuacion’’ is a procedure submitted to the urban regulatory body, where a series of documents are set out stating that the activities that will take place in the building are considered of Public Interest, for this reason and as long as it does not fail to comply with any requirement, the building can be legalized.

The activities considered of public interest are those that are found on land affected by the non-developable land regime that propose the realization of buildings, constructions and facilities including infrastructures, services, endowments or equipment whether for industrial, tourist, tertiary or other use analogs. In no case is this project applicable to buildings for residential use.

If approved, there must be prior documentation that is essential for the process to be carried out correctly, Javier and Crisanto de MunozBarcia Architects are waiting for you, do not hesitate to contact them if you wish to carry out your public interest project.

WHAT DOES A ‘‘PROYECTO DE ACTUACION’’ CONTAIN?

To request, the following information must be submitted, without mediation:

• Identification of the promoter of the activity.

• Description of the characteristics of the land, buildings and plans that exist or will exist, as well as exact dates for the start and end of the work.

• Legal and substantiated justification of the utility or social interest of the building activity, as well as the economic viability of the developer.

Both the land owner and the regulatory body have rights and duties that must be fulfilled if they want the public interest project to be approved, as, for example, the owner or '' promoter '' of this activity must constitute a minimum guarantee of 10 % of the work that will be carried out, everything that involves its materialization and paying the compensatory benefit, which is a minimum amount of 10% of the total amount of the investment to be made.

The owner of a building located on this type of land, who can access the approval of the project, has access to different benefits to the buildings assimilated outside the ordinance, since, if the project is approved, this building would be totally legal and would obtain its permits for renovations and other works, which is not the case with buildings in the AFO situation.

Undoubtedly, this is a legal process that requires professional advice from the beginning, so that it can be successfully approved, due to the rigor with which it is studied by the regulatory body, that is why contacting professionals will be your best alternative. At MunozBarcia Arquitectos we are happy to receive your questions and doubts about projects of public interest, contact us and we will advise you for free.

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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Quick Guide: The Different Types of Buildings that Exist in Andalusia

There are different types of land, according to the General Urban Plan, these types of land regulate, among many things, the rights and duties of the owners who build in these spaces, for this reason, today we explain the different types of buildings that exist in Andalusia and how you can identify them according to the type of land in which they are located.

In the General Plan are 3 types of land that are considered as the main ones in urban planning in Andalusia, in our article Classification of land in Andalusia. In what classification is my land? What type of buildings can I make in it? You will be able to find valuable information on the types of soil and how they affect according to their urban application.

But ... today we will talk about the types of buildings that exist, the regulations that affect them and how to learn to differentiate them, either because you own or want to acquire a property. These regulations affects all types of buildings, facilities, and constructions that may need a planning license. Not just single or multi-family homes.

There are two groups of buildings: buildings located on urban land and developable land and buildings located on rustic land.

BUILDINGS ON URBAN LAND

These buildings are located on population centers, therefore, they have the necessary provision of services and their uses may vary depending on the area they are in. These can be buildings with varied uses, whether they are residential, public, hospital, commercial, etc. We are talking about buildings that are on land suitable for development, they have the necessary characteristics stipulated by the general plan.

On the other hand, there are buildings made on rustic land:

• Isolated Buildings: these are a group of buildings that do not constitute a settlement as established in the general plan. In this category we can subdivide it into 2 types of buildings: Constructed buildings, adjusted to the territorial and urban planning and buildings that do not conform to territorial and urban planning.

Each of these aspects is comprised of different buildings with different legal situations, such as:

Legal buildings out of order, built with a valid license for the time of construction, but not applicable to the new updated regimes.

Buildings in a situation of assimilated out of ordination, built without an urban planning license, without authorization from the regulatory entity but due to the prescription of legal deadlines for the corresponding entity to take legal action against the violation of urban planning legality, these pass to a status called ''assimilated out of order'' before the city council. In our blog, you can find very useful information on this subject and if you find yourself in this situation, contact us, at Munoz Barcia Arquitectos we are available to advise you for free.

BUILDINGS BUILT WITHOUT ANY TYPE OF URBAN LICENSE, TOTALLY CONTRAVENING URBAN LAW

These buildings can enter a legal process and end up being demolished if an expert architect is not consulted or if certain specific situations arise.

BUILDINGS BUILT ON RUSTIC LAND OF SPECIAL PROTECTION

This can be decreed by territorial or urban regulations, either because they are in areas of natural risks such as coastal influences, lands with risk of landslides or others. Construction is allowed on specially protected land,  only if the situation requires, for example, single-family homes that encourage the development of the land in its agricultural environment. But, in general, urban infractions do not prescribe in this type of land and therefore it may not be possible to carry out an AFO even when 6 years have elapsed since the urban infraction.

With this information you will be able to identify what type of building to build on the different types of soil that exist in Andalusia. If you are interested in acquiring a property in Andalusia and you do not know which will be the best option for you, contact us, we are available to advise you in your process of acquiring or selling a home or land in Andalusia.

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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Land classification in Andalusia

 In this article, we will explain in detail what a land classification is, how many land classifications exist in Andalusia and how these affect or will affect the property you own or wish to acquire.

WHAT CLASSIFICATION IS MY LAND? WHAT TYPE OF BUILDINGS CAN I BUILD IN IT?

The classification of a land is identified as an urban technique, developed based on the general planning that provides an identification to each land according to its location and characteristics, pointing out the possibilities of urban development of the land included in these. It allows to establish a legal framework that protects the property, ensures its rights and also the fulfillment of its duties. This instrument is great value for urban planning.

In Andalusia, there are 3 major classifications of lands:

• Urban Land

• Developable land

• Rustic Land

The Urban Land

A property is considered to be on urban land when it corresponds to the land that is made up of a population center, as long as they are part of the current urban grid. Properties on urban land must meet the following characteristics:

• Have provision of basic urban services, such as urban road access, water supply, electricity and sanitation.

• Be considered consolidated in at least two-thirds of the space suitable for building according to the order that the general planning proposes.

It is important to clarify that urban land is only considered to be land that the General Urban Planning Plan considers as such, since it is the only instrument that can legitimize a land classification. Urban Land is subdivided into two categories:

• Consolidated Urban Land: This type of land is considered when the land is urbanized or has the status of plots.  It cannot be built until it meets the established conditions.

• Unconsolidated Urban Land: this type of land is considered when an urban transformation caused by different circumstances is required, such as: lack of basic services, infrastructures and public facilities necessary to serve the building that is located on that land. This will require that the urbanization goes under renovation or improvement.

Every land owner has duties and rights, these will be decisive when carrying out a construction on urban land, whether consolidated or unconsolidated. The main right of an owner of consolidated urban land is to build. Their duties include carrying out the work under the conditions established by urban planning, contributing to the maintenance of the consolidated city, and obtaining authorization from the regulatory body prior to any act of transformation or use of the land.

On the other hand, in unconsolidated urban land, their most important right is to appropriate 90% of the average use according to its surface or contribution. Among their duties we find to deliver 10% of the use to the municipality, either for road works, hospitals and green areas.

The developable land

Developable land is defined as the land necessary to guarantee the development of cities in the medium term. This will be used for social needs, such as residential, productive, commercial uses, etc. Different categories of the class of developable land that can be established in the General Plan are established, these are:

• Organized developable land: Integrated by the sectors established in the general plan, legitimizing some activities based on the needs and forecasts of municipal urban development.

• Sectorized developable land: Integrated by suitable land to absorb the possible expected growth and based on the criteria of the General Plan.

• Unsectored developable land: integrates the remaining land assigned to this type of land. In this category, the natural and structural characteristics of the municipality must be taken into consideration.

In this case, the rights and duties established for a land owner on developable land are, having the right to consult for its transformation, such as promoting the transformation of the land.

On the other hand, the general duties of the owner of a land on developable land include delivering to the municipality endowments with a character for road use, hospital and green areas, delivering to the municipality the land corresponding to 10% of the average use and paying for and executing the urbanization.

The Rustic Land

Rustic land is considered to be all that land that is neither suitable nor necessary for urban development, either because it has the status of public domain or its legal regime demands the preservation of its characteristics or to be affected by some special protection regime or guarantee of the maintenance of its characteristics. There are 2 types of rustic land:

• Common rustic land: is considered to be anyone who does not meet the requirements of a developable urban land or urban land.

• Specially protected undeveloped land: These include all national public domain assets. These lands are allowed a series of acts that are not expressly prohibited and may be a natural consequence of the activities carried out on the land, such as, for example, isolated single-family homes when these are linked to an agricultural, forestry destination, conservation of buildings and execution and maintenance of infrastructure, services and public endowments.

The owner of a land on rustic land has the duty to maintain the land and its plant conditions, avoiding preventable natural risks. Among the rights of the owner, is to use and exploit their land through nature.

Knowing all this information about these types of lands that exist in Andalusia is essential if you want to acquire land in the area, since these are the ones who regulate the types of buildings that can be made in this area, so consulting with a professional is ideal. At Munoz Barcia Arquitectos we offer you personalized advice, to guide you on the path of choosing a piece of land or a building in Andalusia.

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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¿What is an AFO? | Guide: Everything you need to know about AFO

Are you interested in buying a building and you are not sure if it complies with the law? Do you have a property on a rural land? Is it possible to legalize a building that is considered illegal? In this Ultimate Guide you will discover everything you need to know about AFO in Andalusia and how to process it.

WHAT IS AN AFO CERTIFICATE?

AFO refers to the Spanish acronym ‘’Asimilado Fuera de Ordenacion’’ for buildings officially recognized out of planning. And is the applicable regime to a completed building (could be chalets, country houses or farmhouses) that has been built outside the urban settlement, without the respective urban planning licenses established by the Andalusian government or contravening urban regulations (Buildability, height, alignments, boundaries, etc ...).

These constructions are considered illegal in Andalusia. Therefore, there’s a number of legal limitations that affect them. These cannot be registered in the property registry, also they’re not allowed to make any maintenance or reformation project. In certain circumstances, due to non-compliance with the processes, the city council can force you to demolish said building.

WHEN IS THE AFO CERTIFICATE NECESSARY?

The AFO Certificate allows the regularization of the property. It means the recognition of the prescription of urban infringement by the Town Hall.  It allows the registration of property and access to primary services (in case the property does not have them) by the companies in charge of the supply. In addition, it allows the owner to carry out conservation and rehabilitation projects that are necessary to maintain the safety of the building, guaranteeing its habitability.

IF THE BUILDING GOES THROUGH THE AFO PROCEDURE, DOES THE PROPERTY BECOME LEGALIZED?

No. The AFO Certificate does not change the legal situation of the property. This procedure gives legal recognition, but doesn’t legalize it, because the buildings will maintain their construction status. This is one of the reasons why advising you with a professional is essential, at MunozBarcia Arquitectos we have a team available to advise you for free in your AFO procedure.

HOW TO IDENTIFY IF THE PROPERTY I AM ABOUT TO ACQUIRE HAS AFO OR IF IT IS ILLEGAL AND IS AT RISK OF DEMOLITION?

It is essential that the owner provide you with all the building documents, including the AFO,This will certify the legality of the property and will facilitate the Purchase/Sale procedures. Make sure it’s not built in a special protection site.  Here’s a tip: Banks will not recognize the building unless it is regularized through an AFO.

Important:

Buildings built on rural land of a specially protected nature, cannot be declared as AFO as it will not be recognized. In the case of risk areas, such as floodplains, the AFO can be recognized after approval by the City Hall, as long as there are no other circumstances that lead to another classification of the land.

WHAT ASPECTS SHOULD I TAKE INTO CONSIDERATION IF I WANT TO PROCESS THE AFO CERTIFICATE?

If your property is in this situation, it’s essential that you verify if it meets the necessary and mandatory requirements to apply. Since if you do not comply with the corresponding legal documentation, your building could be in risk of being demolished and the legal sanctions would be applied. Some of the requirements for obtaining the AFO (They vary according to the corresponding municipality):

• Breach of urban regulations must have prescribed. That is, 6 or more years must elapse from the completion of the works that cause the breach.

• It has to comply the necessary habitability and safety requirements, also with identification of the property, urban situation, age and technical aptitude according to the use to which it is intended. This documents will be inspected by a technical team from the Town hall.

• Collect the corresponding technical and legal information, such as Certificate of cadastral ownership, photocopy of DNI, NIF, NIE or CIF and payment of the fee required by the City Council.

• Basic services (if they exist on the property) must be provided autonomously.

WHAT ADVANTAGES WILL BUILDINGS OBTAIN AFTER AFO PROCEDURE?

The recognition of the AFO situation is essential for the proper functioning of the building, since it will regularize it. Allows the owner of the property to do the required maintenance to the building and provide access to basic services. Facilitate the process of sale or acquisition of a building on rural land and will allow the owner to access the property registry.

IS IT NECESSARY TO PROCESS THE AFO IF I WANT TO SELL MY PROPERTY?

Yes. It is not presented as a mandatory requirement to sell a property, however, it is recommended that the building is in correct legal situation, since most buyers request all the documentation in order.

HOW MUCH DOES THE AFO PROCEDURE COST?

The cost will depend on each Town Hill, which establishes a municipal rate to which professional fees of the technicians in charge of the aptitude reports will be added.

It is important that you carry out these processes in the hands of a professional who can advise you on the technical and legal path. At MunozBarcia we have years of experience and professionals available to answer your questions and advise you on your AFO process for free. This way you can buy or sell a property on rustic land in Andalusia without any inconvenience.

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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14 most frequently asked questions about AFO

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.

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.

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.

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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