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

URBANISM

Nov 15

Written By Francisco Javier Muñoz Fuentes

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.

TELL US WHAT YOU NEED

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.

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