Land classification in Andalusia

URBANISM

Nov 17

Written By Francisco Javier Muñoz Fuentes

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.

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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.

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