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
Opening licenses: Everything you need to know
If you have come this far, it is probably because you are thinking of starting some type of business, but you do not know what are the procedures you have to follow to do so. Whether it is to open a restaurant, a retail store, a hairdressing salon or any other type of activity "open to the public" you have surely heard of the activity license as one of the most important requirements and that the most headaches it brings to future business owners. Do not worry, because in this post we bring you all the keys so that you do not have any doubts about what it is and how it is processed!
The activity license or opening license, is one that allows the City Council to verify that a premises meets all the requirements to open to the public in safety conditions, without generating risks to customers, workers, neighbors or the environment environment.
WHAT ACTIVITIES ARE LICENSED?
As established by law, all activities related to holding public shows and activities are subject to administrative control (either through a license or by means of a responsible declaration, as explained in the section on "What is the procedure?"). recreational activities, as well as public establishments where these activities are held or carried out.
As for the activities, you should know that recreational activity is understood to be those situations of leisure, fun, recreation or consumption of drinks and food. Likewise, public establishments shall be understood to be those premises, venues or facilities of public attendance where shows or recreational activities are held or practiced.
As you can see, the law does not distinguish between types of establishments where these activities are carried out, so we understand that they are already carried out in a place, in a flat, an industrial warehouse, or any other type of property, they must comply with the requirements that are established below to obtain the corresponding permission.
WHAT REQUIREMENTS MUST MY ESTABLISHMENT MEET?
Undoubtedly, this is the most difficult question to answer, since depending on the activity for which a license is required, specific requirements established in the corresponding sectoral legislation must be met. The requirements that a restaurant must meet are not the same as those that a teaching academy must meet, for example; so our recommendation is that you contact an architect who will advise you at all times.
However, in a generic way we can cite a series of requirements common to all uses:
Urban planning conditions: The municipal urban planning establishes a series of permitted uses and specific rules depending on the location of the property, so the first step before buying or renting an establishment to put it into use, will be to verify that the use that we want to give the establishment is allowed by urban regulations.
It must be verified that the establishment complies with the technical conditions of safety, hygiene, sanitation, accessibility and noise level that are determined by regulation in the specific rules of each activity.
Comply with the provisions of the Technical Building Code, fire protection regulations and other basic regulations applicable to public entertainment and environmental protection.
Were you looking for the requirements for a specific type of premises? Check if your activity is in the following list of posts:
Opening licences: Shops and food
Opening licenses - Cocktail Bar/ Nightclub
WHAT IS THE PROCEDURE?
1. Do I need to reform the premises?
First of all, we have to mention that, in the event that the premises does not meet any of the requirements described in the previous question, it will be necessary to carry out the corresponding reform works, an independent procedure to that described in this post and that will require the presentation of a basic project and an execution project to obtain the building license. If you have questions about some of these concepts, we recommend that you read our posts:
What is a basic architecture project?
What is an architecture execution project?
2. Responsible declaration or activity license?
Since 2012, the procedure to start activities has been simplified and most of them can be processed by means of a responsible declaration instead of by applying for a license.
WHAT IS A RESPONSIBLE DECLARATION?
A responsible declaration is a document signed by the applicant (accompanied by as many documents as requested) in which it is declared, under the responsibility of the signer, that all the requirements for (in this case) the start of an activity are met. Unlike the license application, the responsible declaration does not need a response from the Administration,Therefore, from the moment it is presented, the activity can be started immediately (without prejudice to the fact that the Administration can subsequently verify that the statement is true, and initiate a sanctioning procedure if it is not).
In which cases can the activity be started by responsible declaration?
The opening of fixed public establishments destined to the celebration of public shows and permanent recreational activities will be subject in general, to the presentation of a responsible declaration before the City Council. This means that only in cases where you want to carry out a temporary activity (for example, a fair) or install a temporary establishment (removable type) will a municipal authorization be required. In the rest of the cases, it will be sufficient to present a responsible declaration.
Activity project
Regardless of whether the activity can be started by means of a responsible declaration or not, it will be essential to present an activity project, which describes the activity that will be carried out on the premises, the facilities and machinery that will be used, Compliance with all applicable regulations is justified and plans are provided for all of this.
Is this all, or do I need other authorizations depending on the use that my establishment will have?
As with the requirements, depending on the specific case, it may be necessary to obtain other types of authorizations or carry out procedures other than those mentioned in the previous section, prior to or simultaneously with the start of the activity. As an example, we indicate some authorizations and in which cases they are necessary:
In activities located in protected natural areas, it may be necessary to obtain prior authorization from one of the Ministries (depending on the reason that justifies the protection)
In activities of production or manufacture of food products, the corresponding sanitary registration must be obtained.
Tourist establishments must have the authorization of the competent Ministry of Tourism and register in the Tourism Registry.
In activities located on undeveloped land, the presentation of an action project or special plan will be required (depending on the activity).
ENVIRONMENTAL LEGISLATION
Finally, due to its relevance, we must mention that there are a series of actions subject to environmental prevention and control instruments and that their resolution must be obtained prior to the presentation of the responsible declaration at the City Council and, therefore, before starting the activity.
The activities that must be subject to any of these instruments are listed in Annex I of Law 7/2007, of July 9, on Integrated Environmental Quality Management, where we find, among many others: hotel establishments and tourist apartments; restaurants, cafes, pubs and bars; discos and party rooms; cinemas and theaters; gyms; dance and dance academies, and so on.
DO I HAVE TO REAPPLY FOR A LICENSE IF I SUSPEND THE ACTIVITY OF MY ESTABLISHMENT FOR A PERIOD OF TIME?
Yes. The inactivity or closure for more than six months of a fixed public establishment will require the presentation of a new responsible declaration before the City Council for its reopening. Likewise, the inactivity or closure for more than six months of an eventual public establishment (for which authorization is required when starting the activity for the first time) will require the presentation of a responsible declaration before the City Council for its reopening.
IS IT NECESSARY TO HAVE AN ARCHITECT TO CARRY OUT THE WHOLE PROCESS?
Yes. Many of the procedural documents that we have been mentioning throughout the post must be necessarily signed by a technician (among them, the activity project), since he will be in charge of certifying that the activity complies with all regulations.
However, it is not only mandatory for some of the steps, but it is highly recommended to contact an Architect even before buying or acquiring the establishment in question. Why? If you do not know perfectly the requirements that the activity you want to start or the urban regulations must meet, it is very possible that, attracted by a good offer, you will acquire a place in which the use you want to put is not allowed, or in which the cost of the reform that you need to meet all the requirements is much higher than what it would have cost you to acquire another seemingly more expensive premises, but that better adjusts to the requirements of the use you want to start.
Remember that having adequate technical advice is not an expense, it is an investment that will allow you to save costs in the future.
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
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
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
