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
¿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
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
