The following applies only to building a new property from the ground up. It does not apply to rebuilds from derelict ruins or part derelict houses. This will be covered in a following article.
Before You Buy.
Once you have decided on where you want to live in Spain, found the plot of land and determined it is for sale – STOP - do not pay over any money or sign any form of contract! Your next step is to find and appoint, preferably in writing, an independent, local Spanish, English speaking solicitor to act on your behalf. Be cautious about using a solicitor recommended by the vendor, find your own.
Also, when dealing with rustic or rural land i.e. in the country, keep the following in mind – you probably will not be able to get the build permissions. In the more unlikely event that getting permissions seems a possibility everything needs to be proven to your solicitor and yourself before you hand over any money.
It is much easier to get permissions for urban building.
Finding the Land.
Urban Land. If you are looking to build within the boundaries of a town or village the land has probably been urbanised. In urbanisations or housing estates the land may already be divided into building plots, services such as lighting, water and sewerage may already be installed and the land may come with building permissions. These types of plots are the most expensive in any area because much work has already been done. Houses may also be under construction or fully completed and being lived in.
However don’t presume, that because all looks well all is well, illegal urbanisations still exist and are still being developed despite a government clampdown in recent years. Get your solicitor to check out the paperwork before you commit.
Country or Rustic Land (rústico or suelo rustico). Most country land is classed as rústico, which means the land cannot be developed for housing and is probably zoned as non-urbanisable.
Also, nowadays, many regional authorities are no longer allowing local town halls to authourise building in the country.
You may find that you have to buy a minimum plot size of 10,000 square meters for non-irrigated land and 3,000 square meters for irrigated land and then have to satisfy the authorities that you need the house for some rural purpose – not simply to live in.
The above factors combined make country land with the potential for building permission hard to find.
Do not believe the seller who tells you that you can build on a country plot and later get it legalised and pay a small fine. This no longer happens – your house, your pride and joy, is more likely to be torn down, maybe after years of stressful litigation.
There can be further complications with rustic land.
- There may be existing rights of way across the land in the form of a track (camino rural) or pathway (servidumbre de paso) which cannot be cut.
- There could be an irrigation ditch (acequia) running through the land which is a legal right of way and you will be unable to deny access to those who use or maintain it.
- The boundaries of the land may be unclear within the ownership documents. These often use antiquated and vague land measurements and may describe the area of land by means of the neighboring owners. In this case you may need a land survey to be carried out by a topógrafo who will measure the land exactly.
The Building Permit
Even when your solicitor has sorted the details, title and paperwork you still need one more thing to be clarified before committing to spend your hard earned cash and that is the building permit (Licencia de Obra or Permiso de Obra).
There is no point in buying the land if you cannot build legally upon it, so it is essential that your solicitor checks this point thoroughly.
The above information is not complete and should not be taken as legal advice. Always consult an independent solicitor prior to any commitment to purchase.
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