Building violations in Spain frequently occur in detached houses in rural areas (suelo rústico). If you are considering buying property in the Spanish countryside, a thorough legal check of urban planning status is crucial to avoid future fines, demolition orders or sales blockades.
Buying a "finca" or country house in Spain is a dream for many, but the reality is that the local urban plan (Plan General de Ordenación Urbana) was often ignored in the past.
How do construction violations arise in Spain?
Building violations occur when structures are erected or altered without the required municipal building permit (licencia de obra) or when these works are not registered in the Property Register. In practice, we distinguish two categories:
- Unlicensed extensions (Minor Works): This is the most common form. For example, previous owners installed a swimming pool, garage, veranda or outdoor kitchen without a permit. Although the main house is legal, the physical reality does not match the description in the title deed (Escritura) and the Land Registry (Catastro).
- Illegal main houses: Here, the entire house was built on land where it was not allowed under the zoning plan (e.g. protected nature reserve) or without any building application. These are serious infringements with complex legal consequences.
What are the consequences of a construction violation?
The consequences of a building violation depend directly on the nature of the violation and the classification of the land. In most cases, a building violation results in a depreciation and legal constraints, but not necessarily to direct degradation.
Below are the specific risks:
- Delay in sale or estate: If the data in the Land register (Registro de la Propiedad) are incorrect, this often blocks a potential buyer's mortgage application or delays the settlement of an inheritance. You should first regularise the situation (via a Declaración de Obra Nueva Antigüa).
- Fiscal impact: Adjustments to the structure affect the cadastral value. The tax authorities can retroactively claim IBI (Real Estate Tax) on the undeclared square metres.
- Restriction of use rights: In the case of illegal constructions, you are generally allowed to no expansion or renovation works carry out that increase the value of the property. Only strictly necessary maintenance is allowed.
- No rental licence: Obtaining a tourist rental licence requires a compliance certificate from the municipality. If there is a building violation, this application is invariably refused.
- Demolition order: Although rare for time-barred offences, for recent breaches or encroachments in protected areas, the municipality may proceed with an order for restoration to its original state (demolition).
Read more about the pitfalls when buying a Spanish property in the interior of the country.
Statute of limitations on construction violations: Rules by region
In principle, building violations can be time-barred, preventing the municipality from requiring demolition. However, 'prescription' does not equal 'legalisation'. The property remains 'out of order' (fuera de ordenación).
The deadlines and rules vary greatly from one autonomous region to another and have become stricter in recent years:
- Comunidad Valenciana: The general limitation period is 15 years.
- Note: Since the introduction of the LOTUP legislation in 2019, construction offences on rural land (suelo no urbanizable) in many cases no longer. For serious infringements in green zones, there is no limitation period.
- Andalusia: Here, a limitation period of 6 years For ordinary breaches.
- Solution: Andalusia offers the possibility of regularisation through the AFO certificate (Asimilado a Fuera de Ordenación). This recognises the existence of the property and gives you access to utilities, subject to payment of a regularisation tax.
In Andalusia, however, there has recently been a possibility to regularise illegal constructions.
Risks in semi-urbanised areas
Semi-urbanised areas are residentially zoned neighbourhoods where urbanisation has not yet been legally or de facto completed. They often lack essential infrastructure such as sewerage, street lighting or paved roads.
Living in such a zone carries specific, often underestimated risks:
- Urbanisation costs: The municipality may require all owners in the zone to contribute financially to complete the infrastructure. This cost can amount to tens of thousands of euros per plot.
- Expropriation: To build roads or utilities, the municipality may expropriate parts of your plot.
- Construction stop: Until urbanisation is completed, new building permits or renovation licences are often not issued.
Read more about the pros and cons of urbanisations in Spain.
FAQ: Frequently asked questions about construction violations in Spain
1. Can I buy a house with a construction violation in Spain?
Yes, you can, but it is risky. You buy the property "as is", including all legal charges. It is crucial to renegotiate the price to cover the costs of future regularisation (such as an AFO procedure or rectification of the deed). Never sign without a due diligence investigation by a lawyer.
2. Is a swimming pool that is not on the land register illegal?
If no permit has been applied for, it is in principle illegal. However, if the pool has been there long enough (e.g. longer than the region's limitation period), it can often be regularised in the title deed via an architect's report ('certificado de antigüedad'). You will still have to pay registration fees and taxes.
3. What is the difference between prescription and legalisation?
At prescription the government can no longer fine you or force you to demolish, but the situation remains legally irregular. For example, you will not get a permit for expansion. At legalisation the situation is brought into conformity with the law, making the property fully compliant and restoring all rights (such as remodelling). The latter is often impossible in rural areas.
4. What does the AFO procedure in Andalusia entail?
AFO stands for Asimilado a Fuera de Ordenación. It is an administrative procedure through which owners of illegal constructions (whose infringement is time-barred) receive official recognition from the municipality. It does not legalise the property completely, but it gives legal certainty and access to basic services such as water and electricity.
About the author: Glenn Janssens is a lawyer specialising in Spanish real estate transactions and tax regulations. Since 2017, he has been helping Belgian and Dutch individuals and entrepreneurs to safely purchase and structure real estate in Spain. He guides files from A to Z: from due diligence, ownership and tax control to estate planning and optimisation for residents and non-residents. Thanks to his years of experience, hundreds of handled files and focus on transparent communication, Glenn makes complex Spanish legislation understandable and practically applicable for every property buyer.
