The Spanish property market has unique rules that can cause a lot of confusion. Today, we discuss the difference between a 'parcela urbana' (urban) and a 'parcela rústica' (rural) property.
We discuss not only the practical implications for you as a buyer, but also the wider urban planning impact of decades of sprawl. Learn about the risks, the 'statute of limitations', and how to protect yourself.
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How can you detect building violations in Spain?
In this episode, you will learn:
- The fundamental difference between suelo urbano and suelo rústica.
- Why a cheap finca on rústico land is often an expensive trap.
- How the extreme example of Ibiza painfully exposes the issues.
- What 'prescription' of a construction violation really means (and what it does not mean!).
- How the Spanish government tracks illegal constructions.
- What a DAFO/AFO procedure entails and why it is not a full-fledged legalisation.
Read more about town planning rules in Ibiza.
Key Points & Concepts
- Urbana vs Rustico:
- Urbano: Building land, included in the municipality's zoning plan. Usually has all utilities and you can legally (re)build on it.
- Rústico: Agricultural land, not intended for habitation. Building is basically prohibited here.
- The danger of Limitation (Prescripción Urbanística)
- After a certain period of time (e.g. 8 years), the government cannot allow an illegal structure to be demolished.
- Crucial: It does not make the building legal. It gets the status 'fuera de ordenación' (off schedule).
- Consequence: You are not allowed to renovate or expand and the property remains legally problematic.
- Detection of Construction Violations:
- Complaints from neighbours (denuncia).
- Analysis of satellite images and aerial photographs.
- Inspections with drones (especially in high-demand areas such as Ibiza).
- The DAFO/AFO procedure:
- An administrative procedure in Andalusia to regularise, not legalise, the status of an illegal building.
- The property is "tolerated" but the restrictions remain.
- Read more about the issue of illegal housing in Almeria.
DO & DON'T
- THE ABSOLUTE DON'T: Don't fall for the low price of a property on rústico land. If it seems too good to be true, it usually is. Don't assume that 'prescription' solves all problems.
- THE ABSOLUTE DO: Seek legal advice. Have the property's documents checked to avoid unwanted surprises after purchase.
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