Building On Rustic Land In Spain?

Building On Rustic Land In Spain
Spanish jargon for buying land in Spain, simplified – Technical architect in Spain Some terms describe the legal status of the land from a planning perspective (such as urbano , urbanizable , no urbanizable , and protegido ) and some terms describe the current state of the land for sale (such as suelo urbanizado ), which will include all its services and infrastructure; suelo en desarrollo and suelo sin desarrollar. Sound complicated? Let’s break it down: Suelo urbano This is land which is generally within cities or close to towns and villages. It is clearly marked on the local plan ( Plan General de Ordenación Urbana ), which is freely available for inspection by anyone who asks the right department at the local town hall.

Suelo urbano generally would have all the services established, however, in some cases, they may need finishing off which would imply costs and legal fees. Suelo urbanizable This category refers to land for sale that’s in the process of being rezoned so it can be legally developed.

On this land outline, planning permission isn’t necessary. You apply for detailed planning permission from the local town hall. Suelo urbanizado Land for sale which is fully urbanizado will have all the services already established such as roads surfacing, pavements, street lighting, main drainage, mains water, mains electricity, and telephone landline.

Check this list off and if something hasn’t been installed find out of there is a chance a charge will be imposed on the owners of the plots to install this service. Suelo rustico All rustic land is governed by the national law and by the land laws of the autonomous regions, even though it belongs to the jurisdiction of a local town hall.

Building on rustic land in Spain is rarely simple. In fact, rustic land is, by definition, not buildable. However, in specific circumstances, building can take place in these areas. For example, if there is a declaration of public interest; or the drafting of a Land Use Planning Instrument, such as the proyecto de actuación en suelo no urbanizable.

These circumstances can vary greatly between municipalities;
For example, it may be possible in some municipalities to build on 2% of the area a total construction of 4% – so you would need a lot of land to build a substantial house;

There may be other regulations that stipulate that the buildings be used for agricultural purposes. If you are thinking of doing this, the regulations need to be carefully studied. Take note that for rustic land you must have the approval of the regional authority in addition to the approval of the local authority.

You may be handed some official paperwork outlining the approval of the local authority with nothing from the regional authority. The regional authority of Andalucia has been tightening the regulations in recent years (for example, see New Decree below).

To build or renovate on rustic land in Andalusia, you have to demonstrate that the building you propose is necessary for either agricultural use or for rural tourism. In the case of the former, this would mean being registered for tax purposes as a farmer and being able to produce the documentation to support this.

Protegido Some land is more heavily protected ( protegido ) than others;
To build a house in Spain on heavily protected land, you may have to get authority from a number of different bodies, such as environmental protection, national parks, wildlife protection, river and water authorities, road authorities… as well as the local town hall and the Junta de Andalucia;

All this can take time and needs to be professionally presented to stand a realistic chance of success.

What is a rustic property in Spain?

THERE are many property professionals in Spain that do an excellent job airbrushing the considerable risks associated with buying rustic properties. Clearly, planning regulations in any country must be adhered to and failure to do so will invariable result in costly consequences.

Spain is no exception to this general rule. The attractions of buying a keenly priced rustic property are obvious to all but you must arm yourself with detailed information on the legalities of the property from an independent professional before taking the plunge.

Taking some simple steps could be the big difference to enjoying your time in Spain. Fully legal rustic properties in Spain are the exception rather than the norm. It is the duty of the purchaser to make proper enquiries as to the nature of the property that he or she is buying.

The problem is that there are some unscrupulous estate agents who rely on sharp practice to get their deals over the line. Such agents will back up their “Nothing to worry about…nothing to see here…” approach with abusive contractual clauses stating that the buyer is aware of the rustic status of the property and accepts the urban, judicial, and physical characteristics of the property.

Clearly such clauses impose great limitations on the buyers come back once they finally discover the true legal ramifications of their property being “Rustic”. Rustic is land is not zoned for residential purposes but is instead zoned for agriculture, forestry, nature reserves, flood plains etc.

It is otherwise known as Non Urbanizable Land or “Suelo No Urbanizable”. Buying a home on rustic land will immediately expose the purchaser to a series of risks that must be explored by an independent legal professional and fully understood by the purchaser prior to entering into the purchase contract.

It must be understood that as an owner of a rustic property you will simply not be afforded with the same protections extended to owners of Urban properties. Building On Rustic Land In Spain “Beware of big rural property pitfalls”, warns Martin Hayes Most typical dwellings built on rustic land having a plot size of less than 10,000m2 have been built illegally and or without planning permission. Strict legislation was passed in 2014 that increased the statutory period that town halls has to take disciplinary proceedings against illegal builds from four years to fifteen years. No such time limit applies to Protected Rustic Land. Disciplinary actions can result in a considerable fine and or a demolition order.

In the case that the rustic property has been completed for the requisite number of years resulting in the town hall being “statute barred” from opening disciplinary proceedings, the property will not become legal but will remain as being outside the applicable planning regime (“fuera de ordenacion”).

In the case that town hall decides to Urbanise the area changing the status of the property from rustic to urban, urbanization costs would be payable directly by the owners of the affected properties. It is not untypical for urbanisation costs to range from €20,000 to €60,000 or more depending on the size of the plot and the extent of consolidation works required.

Payment facility schemes may or may not be put in place by the local town hall. The upside is that the value of the property will increase but the there is always the risk of having to assign part of the property to allow for mandatory infrastructure and green areas.

Quite apart from the above, rustic properties are more exposed to being subject to compulsory purchase orders in the event, for example, that infrastructural or public works are planned for the area. Properties that are “fuera de ordenacion” are also subject to certain restrictions mainly that the only works permitted are to maintain the existing structure.

No planning permission or licences of any kind will be granted while this status persists;
In addition, such properties will generally not be eligible for a habitation certificate meaning that if the power connection is cut off it may be impossible to get reconnected;

Banks are increasingly more wary about giving mortgages on rustic properties. This may have the effect of making the property harder to sell in certain market conditions therefore potentially adversely affecting the property’s resale value. With these properties, there are doubts as to whether insurance companies will pay out in the case of the total destruction of the property in the case of fire or other such devastating event.

Likewise, the local town hall may prohibit such properties from being rebuilt;
Every buyer will have their own set of personal circumstances and risk profile determining whether or not they can absorb the risks associated with purchasing a rustic property;

In all cases, it is fundamental that a careful and complete investigation of the rustic property is undertaken independently so that the purchase proceeds on the basis of a fully informed decision. If you need legal assistance in English please contact Martin Hayes directly. 46004 Valencia (Spain) + 34 96 334 89 83 DO YOU HAVE NEWS FOR US at Spain’s most popular English newspaper – the Olive Press? Contact us now via email: newsdesk@theolivepress. es or call 951 273 575. To contact the newsdesk out of regular office hours please call +34 665 798 618.

Can you build on urban land in Spain?

So, if your intention is to develop a project for building a house in «urban» areas, you should first check in the legal authority (mainly the Town Hall, Council = ‘Ayuntamiento’), which are the specifications, requirements, and limitations, that you can have to build there.

Can you build on a finca in Spain?

Finca Rústica: The agricultural Finca on Rustic Land – A Finca Rústica or Finca Rural refers to a piece of land (rustic land) that can accommodate agricultural purposes or be used as a residence. However, a Finca Rural has been registered in the Land Registry for agricultural or forestry use only.

These are typically agricultural plots, woodlands, water catchment areas, and (protected) nature reserves. In general, this kind of land cannot be divided into individual lots. Also, you cannot build on it without first obtaining a permit from the government and paying any required fees.

Getting a permit to build a residence on this type of land can be complicated. The downsides of these properties are that they are difficult to commute to, and finding services in rural areas can be a problem. If you plan to live in your Finca Rústica full time, you will require utilities such as electricity and water.

Can you put a mobile home on land in Spain?

Our homes, cottages and cabins (Mobile-¬‐Homes) can be disassembled and transported, in other words, you can move them to another place, therefore land is not altered so they are considered to be “moveable property”. This is clearly defined in Article 335 of the Spanish Civil Code.

Further still, an extract of the sentence by the Spanish Supreme Court of 14 October 1961, decision 3300, states: “As the construction is a portable, provisional and changeable thing it is considered to be moveable property according to Article 335 of the Spanish Civil Code”;

These constructions can be registered as a home with a building license by previously creating a project on developed land (urban or rural areas and through the Town Hall services). Portable module on a chassis with an axis with wheels and reversible drawbar in order to make movements easier when towing the mobile home. Reinforced steel chassis with additional treatment in order to provide optimal resistance against corrosion and weather conditions (manufactured according to EU regulation UNE-EN 10305-5) On the iron platform there is a 30 mm blocked mono board covered in a coating of PVC that strengthens the floor of the home. Roofs made of wood truss and supports with boards of hydrophobic wood particles and covered in a thermal insulation of high-density polyurethane foam. Exterior supports with permeable sheets and lacquered steel roof tiles finished with the choice of different colours. The panels provide thermal and acoustic insulation, with a similar aspect to traditional roof tiles. Guttering with two drainpipes on the ends. 6cm thick sandwich panel made up of two sheets of hydrophobic wood with polystyrene foam on the inside. Ecological plastic washable paint with a stucco finish. Stone coatings to protect and decorate walls. Waterproof and breathable. Ideal to achieve all types of decorative effects. Medium grain. 6 cm thick sandwich panel made up of two sheets of hydrophobic wood with polystyrene foam on the inside. Canexel finish with wood-like appearance. High-quality and hardy parquet floor for intensive domestic use that combines a natural look with great interior aesthetics. ·Easy to maintain. ·Easy to clean with a microfibre cloth or sponge. ·Hygienic, resistant against fungus and bacteria. ·Resistant against knocks and bumps, UV rays, cracking, damp and abrasion. PVC turn/tilt windows with Climalit + aluminium shutters with foam injected into them to provide maximum thermal and acoustic insulation. Professional and excellent ironwork finish, with different aesthetic options. Double-glazed or single-glazed door, according to models. Wooden interior doors with a smooth lacquered white finish, or beech or oak veneer. Plastic paint with smooth finish available in a wide range of colours. Personalised complete kitchen with optimised space. .

Can you live on rustic land in Spain?

If you are buying land or a property in the country, such as a farmhouse (cortijo), it is essential to find out if it is in an area where building is allowed (in which case it is called a “finca urbana”, or – if land – “suelo urbano” ) or where it is not allowed (“finca rustica” or “suelo rustico”).

This classification will affect the value, and it will also affect how much of a mortgage you can raise. Land in Spain is classified in several types on land: A) Suelo Urbano (Urban land): This is a land in which it is authorized to built, with determinate specifications contained in the “Development Plans” of the city or area (Plan General de Ordenación Urbana), or in specific zones of urbanization called “Partial Plans” (Plances Parciales), etc.

This land use to be all the facilities and requirements to live there high density of population, like the proper water and electric supply for the properties and constructions, and public electric and water. And other supply connections, like sewage, gas, telecommunications, etc.

Urban Land or “Suelo Urbano” is the land of cities, or village, or urbanization, and use to have the proper access by roads, with pavement, streets, commercial areas, health assistance, schools, colleges, sports, etc;

B) Non-Urbanizable (Suelo no urbanizable). – Rustic land is a land considered no-urbanized land. It means that the land classified in this way cannot be urbanized. So, no urbanizations, or cities, or plans can be developed in the area. There are a lot of type of land included in this classification, like green areas, protected areas, mountains, lakes, public areas, etc.

Inside this classifications there is the “rustic land”;
This is a land which must be used to grow for farmers;
So, the sole use allowed in this land is to “grow”, or to be used by farmers to develop an agricultural activity;

But, in this land, it is authorized to build new constructions, eventually. These constructions must be in a very low density of construction. So, is very common to find that only when the land has a minimum size (5. 000 m2 in Murcia, passing to the 10. 000 m2 in the Spanish Land Law (Ley del Suelo), or 20.

000 m2 in over protected areas), you can build there an individual farm construction, also called “cortijo”, “villa”, “masía”, chalé”, “chalet”, “hacienda”, etc. Of course, there can be houses in rustic land over plots smaller than the minimums required in the different areas.

This is because these buildings were built before the new battery of regulations entered in force, or, simply, that they were built “illegal”. In these cases, these houses are respected by the public institutions (safe it they were built illegal and the file of the infraction has not been expired), and can be reformed, but not extended.

C) Suelo Urbanizable: This is a land in which, although today is not “urbano”, is the Town Hall can change the classification to “urbano” at any moment;
So, if you find a plot in one of these areas, and you have the aim to build there a determinate construction or project, you should first check in the legal authority (mainly the Town Hall or Council or “Ayuntamiento”), which are the specifications, requirements, and limitations, that you can have to build there;

The first step. – To know if your project can be built: The “Building License”, or “Building Permit”, or Construction License” (Licencia de Construcción, o Licencia de Edificación, o Licencia de Obra Mayor). So, if you find a plot in one of these areas, a rustic land, or “suelo no urbanizable, and you have the aim to build there a determinate construction or project, you should first check in the legal authority (mainly the Town Hall or Council or “Ayuntamiento”), which are the specifications, requirements, and limitations, that you can have to build there.

See also: Spain On Uk Amber List?

For example, you can find a determinate land, and you wish to build there a determinate construction. What you have to do is to pass your idea of the building to a project and then present it to the “Ayuntamiento”.

Then, they will study the regulations and limitations of the area, and then they will approve your project, with the proper Building License, or Building Permit, or they will refuse it, asking to modify the project (for example, asking you to reduce the floors from three to two).

Water and electric supply As explained, the water and electric supply, and the sewage service, are items that are guaranteed to citizens who lives in urban areas “suelo urbano”. But, rustic land is out of urban areas, and, frequently out of the main points of connection to water and electric.

In fact, the Town Hall has not any obligation to supply mains water and electric in rustic land. Only in urban. So, it is very important to study carefully the possibilities to get water and electric in the plot, depending on your wishes. For example, if there is water and electric mains supply near the land, and it can be connected, there is not any problem.

But, sometimes, the closest electric or water connection is faraway, and, to be connected to you need to pay the expenses to bring the supplied to that property. So, you must have this into account from the beginning, before to take any decision.

Of course, there is always possible to get water from an internal deposit tank, and of the typical Spanish “pozos” (In English “mining”, “shaft”, or “pool”), and electric from solar pannels, or eolic. Also, sometimes, the land, as it is for agricultural purposes, use to have irrigation water, which duly filtered, can be use to waste water.

So, before to buy the plot, or to make any decision over the transaction, it will be recommendable to have a preliminary meeting with the architects or the construction technical staff from the Building Department (Departamento o Concejalía de Urbanismo) from the Town Hall.

This will make more secure the investment, because, in this meeting, you will have a concrete idea and acknowledge of the conditions and limitations to build in that plot, before to proceed to buy the land. It is more than recommendable that this meeting is done together with your Solicitor expert in construction and, if possible, with the architect who will develop the project and the construction.

You need to instruct your architect and your Spanish Solicitor to inspect the Plan General de Ordenación Urbana (PGOU) – the Town Plan. For example, you will now which are the conditions of construction in that land, and in the area, remember that it can vary depending on the region in which the land is placed (5.

000 m2 in Murcia, passing to the 10. 000 m2 in the Spanish Land Law (Ley del Suelo), or 20. 000 m2 in over protected areas). In this meeting also you will discover what other developments are planned for the area, for example a new road, highway, train line, an industrial zone, a comm ercial area, or an urbanization.

Maybe you can build a construction in the land you are looking for, it is very important that the land is not affected to any future development, or, that in the area there is projected to develop a commercial, or industrial, etc.

This information can be obtained in writing, with a certification obtained by the Town Hall confirming the exact possibilities and regulations to build on it, it is called “Cédula Urbanistica”. Once you know exactly the type of building authorized to be built in that land, and, you are happy with it, then, you must contract the services of an architect to develop the project of construction, or building project.

In the building project, your Spanish architect, must adapt your needing and preferences of the type of building with the specific regulations of the Town Hall in that area. So, your architect will guide you in this process, informing you about the different possibilities to transform your “ideal house” fulfilling the regulations of the area.

The most important thing is to have every detail specified. If you care a lot about door hardware, know exactly what you want. Have your architect go through the plans in as much detail as you can stand. Try to visualize what the views from different windows will be, and what size beds the guestrooms can handle.

In other words, try to furnish and live in the house while it’s still on paper;
You may not be on-site to catch things that could annoy you for years to come, like a window that’s off centre in a bedroom, or skylights that aren’t exactly above where the bathroom sinks will be;

Once the project is complete, then must be presented to the Town Hall, to the Building Department (“Departamento de Urbanismo” or “Concejalía de Urbanismo”). With the application of the Building License, you have to pay an extra municipal tax, Impuesto sobre Construcciones, Instalaciones y Obras, which is applicable to all developments which need a building license (whether one is applied for / granted or not).

This tax can vary from 2% to 4% of the cost of construction, depending on the Town Hall. Then, they will study how suitable is your project to the specific conditions or limitations in the area. If your project of construction is OK, and fulfils with the regulations and requirements to build on that area, then they will authorize you to build there with the proper “Building License” or “Building Permit”, so, you will be entitled to build there exactly the same property as presented to the Town Hall with the project.

Second Step. – The construction of the house. Once you have the building permit, you must contract the services of a builder or constructor, to execute the project, and to build purely the house. This builder must follow the instructions of the architect in order to execute the construction as strictly projected.

– The Architect At this point, is very important to pay attention to the work of the architect;
When the services of a Spanish architect are contracted to make the project of construction, he will complete his work once the project is obtained;

But, you can also contract his services to “control” the works made by the builder, and to guaranty that all the steps of the construction are done as the project specifies. In Spanish, this is “Control de Obra”, or “Supervisión Técnica de la Obra”. Of course, the fees from the architect will be higher if the architect assumes this work, but the guaranties of the construction will be higher, because the works of the builder will be periodically inspected by the architect.

It is very important that the architect must be registered in the College of Architects of the Region. You then need to appoint an architect, and to agree a contract with him that specifies exactly what he is responsible for, timescales, and costs.

The architect’s fee includes the preparation of the memoria de calidades (Quality list of materials). It is very detailed, including for example the formula for the concrete, the type of materials, and the size of pipes. The architect will instruct an aparejador, a qualified architectural engineer, who will supervise the building, carry out on site inspections, and ensure the building is to the required standards.

He will issue the architect’s certificates which are necessary to obtain the Spanish Certificado de Fin de Obra (Completion Certificate), and the Licencia de Primera Ocupación (Licence of First Occupation or Certificate of Habitation);

You will need to prepare an exact specification for the building, and then find a reliable builder. Your architect may accept responsibility for this, and for supervision. You need to agree a completion date, with a penalty clause for late completion. This needs to be incorporated into a legally binding contract with the builder.

– Ten Year Insurance Also, in this point is very important for you to consider what is called seguro decenal or ten-year insurance;
When you buy off-plan from a Spanish builder or developer, or you, by yourself build new property (which is your case now), the builder or developer, together with the architect, must guaranty you that the essential and most important parts of the construction will be secure at least for ten years, following the Spanish laws;

In order to confirm this responsibility, the Spanish regulations forces to the developers of new buildings to insurance the most important parts of the construction, as the foundations, internal structure, bines, etc. Other defects affecting the habitability of the property are covered for 3 years.

Other minor defects are covered for 1 year;
In the last two cases insurance cover is not required, but obviously if a builder can offer this as an additional guarantee, it will be better;
Also, it is an additional guaranty for the construction, because the same insurance company will force the builder to pass determinate quality inspections, to check the quality of the materials and the works made in the property, in order to give the proper policy;

The Spanish Ten Years Insurance (or “Seguro Decenal”) is obligatory and compulsory when the promoter is a company with the activity to build houses for sale. This is called in Spain “Autopromotor”, translated as “Self-Promoter”, or “Self-Developer”. This is the case in which a particular buys a land in Spain with the intention to build a house for him as main, or second residence, but he has not the activity of buying for sale.

In these cases, the Spanish laws give the option to these particulars to not apply for this insurance, because the Spanish Government understand that, if a particular is building something to live inside, he will take the necessary care to build in a safe and secure way;

So, the particular can choose whether to save costs avoiding to pay this insurance; or in instance, to contract this insurance to have a better protection against grave construction problems and defects. But, if you as self-promoter chose not to apply for this insurance, when you sell the house in the future to other buyers, the Spanish Laws forces you to inform them that the construction is not covered with this guaranty, and they must accept this condition from the sale.

From the point of view of an eventual buyer, it will be always a better option to buy a property with this insurance. So, they must be duly informed, and they must confirm, that the property is not with any insurance in this way.

– The Builder As promoter of the construction, you must contract the services of a builder to execute the construction of the order developing the project and instructions made by the architect. One of the most important elements of constructing a property is the building contract with the builder.

The builder will always try to protect its interests and if you are not experienced with these type of contracts your property can end up being of a fare less quality than expected, take twice as long as promised or even worse;

To protect yourself always make sure that your Solicitor draws up the contract or goes through the contract proposed by the builder. The most important elements of the contract are to make sure that: – The full name and CIF number of the constructing company and the owner are included.

– The construction are made from the plans and building description (memoria de calidades) provided by the architect. – Extras such as garage or pool are included the price – Starting and termination date including penalties for late delivery.

– Payment terms (newer pay more than 20-30% before the starting date of the construction and fix all the rest of the payments to different stages of the construction. It can also be recommended to retain 5-10% of the price to repair any defects after the building is finished) – The certificates from the architect, electricians and the town hall have to be given on the last payment.

– Taxes involved in the transaction, explaining and detailing how much is from IVA (VAT), and Stamp Duty (Actos Jurídicos Documentados), Notary, Land Registry fees, etc. Other aspect we recommend to agree with the builder: – To guaranty that the builder will organize the final steps of the process regarding documentation, like the Certificate of Final Works License (Certificado Final de Obras), or the Declaration of New Building, or Horizontal Division (Declaración de Obra Nueva o de División Horizontal), and, the most important, the Certificate of Habitation (Cédula de Habitabilidad).

– To guaranty that, once you pay the final payment for the price of the construction you will have the water and the electric supply, depending of the different possibilities you can find in the area, as explained above. These items are extremely important in rustic land, in which is not common to find enough electric or waters points of connection to the main supply.

Why ask these things to the builder?. Because it is very common that the builder leaves the work once he has complete the construction, once he obtains the Final Works License – CFO (Certificado Final de Obra), and the New Building Declaration- DON (Declaración de Obra Nueva).

With these certifications, the builder declares that the new building is finished (with the CFO), and that exists in the land registry (DON). At this stage, the final administrative declaration of the building is not complete. It rests to obtain the Certificate of Habitation – CH (Cédula de Habitabilidad o Licencia de Primera Ocupación).

This document is very important because, overall when the property can be conneceted to mains water and electric supply, so you need it to pass the supply of the water and the electric contracts of supply from “Works” to “Home” use.

I will try to explain it better in this way: With a strict interpretation of the Contract with the builder, he finishes his service in the moment in which the property is physically finished, and appears as a house in the land registry (Registro de la Propiedad).

This is obtained with the two documents named above: First, the Final Works License (Certificado Final de Obra), which is a document in which the architect who projected the construction certifies that the building is already finished, with the compliance of both, project and Building License; and Second, the New Building Declaration-DON (Declaración de Obra Nueva), which is the process of inscription of the new building in the land registry (Registro de la Propiedad) over the existing plot;

In this moment you, as promoter, have the Spanish house complete, and duly inscribed in the land registry. Also, in the property, there is electric and water. So, you can think the property is ready to live inside…. BUT… NO. For your information, the property is not ready for you to live there, the property is not a “house” yet, it is a “construction” because, to be a “house” you need the following items: – Certificate of Habitation – CH (Cédula de Habitabilidad o Licencia de Primera Ocupación): This is the confirmation from the Spanish Town Hall that the property is ready for habitation, and it is applied once the property is finished with the Final Works License (Certificado Final de Obra), and inscribed in the land registry with the New Building Declaration-DON (Declaración de Obra Nueva).

You need this document to obtain the permission of the Town Hall to live in the house;
Before you get it, what you have is a construction, but not a “house”;
This document will be necessary to obtain the individual supply of the utilities on your name, and with “house” use, if the property can be connected to the mains supply;

Please, do not forget that this document is not required only in “urban” land or properties, it is also required for rustic properties in Spain. – Electric and water contracts on your name: Before the builder obtains the certificate of habitation, there could be water and electric supply in the construction, because, is normal that the builder obtains this supply to make the works (for the tolls, machinery, etc.

But the supply obtained from the builder is a supply for “works”, but not for “house”. Sometimes, buyers or promoters are left in their properties with electric and water supply for works use for years, because the builder did not obtain the proper CH (Certificate of Habitation).

They have water and electric, but in a very poor conditions, and expensive than the normal supply for a house. In order to guaranty you, as buyer or promoter, that the builder will obtain the proper CH, it will be recommendable to leave a part of the payment of the price when the CH is obtained.

It will force the builder to work right and to do his best to get this document asap. – Certifications of Installation from water and electric (Boletín de Instalación Electrico, y Boletín de Instalación de Agua).

These documents are certifications made by the installers of the electric and water supply, which certifies that the installation is secure, and fulfils with the regulations of supply of these elements to a “house”. We highly recommend you, as promoter or buyer, to guaranty that the builder will hand over the property to you being habitable with the CH, with the proper water and electric supply for a house, and with the security that you will not have any problems in the future with this.

Why to ask this to the builder?, because he knows the area, he knows the architect, also the Town Hall, and he will obtain these documents three times faster and cheaper than you. And, if he wants to be contracted by you, he must just obtain these items.

If he refuses to do it, it will be a reasonable argument to look to another. It is very common that you, as promoter, need to apply for a mortgage to pay the construction of the property. In this case, there is a specific mortgage which is offered by the bank to obtain enough financial to build the property.

It is called: Promoter Mortgage, or Self-Promoter Mortage (Préstamo o Hipoteca Promotor o Auto-Promotor). The situation is the following: You have the plot, and an initial idea about the house projected with the architect, and you have now found the builder to make construction.

But you need money, and you need to ask for a loan to build the house. Then you go to your bank and ask for possibilities of financial. After study your personal situation to confirm that you will be a good client to pay off the mortgage payments, then the bank accepts and offer you to lend you the money for the project.

But, the bank will not give you the full amount of the construction expenses at the beginning, they will be giving you the funds by steps. Which steps?, the ones derived from the same evolution of the construction.

For example: Imaging that you need 100. 000 EUR to complete the works. The bank will give you 20 % to buy the land, and to make the foundations, 20 % when the structure is finished; 30 % when the roof is complete, etc. , and the rest when the architect makes the “certification of final works license” or Licencia de Final de Obra.

Your bank will request from your architect, any time a step is finished, to issue a certification confirming that that step is satisfactory complete. Then, you will bring that certification to the bank, and they will lend you the corresponding percentage for that step in relation with the global.

Sometimes, your bank ask you to have the plot on your name before to give you the approval of the mortgage, and to declare the house “on construction” in the land registry. It is because, sometimes, the builder offers you one of the plots which are on his name to you to build there, and the plot keeps in the builder’s name till completion.

So, to give a better guaranty to the bank, they may request to pass the land into your name, and to inform the land registry that a house is being built in that land;
If this is the case, then you have to go to the notary, and get the deeds of the land into your name;

With the deeds of the land on your name, you have to go to the land registry toge ther with the Building Project, and the Building License. In this way, the land registry will the house “in construction” over that land. Final Works License – Licencia o Certificado Final de Obra: As explained before, once the works are finished, then it is necessary to somebody to confirm that the job is complete.

This is the work of the architect. He has the obligation to go to the construction, and inspect that the works are really finished, following the instructions and specifications made in both, his project, and the building license obtained.

But, meanwhile, the construction is not declared in the land registry. So, there is a process to inscribe the construction in the land registry, which is called: Declaración de Obra Nueva. This process will get the construction declared in the land registry.

This is a process done in front of a Spanish Notary, who will prepare the deeds of the house over the pre-existing land or plot;
To make the DON, for new houses, it will be necessary to obtain the Certificate of Habitation (CH) from the new Spanish Regulations of 2007 (Ley del Suelo de 2007);

Before 2007, new houses could be inscribed in the land registry without the CH. The result of the DON will be to obtain the deeds from the house, duly described in the proper title deeds. So, which is the process to obtain the deeds of the new building, or Declaración de Obra Nueva?.

The DON is called to the process of declaration of the property in the notary and in the land registry. So, the process must start declaring the house at the notary office. The notary will request from you the documents listed below, which will be inform the notary what is the hosue, the details of the construction, size, measurements, category of the house, etc.

What documents the notary needs to prepare the Declaración de Obra Nueva?: – The deeds of the land on your name- To proof the ownership of the land. – The Building Project from your architect – To proof the size, description, etc. , from the house and the building.

– The Building License – To proof that the property obtained the proper permission from the Spanish authorities. – Final Works License – (CFO) Licencia o Certificado Final de Obra – To proof that the Works in the Spanish property are finished.

– Ten Years Insurance (Seguro Decenal) – If you have finally chosen to contract this insurance. If not, you must indicate to the notary that you have not proceed in this way, in order to inform the buyers and obtain the confirmation that they agree. – Certificate of Habitation from the Town Hall – To proof that the Spanish authorities considers the building as a Spanish “House”.

With these documents the notary will prepare the proper deeds which be called Declaración de Obra Nueva, which must be signed by the owner of the land. Once the deeds are properly signed, these ones will be the current deeds of the property, and the previous ones, which contained just the land will be canceled.

After the signing of the deeds, once they are ready, and, after the payment of the notary fees, and the payment of the Spanish Taxes (1 % over the value declared), it must be presented to the land registry in which was previously inscribed the Spanish land, in order to make the proper inscription of the house in the Spanish land registry, following the description and the specifications contained in the deeds made by the notary.

Then, once you have all these documents, you need to bring them to the notary. The notary will prepare the title deeds of the construction, and you will sign them. This process is called Declaración de Obra Nueva.

This will declare that, over the pre – existing plot, there is now a construction, which is a house. Then, you will need to bring these documents to the Land Registry to make t he proper modification of the inscription of the land, now including the house.

So, the expenses of the DON will be, mainly: – Notary fees to prepare the DON deeds – Land Registry fees to inscribe the DON in the inscription of the land – Stamp Duty – 1 % of the evaluation of the property At this point, is very important to differentiate two figures which are the most widely used in the market when somebody is buying an individual property off plan: a) To buy from a promoter or a developer the final building.

Then, acquiring the position of a normal “buyer” off plan. It means that the builder, or the promoter, who are the owner of the plot, or they have the rights to build on there, they offer the project to you, and you accept to buy once in finished and ready to sell, paying the price by steps.

Then, when the property is finished, they offer you the property, and you pay the final price of the property, with the following expenses: – 7% VAT over the price of the sale – Notary and land registry fees for the sale – 1 % Stamp Duty over the price of the sale b) To be in the position of a “self-promoter”.

It means, that you assume the position of the developer, so, you have to pay the following expenses: – The price of the land – The fees for the project of the architect – The fees for the final works license of the architect – The builder fees and materials – The notary fees for the acquisition of the land – The notary fees for the Declaración de Obra Nueva- DON – The land registry fees for the Declaration of the building “in construction” – The land registry fees for the inscription of the DON – Taxes: o Building License: 3-5 % over the budget of construction.

This budget is fixed in the same project made by your architect o Certificate of Habitation: 50-500 EUR (depending on the area) o 7 % Transfer Tax, over the price of the land;
This is to be paid when the deeds of the land are passed into your name;

o 1 % Stamp duty, over the price of the house construction. This is to be paid when you declare the house “in construction”. o 1% Stamp duty, over the total price of the construction. This is the budget of the house when declared for DON. And it is required when you bring the deeds of the DON to the land registry to inscribe the house over the land.

o VAT (IVA) , which is the 16% over the price of the fees from the builder, and the architect. As you may note, the differences between the simple buyer off-plan, and the self- promoter are very high, from the moment in which, in the first case, the buyer only pays the taxes and expenses of the acquisition of the property already complete, because the promoter has paid the previous expenses and taxes before.

In instance, in the second case, the self-promoter is the responsible of the payment of all these payments and expenses before the property is complete. – CATASTRO (In English “Cadastre”) OR COUNCIL TAX: In the position of the self- promoter, the Catastro over the land is called “rustic”.

In other words, the lnad is paying the Council Tax as “land”;
The “Catastro” is the institution which consider the properties for maps, drawings, plans, and for Council Tax purposes;
Whilst the Registro de la Propiedad and the escritura may well confirm the ownership of a property, and the conditions of this ownership, like who owns the property, in which percentage, if is there limitations or charges (like mortgage, public auctions, Tri¡bunal disputes,e tc), the Catastro details will give you a better understanding of the boundaries of the property (usually in a visual form) and, size and description of the property;

But, when you complete the building of a house over that land, then you must inform the Catastro (Council Tax authority), that over that land now there is a “house”, with determinate specifications. If you do not do it, you can have future problems. There are areas in Spain (like Andalucía and Murcia) in which the notary, when declare a new house over a pre-existing land, they send the deeds to the Catastro to inform about the modification.

So, once you have the deeds of the DON in the land registry, the job is finished in this way. But, in other areas, like Valencia region, once you present the deed s of the property with the DON to the land registry, you must bring a copy of the CFO, and the Building license to the Catastro, in order to inform them that, over the land, there is now a house.

If you do not do it, they will contact you in the near future to provide them with these documents. Once the construction is duly inscribed in the Catastro, the job is finished, and soon (Well, sometimes 1-2 years), you will start to receiving the bills from the Council Tax.

Once you have the construction properly declared in the deeds with the process of Declaración de Obra Nueva, and you have the Certificate of Habitation (“Licencia de Primera Ocupación”, or “Cédula de Habitabilidad”), then you must apply for the contracts of supply for the ¡water and electric companies.

For this, you must present the following documents to the csupplying companies: A) Electric: Certification obtained from the electrician who made the installation or “Boletín de Instalación Eléctrica” + Certificate of Haibtation B) Water: Certification obtained from the plumber who made the installation or “Boletín de Instalación de Agua” + Certificate of Haibtation Then, the electric and the water company will install the individual meters into your property, and will issue the contracts for individual supply.

Only in that moment, the supply turns from “building supply” to “individual supply”;
TlaCorp is a company of lawyers, architects, and tax advisors, established with the main objective to offer our advising services to our clients through a staff of experienced professionals in property law;

TlaCorp is formed by the joint of a group of lawyers, specialists in, real estate, building, and property law, with wide experience in real estate investments. Our practice extends to all of Southeastern Spain, including Murcia, Almeria and Alicante. Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written.

It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication;
Readers considering legal action should consult with an experienced lawyer to understand current laws and;

how they may affect a case. For specific technical or legal advice on the information provided and related topics, please contact the author.

Can I put a caravan on my land in Spain?

The architec’s plans to renovate, restore or build your dwelling have been submitted to the council. (please read the building regulations in Catalonia and Aragon)
The council has given you the licence to start with the building
You ask for a permission to locate your caravan on the land while you are doing the works. the council has to give you this certificate in written form.

Are tiny houses legal in Spain?

Aspiring Tiny House owners require a project and building permit. According to the Ley de Ordenación de la Edificación (L. E), any construction on urban (urbano) or rustic (rústico) land is considered permanent and therefore a building permit (licencia de obras Municipal) is required.

Do you need planning permission for a mobile home in Spain?

Joined Sep 9, 2008 · 3 Posts Discussion Starter · #1 · Sep 15, 2008 Does any one know the land use laws with regard the siting of one mobile home, caravan trailer or American RV on rural land classification in the Andalucia region. I am sure I read on a website some time ago that it is permissable upto a certain length.

Any of our wise members know or can direct me, thanks;
Joined May 22, 2008 · 642 Posts Does any one know the land use laws with regard the siting of one mobile home, caravan trailer or American RV on rural land classification in the Andalucia region;

I am sure I read on a website some time ago that it is permissable upto a certain length. Any of our wise members know or can direct me, thanks. As far as I know there is no law that says that you can’t, albeit that there is no law that says that you can.

You can declare to the authorities that it’s there and they will charge you rates until they find an alternative use for the land and quite possibly throw you off it, but they will never tell you that it’s legal.

You will most likely have to generate your own electricity, transport your own gas and unless you are very fortunate have to buy in tanked water. There is a guy on one of the sale sites who has been trying to sell one for years (if I remember which one I will pm you).

I can see why the Spanish are reticent about giving official permissions, I stumbled onto an official Spanish owned camp/residential site in Moraira and noticed the more permanent structures of part caravan, part tent, part wooden hut, it looked like a Beirut transit camp.

If they allowed folk to buy a piece of cheap rural land and plonk god knows what on it they would be asking for trouble, IMHO. Joined Mar 23, 2008 · 1,156 Posts I’ve a mate in the UK who’s going to do JUST THIS. The guys who sell the “transportable” home will know size limitations. His land has water and power ( cows and donkys drink too ) – gas deliveries to Fincas Rusticas is possible too. He has to put in some form of waste disposal – sesspit. It will require planning permission even if it’s semi permanent (even for just the concrete plinth – power etc).

And if it’s TOO permanent they will make you shift it – which can be an issue if it’s an RV that’s not roadworthy – or worse still on brick pillars. And if you don’t have permits – FINES too. BUT YOU MUST MAKE SURE THE TOWN HALL IS OPEN TO IT.

If they are opposed it’s almost certain they’ll find a technicality. DO NOT BELIEVE LAND AGENTS! There are 100’s of rumours out there about the size of finca it has to be and the size of building. But If you do not know what the local interpretation of the LAW is – you can have a surprise.

It is quite possible to find some old guy (shepherd etc) living on a rural plot – but when the plot is sold/inherited you find that this was a SPECIAL permission which was only valid for his life;
I’ve seen several disillusioned inheritors & purchasers where I work;

Joined Sep 9, 2008 · 3 Posts Discussion Starter · #4 · Sep 16, 2008 Hi Crookesey, thanks for that. There does seem a lot of uncertainty about this type of land use. My form of residency will be either a brand new UK standard Willerby, or such, mobile home or a brand new American 5th wheeler or a second hand late model American RV motorhome so hopefully it won’t look like Beirut lol.

I would also be looking for a land plot that is planted out with olive tree so that I could continue with olive oil production and keep the rural approach to the land. Thanks again Joined Sep 9, 2008 · 3 Posts Discussion Starter · #5 · Sep 16, 2008 I’ve a mate in the UK who’s going to do JUST THIS.

The guys who sell the “transportable” home will know size limitations. His land has water and power ( cows and donkys drink too ) – gas deliveries to Fincas Rusticas is possible too. He has to put in some form of waste disposal – sesspit. It will require planning permission even if it’s semi permanent (even for just the concrete plinth – power etc).

It is quite possible to find some old guy (shepherd etc) living on a rural plot – but when the plot is sold/inherited you find that this was a SPECIAL permission which was only valid for his life;
I’ve seen several disillusioned inheritors & purchasers where I work;

Hi Chris, thanks for your post. As I said in my reply to Crooksey i would try and keep the land productive and the residency unit will be definately have mobility if required. I am not to sure about the bit – town hall is open to it – as my Spanish is not good (yet), do you know if it is possible to discuss such things in english? Thanks again. Joined Mar 23, 2008 · 1,156 Posts I am not to sure about the bit – town hall is open to it – as my Spanish is not good (yet), do you know if it is possible to discuss such things in english? Here it most certainly IS NOT. You’d need a translator. Every town hall has associated LEGAL assessors and architects who have to approve – and then the town hall applies the TAX. All I can say is be careful. We met a dutch couple one year on our hols – they were restoring an old stables/house and inbetween had caravans onsite as residence – they had to keep moving them about as the local mayor walked his dog nearby daily.

Can you live on a finca?

Rents and Prices of Finca houses – Many of the finca houses in Spain are easily available for rent or for sale to the foreigners. You can even easily buy a rural land at a cheap rate and start your own business venture there without any hurdles. Therefore, make sure to do a complete market analysis before choosing your finca house in Spain.

You can easily find a budget friendly Finca in Spain for rent or for sale once you contact a reliable and expert real estate agent in Spain;
Investigate the property tax rate before buying a finca in Spain;

Property taxes vary according to location of your home.

How long does it take to get a building Licence in Spain?

How long does it take to get planning permission in Spain? – The time between applying for planning permission in Spain and being approved also varies greatly between municipalities. In our experience, the fastest is Benahavis. It only took two months for us to get two separate building licences.

The slowest is Marbella town hall, where it takes so long we simply can’t measure the length of the queue. Expect to wait between three and six months, maybe more… If you work with Eco Vida Homes, we’ll work with you on the execution project (the specification and the bill of quantities) while we’re waiting for the building licence to come through.

This is a crucial document and it’s important that it be detailed so the waiting period is not all wasted time. Author: John Wolfendale Bio: John is a founder of Eco Vida Homes and is passionate about bringing modern design and construction practices to Spain.

He believes a home that is warm in winter and cool in summer is largely a matter of design and selective use of materials. He is British and a Chartered Surveyor with over 24 years experience living and working in Spain.

Eco Vida Homes is a team of Architects, Technical Architects, Builders, an Engineer, and a Chartered Surveyor. We help people design and build beautiful energy efficient home, designed for Mediterranean living, in Marbella and Southern Spain. There are two things that make us stand out: a sharp focus on our clients’ needs and everything we build is comfortable and energy efficiency.

What is the definition of a finca?

Definition of finca : a rural property, ranch, or farm in Spain or Spanish America.

Can I live in a static caravan in Spain?

Can I live in a caravan in Spain? – You can live in a caravan in Spain, but only for a limited time. You must also park in the designated areas, as wild camping is illegal in Spain. To register in a campsite the regulations will depend on each Autonomous Community, as t here is no common law.

The problem appears because the stay in the campsites is limited, that is, you cannot live all year round;
In the Basque Country the limit is set at 11 months , while in Madrid, the maximum time you can spend in each of these venues is 180 days;

If this period is exceeded, it is considered that your stay is residential and you will be committing an offence.

What is rural land Spain?

In Spain all land is categorised. For example, a piece of land could be classified as urban land (“urbano”) or rural land (“rustico”) – more accurately, for planning purposes, known as suelo no urbanizable. There are several other classifications that need not detain us here.

By J;
Howell;
When buying property that is rural land or in a rural area there are always certain risks;
Some occur in any country, others are specific to Spain;
Keep a sense of proportion;
Remember that tens of thousands of foreigners have bought land in rural Spain with no problems at all;

A few dozen or hundred have been adversely affected by this law.

Can I live in a mobile home in Spain?

Hassle free purchases – Under Spanish law, mobile homes are classified as caravans when sited on a legal mobile home park. That means no property taxes, no lawyers or notaries, no need for residency, no chance of buying something illegal and above all – no fuss! You don’t need a residency permit to buy one, and you don’t have to apply for any complicated Spanish paperwork.

You can just come on out and use it whenever you like – and your family can, too! Choose from our pet free or pet permitted areas for safe, comfortable living in southern Spain’s largest community resort.

See our list of resale homes for sale here.

Can you build on rustic land in Tenerife?

Talking now about ‘rustic land’, this is a land where the main use allowed is to ‘agricultural’, or to be used by farmers to develop an agricultural activity. But, in this land, excepcionally, it is authorized to build new constructions with residential use.

Can you build on rural land in Spain?

Spanish jargon for buying land in Spain, simplified – Technical architect in Spain Some terms describe the legal status of the land from a planning perspective (such as urbano , urbanizable , no urbanizable , and protegido ) and some terms describe the current state of the land for sale (such as suelo urbanizado ), which will include all its services and infrastructure; suelo en desarrollo and suelo sin desarrollar. Sound complicated? Let’s break it down: Suelo urbano This is land which is generally within cities or close to towns and villages. It is clearly marked on the local plan ( Plan General de Ordenación Urbana ), which is freely available for inspection by anyone who asks the right department at the local town hall.

Suelo urbano generally would have all the services established, however, in some cases, they may need finishing off which would imply costs and legal fees. Suelo urbanizable This category refers to land for sale that’s in the process of being rezoned so it can be legally developed.

Check this list off and if something hasn’t been installed find out of there is a chance a charge will be imposed on the owners of the plots to install this service;
Suelo rustico All rustic land is governed by the national law and by the land laws of the autonomous regions, even though it belongs to the jurisdiction of a local town hall;

These circumstances can vary greatly between municipalities;
For example, it may be possible in some municipalities to build on 2% of the area a total construction of 4% – so you would need a lot of land to build a substantial house;

You may be handed some official paperwork outlining the approval of the local authority with nothing from the regional authority;
The regional authority of Andalucia has been tightening the regulations in recent years (for example, see New Decree below);

Protegido Some land is more heavily protected ( protegido ) than others. To build a house in Spain on heavily protected land, you may have to get authority from a number of different bodies, such as environmental protection, national parks, wildlife protection, river and water authorities, road authorities… as well as the local town hall and the Junta de Andalucia.

All this can take time and needs to be professionally presented to stand a realistic chance of success.

What is a cortijo in Spain?

A cortijo is a type of traditional rural dwelling (akin to the German Bauernhof, also known as a Farmhouse in English) in the southern half of Spain, including all of Andalusia and parts of Extremadura and Castile-La Mancha.