Buying A House On Protected Land In Spain?
- Víctormanuel Paz
Protected land – Building on protected land is a complete no, no and buying a property in Spain that has been built in areas of protection, unless the property existed before the protection was put in place, will always be illegal. The property could at any time come under a demolition order , and it can in fact be demolished even if it appears that all build licenses were correctly applied for and granted at original build.
What is protected land in Spain?
In Spain, according to the Law 4/89, ‘protected areas’ are spaces within the national territory, including the continental waters and the sea spaces subject to the national jurisdiction, among which the exclusive economic zone and the continental platform, containing elements and natural systems of particular interest.
Can you live permanently 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.
Is it wise to buy a mobile home in Spain?
Buyers Guide to Ownership – The Property Market in Spain A s is the case with most other European countries, Spain has suffered from the downturn in the property market. Repossessions in Spain are up and property prices are down. This may be good news if you are planing on buying bricks and mortar in Spain, sometime soon, as there are indeed bargains out there to be had.
However, the mobile home market in Spain although still suffering at the hands of the recession is not as badly hit as other more permanent property types on the market. This is due primarily to the fact that mobile homes are a lot less expensive than traditional apartments and houses and they tend to be sited on leasehold land as opposed to freehold.
In addition mortgages on mobile homes tend to be few and very far between so the majority of mobile home owners are outright owners. Mobile Homes in Spain Mobile homes and caravans offer an excellent and versatile method of buying property in Spain. A cheap and easy way of climbing onto the property ladder in Spain, mobile homes offer the buyer the freedom to move around the country and if they really wish, tak e their home with them.
There are many residential and holiday parks around Spain offering short and long term stays. Certain mobile home parks in Spain can offer similar facilities to other European parks typically including gas, electricity, water and even internet connectivity.
Buying a Mobile Home in Spain The actual process of buying a mobile home in Spain is fairly straightforward and is not as much restricted as buying bricks and mortar. Most mobile home parks and caravan sites will allow you to rent a pitch from them for an annual fee, from the outset.
There are however, still some parks that offer freehold plots for sale in Spain that will allow you to actually own the plot of land that your mobile is sited on and pay a smaller ground rent to the park owners.
As with all purchases, make sure that you have a contract written up with the property details, what’s included and what is not. Also ensure that you talk direct with the mobile home park owners – that they are happy with you buying the mobile home or caravan and it remaining on the site.
How much does it cost to build a house in Spain?
How much does it cost per m2 to build a house in Spain? – There is no fixed price and the more m2 are built, the cheaper the price per m2 will be. According to VIP Reformas, a single-family house, of about 150 m2 with medium-high qualities, can cost about 600 euros/m2 as a base, which gives a total construction price of about 90,000 euros, although this price can be increased up to 1,000 euros/m2 in many cases, resulting in a final construction price of 150,000 euros.
What does rustic land mean 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. “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: [email protected] es or call 951 273 575. To contact the newsdesk out of regular office hours please call +34 665 798 618.
Can you live in a finca Spain?
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.