Can You Build 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.
Can you build on undeveloped land Spain?
So, is very common to find that only when the land has a minimum size (5. 000 m2, 10. 000 m2, or 20. 000 m2 etc. ), you are authorized to build there a construction, also called ‘cortijo’, ‘villa’, ‘masía’, chalé’, ‘chalet’, ‘hacienda’, etc.
Are there building regulations in Spain?
Spanish Technical Building Code – The Spanish Technical Building Code (CTE) is the regulatory framework which establishes the requirements to be met by buildings in relation with the basic safety and habitability requirements laid down in the Spanish Building Standards Act no. The scope of the Spanish Technical Building Code which affects our Pladur® systems is defined in the following Basic Documents:
- DB SI: Safety in Case of Fire.
- DB HE: Energy conservation.
- DB HR: Protection from noise.