Planning Law Changes

There were some major changes in the Planning Laws in Andalucia in early 2003 which has a dramatic effect on new house building in the area.  It is important that you are aware of these changes when looking at purchasing a new property or plot to build on.  It can also affect any house that has been built over the last few years.

The main impact has been with "Rustic" land as opposed to "Urban" - this usually means the larger plots of land.  If a plot is much larger than (say) 1500 sqm then the chances are it is Rustic land - always check.

The new laws state that no new construction can take place on Rustic land unless it is for purely agricultural use as part of a business.  Therefore all New houses have to be built on Urban land.  The only exception to this is where there is already an existing building which the town hall has classified as a "habitation" where it can be reformed into a new house but must be based on the existing remains of the old building.

As some builders start building houses prior to obtaining planning permission they can now be hit by this change in the law such that they can now no longer obtain planning consent and the houses are therefore "illegal".  Some builders just totally flout the law and continue to build anyway.  This situation seems to be particularly bad around the Albox area and down towards the Almanzora Valley but can happen anywhere.  Note that builders are still trying to sell new houses without planning consent so be very careful.

If buying a plot of land, a new house or a recently built house in Andalucia then ensure you use an independent solicitor who has no links with either the builder or owner of the property.  They can then check if it is rustic land and if so check that all planning consents and building licenses have been issued (for a house) or can be issued (for a plot).  If you get the message that "...planning consent is being obtained..." when a house is already built or under construction then do not hand over any money until you are sure the permissions are in writing - and not just from the town hall but actually approved by the Junta de Andalucia.

Remember that if you have a house that has been built illegally the authorities have the right to demolish the property - and they are now intending to actually do this.  We already know of residents in some areas receiving notification that the authorities are requiring their properties be demolished.

If in doubt....leave well alone!

Should you need an independent abogado (solicitor) to check these things out for you then please click here to view our Legal Services page

Please note that all the above currently effects Andalucia - however the border with Murcia region is only a little way up the motorway from Huercal Overa following a line just east of Velez Rubio crossing the motorway half way between Huercal Overa and Puerto Lumbreras and reaching the coast just south of Aguilas (see maps).

In Murcia region the planning laws are a little more relaxed but you will still need to check that planning consent is available on rustic plots as more and more areas are becoming "Protected".   However there are still rustic plots available in this area where you should be able to build.

If in doubt....talk to an independent solicitor!

[Home]   [Maps]  [About Us]  [Contact Us]  [Property for Sale]   [Solicitor]  [Reforming a Cortijo]  [Inspection Visits]

CASAS almeria
Offices in Spain & UK

UK:       01367 240013
Spain:  +34 950 13 44 34