In the Kingdom of Spain, unlike in other surrounding countries, the operation of the Public Administration is divided into three areas: state, regional (“Comunidades Autónomas”) and local (“Ayuntamientos”).
Spain is divided into 17 Autonomous Communities (“Comunidades Autónomas”) or, in other words, is the same, 17 large regions.
The Spanish Constitution distributed several country issues within those three areas. The urban planning exclusively corresponds to the Autonomous Communities.
Indeed, the State has competence to determine the basics of the matter, but the legal development corresponds to each of the Autonomous Communities.
At this point, you can imagine the extraordinary complexity that represents having 17 different regulations on Urban Planning and Land Management in each region, each with its own peculiarities.
Because of the foregoing, it is essential to hire experts Urban Planning lawyers, who can analyse the risks and situations according to the territory where the client or investor has an interest in acquiring a property.
Regarding the particular case of Andalucía, for example, once the property to be acquired has been chosen, it is essential to have the precise documentation that allows us to know its location (urban, “urbanizable” or rustic), its current legal situation (Does it have a Building License? Does it have a First Occupation License?) And, above all, deeply study depth if the real estate is legal and complies with urban parameters.
If the real estate is not legal, it can be legalized by meeting certain requirements, the most important of which are:
- More than 6 years have elapsed since the completion of the works.
- The property is not within a zone of special protection.
There are two ways to do this process:
- Signing a notarial deed before a Notary and with a Certificate developed by a competent technician, certifying that 6 years have elapsed, or;
- Through a D.A.F.O. (“Declaración de Asimilado a Fuera de Ordenación”) before the City Council (“Ayuntamiento”).
OTIS Advocaten is specialized in reviewing the urban situation of any property throughout the national territory. We encourage you to buy or invest in Spain taking into account the current drop in prices and the existence of opportunities and to choose us as your trusted advisers.