Spain: Rural Land in Andalusia

Overview

In December 2002, Andalusia’s regional authorities (the Junta de Andalucía) passed new legislation affecting building work in most of the region’s rural areas in an attempt to preserve Andalusia’s unique countryside and to prevent it being spoilt by uncontrolled construction such as that seen along much of the coastline. Under the new law it’s now extremely difficult to build on a rural plot (known as a parcela rústica or parcela no urbanizable) unless the land already has a ruin or building on it, or you intend to make your living from agriculture.

Rural Andalusia is very popular at the moment mainly because foreign buyers find the property prices too high on the coast or are looking for a quieter area. However, many foreigners buying plots inland have been caught out by this new legislation and there are numerous stories of foreigners who have found they can do nothing with the rural plot they bought – except enjoy the views. In some cases foreigners who bought the land several years ago have since discovered that their applications for a building licence will be refused. Some agents and owners will try to tell you that local authorities aren’t imposing the regulations, but it would seem they’re taking the legislation seriously – building projects on rural land are often stopped by local councils and police helicopters regularly scan rural areas looking for illegal construction. Illegal projects have to be abandoned and demolished (at huge costs to the owners), as it’s no longer possible to pay a fine and continue building.

There are exceptions to the ruling, although these are difficult to fulfil, as you can currently only build on a rural plot if you intend to live there and make your living from farming the land (you must prove this). Even if you buy a plot with an existing building or ruin, permission to extend the building or restore the ruin may not necessarily be given. It’s also virtually impossible to build a swimming pool or garage.

Steer clear of rural plots unless you have official confirmation in writing (preferably from the regional authorities themselves) that you can build on the land. Don’t be taken in by promises made by owners (anxious to sell their land to foreigners at a high profit) or estate agents (anxious to get their commission) that a building licence can be obtained. Check yourself, or better still, employ a lawyer in the area to check for you. If there’s any doubt about whether you can build then it’s advisable to look at other properties.

This law only affects rural plots and doesn’t affect land classed as ‘urbana’.

© Survival Books Limited 2005

“Buying a Home in Spain 2006” 5th Edition, David Hampshire.

Reproduced with the permission of Survival Books Limited.

Further information on this topic can be found in “Buying a Home in Spain 2006” 5th edition, by David Hampshire.

For extensive, annually updated information about buying a property in Spain, you can purchase this book at www.survivalbooks.net