Buying Property in the Region 3
Buying Building Plots
If you are considering building your own property, you should be aware that the Andalucian land law, the
Ley
de Ordinación Urbanística de Andalucía, is now in effect.
This law has introduced stiff controls on building in rural areas. Traditionally, planning laws have been flouted
in the south of Spain because the fine for building without a licence was lower than the cost of actually obtaining a
building permit. Once the fine was paid, the property could be registered and title deeds would be issued.
The new law is much more stringent. The fine has been increased from under 5% to
12.5% of the market value of the
property. The intention is to protect rural areas from excessive development.
In order to build a property of
120m2 in a rural area now, the plot must be:
- At least 10,000m2
- The purchaser must be able to demonstrate that the land will be used for agricultural purposes
- That he/she is registered for tax as a farmer or sheep breeder
The law was passed in 2002, however, there is still confusion about the manner of its implementation and enforcement.
Some municipal councils are more liberal in its interpretation than others, however, you should bear in mind that the
law can be applied retrospectively.
It is therefore very important to take the advice of a good
abogado (Lawyer) and
ensure that the registration documents for rural land, and any property on it, are examined.
Please read this
information next.
Recommended Reading
- David Hampshire, Buying a Home in Spain, Survival Books Ltd, 2000, ISBN: 1 901 130 36 3
- David Searl, You and the Law in Spain, Santana Books, 2000, ISBN: 84 89954 09 7
If you would like more information about renting holiday accommodation or purchasing a property in Cádiz province, please phone me on:
01269 598 462 (outside UK 00 44 1269 598 462)
or send an email to: joy@costadelaluz.biz
