Monday, 29 December 2014

Legalization and Occupation in Andalusia (III)

The Occupation of Legalized Buildings in Andalusia (III)

Occupation of Buildings with Expired Urban Offense and Requiring Adaptadion Works. Occupation of SAFO Buildings in Un-Developable Land.


In Andalusia, when a building expired in terms of the deadline for adopting measures for the protection of the Urban Planning Law requires the performance of works for the adaptation to the intended use, two situations can arise:
  • that the building complies with the urban planning regulations, in which case, after obtaining the recognition of the accordance situation, it shall be tacitly recognized as legalized by prescription, at the moment the authorization of the required works gets granted, and at the completion of the works it will proceed to obtain the Occupation or Utilization License
  • that the building does not comply with the urban planning regulations (in any case the use must be in accordance with the planning), in which case it will be necessary to obtain the statement of the Situation of Assimilated to Outside Planning (SAFO) before obtaining the authorization of the necessary works, which shall never exceed those required by the strict maintenance of the security, living and sanitation conditions, and at the completion of these works the granting of the Occupation or Utilization License will proceed.

Occupation of Buildings Declared in SAFO and on Un-Developable Land

Andalusian Decree 2/2012, about the regime of the buildings and settlements on un-developable land, states that the buildings declared in Situation of Assimilated to Outside Planning (SAFO), because of their illegality and disagreement with the urban planning, can never obtain an Occupation License, even if the offense has expired. Actually, the only thing preventing from obtaining the Occupation or Utilization License is the disagreement of the building use. However the same document expressly permits that, after obtaining the recognition of the Situation of Assimilated to Outside Planning, buildings may be affected by the intended use thereof, even if this use disagrees with the urban regulations and planning. The declaration of SAFO, along with its permission of use, enables the supplier companies to provide the basic services, and enables the notaries and registrars to make the registration of the building in the Property Registry.

Unlicensed Buildings Constructed Before 1975 on Un-Developable Land

Andalusian Decree 2/2012 provides that all detached buildings built without planning permission on un-developable land and completed before the entry into force of the Land Law of 1975 are entitled to obtain the Occupation or Utilization License, provided that the building use is the original one or is in accordance with the current urban planning regulations.

Occupation of Buildings on Developable Land and Unconsolidated Developed Land

The buildings on Developable Land and Unconsolidated Developed Land can not receive any Occupation or Utilization License, because the Law on Urban Planning of Andalusia (LOUA) states as a prerequisite that the development works should be completed previously.
Legalization of Buildings in Spain














Architect Daniel Trujillano

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