Legalization in Andalusian Un-Developable Land

Legalization of Buildings on Un-Developable Land in Andalusia

Regime of Buildings on Un-Developable Land

In Andalusia, the buildings built on un-developable land (with or without planning permission) which comply with current territorial and urban planning, are subject to the regime established by the Andalusian laws on urban planning for all kinds of land. However, in the case of building works performed without a license or violating the conditions of a granted license is always mandatory to apply for a license (IE, the legalization of the works), whether or not they are completed, and no matter how much time elapsed since the end of the works. While in other types of land the general rule is not forcing the legalization of works in which the offense has expired if they are in conformity with the urban planning regulations, the Decree 2/2012, regulating the regime of buildings and settlements on un-developable land in Andalusia, forces the legalization of any building works performed on un-developable land, although the urban infraction has legally expired. That is, in Andalusia, for the restoration of the disturbed legal order on un-developable land, if the legalization of the works is possible, then there is actually no expiring time frame for the urban planning infractions.

Detached Properties Built Before 1975

Andalusian Decree 2/2012 provides that the regime of the detached properties built without a license on un-developable land and completed prior to the entry into force of the Spanish Land Law of 1975 is assimilated to the regime of the properties built with a granted license, but only if they still carry the same use and typological features that they had before the entry into force of the Land Law and they are not in legal status of urban ruin. Depending on whether or not they conform to the current legislation, those buildings are considered:

• legalized, if they comply with all current regulations
• in legal status of outside planning, if they don't comply.

The recognition of the Situation of Assimilated to the Out of Planning regime (SAFO) is not applicable, because the status of this kind of buildings is comparable to that of the properties built under a granted license. For each building performed without any building permit on un-developable land prior to the entry into force of the Land Law of 1975, is necessary to obtain a municipal certification attesting whether the agreement with the urban planning or the legal status of outside planning, depending on the accordance between the performed works and the territorial and urban planning regulations.

Architect Daniel Trujillano
http://www.arquitectotrujillano.com/legalization/home.html
Legalization Projects for Buildings in Andalusia

Buildings Assimilated to the Outside Planning Regime (II)

Properties Assimilated to the Outside Planning Regime (II)

Technical Certificate for Particularized Recognition

The particularized recognition of a building assimilated to the outside planning regime provides a valid document for the definitive hiring of the services provided by the suppliers of electricity, water, gas and telecommunications. It also allows access to the Property Registry for the recognized building, by the inscription with notice about its particularized situation. After obtaining recognition, all repair and maintenance works required by the strict preservation of the safety and health conditions of the building will be authorized.

The Technical Certificate

Normally, the inscription in Title Deeds of buildings performed under the prescription of an urban infraction will require a technical certificate stating about the description and the antiquity of the performed works. However, to obtain the resolution of building assimilated to the outside planning regime, such certificate should contain:

• complete identification of the affected property, indicating the number in the Property Registry (if it's already registered) and geographic location by cadastral reference
• date of completion of the building, properly accredited by any valid evidence document
• the use to which the property is intended
• expert opinion about safety, habitability and health conditions, considering the building use
• expert opinion about the installations, considering the autonomous character, the environmental sustainability and the current regulations, and considering the building use
• if the building lacks of some installation, a description of all necessary works needed for the provision of every basic service required.

In other words, the procedure for the recognition of building assimilated to the outside planning situation requires drafting a set of technical construction documents, and not just a certificate of antiquity.

Architect Daniel Trujillano
http://www.arquitectotrujillano.com/legalization/home.html
Legalization Documents for Buildings in Andalusia

Buildings Assimilated to the Outside Planning Regime (I)

Properties Assimilated to the Outside Planning Regime (I)

Particularized Recognition. Resolution and Consequences.

The Andalusian Urban Discipline Regulations specify that the works, installations, facilities and buildings made in breach of the Urban Planning regulations, for which is no longer possible to adopt measures for protecting and restoring the legality, because of the time elapsed, become Assimilated to the Outside Planning Regime. In this situation, the registration of the building in the Property Registry requires that the competent authority, ex officio or upon request, provides the Particularized Recognition of the situation. The administrative procedure for obtaining the resolution of Assimilated to the Outside Planning Situation is not compulsory and is subject to the payment of a fee.

Consequences of the Particularized Recognition

Although obtaining the Particularized Recognition of Assimilated to the Outside Planning Regime does not mean the legalization of the performed works, it does involve at least one official recognition about the following circumstances:

• the very existence of the building
• the absence of any punitive proceedings
• the legal impossibility of adopting any measure involving the restoration of the disturbed legal order or the replacement of the altered physical reality
• the location outside any special protection un-developable land, outside the Area of Shoreline Influence, and outside areas for public facilities
• the location on a land without risk of erosion, landslides, floods or other natural or artificial risks.

Title Deeds and Particularized Recognition

The granting of the Title Deeds does not require to provide the Particularized Recognition of Building Assimilated to the Outside Planning Situation. The particularized administrative resolution can be obtained afterwards.

Resolution and Administrative Silence

The administrative procedure needed for obtaining the Recognition of Assimilated to the Outside Planning Situation can result in a refusal. In addition, the administrative silence is, in these cases, negative.

Architect Daniel Trujillano
http://www.arquitectotrujillano.com/legalization/home.html
Legalization Documents for Buildings in Andalusia