Regularization of Illegal Buildings in Andalusia

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

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.

Architect Daniel Trujillano

http://www.arquitectotrujillano.com/legalization/home.html

Legalization of Buildings in Andalusia

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