Rules for the Valuation of Properties According ECO/805/2003 (IV)

Valuation Rules According ECO/805/2003 (IV)

Floor Areas used in the Valuation of a Property

In general, the floor area that must be used in order to calculate the value of a building in Spain is the floor area as checked by the valuer. However, the particular circumstances of a building may require using other floor areas:

• if it's not possible to check the floor area on-site, the area to use will be the lowest between the floor areas considered by the Cadastre and the Property Registry
• if it was possible only to check the Gross Floor Area or the Gross Internal Area without the floor area of the common parts, due to operational difficulties involved in checking all the floor area of the common parts, the area to use will also be the lowest one between the cadastral floor area and registry floor area with common parts, provided that the valuer considers that the proportion between the floor area finally used and the checked one is reasonable
• if the checked floor area of a building exceeds by more than 5 percent to the registry floor area or to the cadastral floor area, the adoption of the checked floor area will require to verify the adequacy to the applicable urban planning regulations
• if the checked floor area of an element of a building exceeds by more than 10 percent to the registry floor area or the cadastral floor area, the adoption of the checked floor area will require to verify the adequacy to the urban planning regulations
• if the building lacks of Statement of New Building entered in the Property Registry, the adoption of the checked floor area will also require to verify the adequacy to the urban planning regulations
• if the floor area of the private outdoor spaces for the exclusive use of the building exceeds by more than 15 percent of the total floor area thereof, the floor area of the outdoor spaces shall be measured separately and valued with a different unit price
• in the valuation of homes subject to public protection, for the purposes of calculating their maximum legal value, the floor area that should be adopted is the one contained in the Certificate of Qualification.

Architect Daniel Trujillano

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

Valuation Reports for Buildings in Spain

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 and Occupation in Andalusia (II)

The Occupation of Legalized Buildings in Andalusia (II)

Occupation License for Expired Buildings that do not Require Adaptation Works

The Urban Discipline Regulations in Andalusia (RDUA) provide the documentation needed for obtaining an Occupation or Utilization License for buildings with expired deadline for the adoption of measures to protect the urban legality. If the building with expired deadline does not require the performance of any building works for the adaptation to the intended use, the documentation required for obtaining the Occupation or Utilization License depends on whether the works comply or not with the urban planning regulations.

Prescribed Building Works that Comply with the Urban Planning

If the building works conform to the urban regulations, the document needed for obtaining the Occupation or Utilization License shall be a Descriptive and Graphic Certificate stating:

• the date of completion of the works
• review about the condition of the building and of its installations
• accreditation about the fitness of the property for the contemplated purpose
• cadastral and registry identification (if applicable)
• current urban conditions
• documentation attesting the correct operation of the installations
• where applicable, certification by the supplier companies about the feasibility of the access to all building installations, without the need of new works.

In this case, the granting of the Occupation or Utilization License will involve a simultaneous recognition of legalization by prescription.

Prescribed Building Works that do not Comply with the Urban Planning

If the works do not conform to the urban planning regulations (in any case, the use must be in accordance with the urban planning) the documentation needed for obtaining the Occupation or Utilization License shall be:

• statement of the Situation of Assimilated to Outside Planning (SAFO)
• review about the condition of the building
• description of the operation of the installations, including certification by the supplier companies.

In this case, the granting of the Occupation or Utilization License will involve the simultaneous recognition of the declaration of SAFO.

Architect Daniel Trujillano

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

Legalization Documents for Building Works in Andalusia

Legalization and Occupation in Andalusia (I)

The Occupation of Legalized Buildings in Andalusia (I)

Legalization Projects and Occupation Licenses

In Andalusia, when the building works finish, whether with a granted building permit or not, upon completion it will be necessary to obtain an administrative approval for the occupancy and/or utilization, bound for the intended use of the building. Such approval will be formalized by an Occupation License if the building use is residential, and by an Utilization License in the case of any other building use.

Occupation or Utilization License for Buildings with a Building Permit

If the building works are performed counting with a granted building permit, the granting of the Occupation or Utilization License will require to verify that the finished works comply with the terms of the building permit, so it will be necessary to submit the following documents:

• a Statement about the Conformity of the works with the Construction Documents
• documents attesting the functionality of the installations
• the Final Performance Certificate, attesting the completion of the works.

If it turns out that the performed works don't comply with the terms of the granted building permit, the granting of the Occupation or Utilization License will require the prior (or simultaneous) legalization of the performed works, or the replacement of the altered physical reality.

Occupation or Utilization License for Buildings without a Building Permit

The legalization of building works performed without a building permit or breaking the conditions of a granted building permit, restores the disturbed legal order, for the sake of its substitute character of the building permit, but it does not provide for itself the licensing of the occupation or utilization, which will have to be the subject of further administrative actions. In fact, the legalization of a building does not even require that the works are completed, contrary to what happens with the occupation. The application of an Occupation or Utilization License is also required for completed buildings recognized in Situation of Assimilated to Outside Planning (SAFO).

Compliance with Urban Planning

The verification of the compliance with the Urban Planning regulations is not an attribution of the Occupation or Utilization License, but obtaining an Occupation or Utilization License for completed parties which are technically and functionally independent of the rest requires that these parties comply with the Urban Planning regulations and that the rest of the building shows no significant disagreements.

Architect Daniel Trujillano

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

Legalization Projects for Building Works 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