Buying In The Countryside
Once upon a time, easy questions about building had their corresponding easy answers. Rampant illegal building, local kick backs and scandal led the regional Andalusian government to declare a limited moratorium on building in the countryside. Rural building laws have changed and will inevitably change again - but no one knows when.
Be wary of false claims and agent's promises of what is permitted. Get everything in writing from realtors and the town hall alike. Before purchasing a plot, whether in a village, city or in the country, you must see all the paperwork, have a qualified lawyer or gestor review it and assure you that all is in order. You must ALWAYS double check with the town hall. Take nothing for granted.
When buying a property in the countryside confirm that the construction has been legally declared and registered. If the building was illegally constructed, make sure the fines have been paid. Not all houses in the countryside are deemed habitable, some are viewed as agrarian work sheds, again consult the town hall.
Each municipality seems to be applying the law as they see fit. Some areas are more lenient, others are harsher in their restrictions or the penalties they impose. It is up to you to be fully informed prior to purchase. If you are given the go ahead to build, immediately apply for the permit. If you do not intend to build right away, you can always apply for an extension.
A handy rule of thumb is that if the plot has a pre-existing structure you will in all likelihood be allowed to remodel or rebuild a structure of the same meterage. Some areas only allow for one floor constructions, even the placement of windows overlooking neighbour's gardens is a factor.
There are many considerations to keep in mind, so know before you go, is definitely the way to do it.
The attitude towards illegal builds is noticeably less tolerant and permits for building new homes in the country have drastically decreased. Wooden houses and caravans, once permitted, are now viewed as permanent dwellings. When you hook up water and electricity to a structure it is viewed as permanent.
All this said, some people get away with building or residing in illegal homes, BUT others face steep fines and tedious red tape.
Don't forget to:
Set your budget limit and stick to it.
See the paperwork and assure that the plot may be completely fenced in, make sure there are no ancestral rights of way, community roads, or shared amenities such as water.
Make sure the plot has its own individual deed and has not been subdivided between a group of landowners as an indivisible plot. In this case what is yours is theirs and vice versa, including outstanding debts.
Make sure the building you are buying has been legally declared and if it hasn't the price should reflect this. Keep in mind that if the structure is illegal, there may be a nasty fine waiting to be collected. Ask to see all the paperwork.
Find out where the electricity and water hook ups are located and if the current owner has paid his share of community costs e.g. split costs for the construction or maintenance of private roads/light posts/water reserves. In the case of a well, you may want to have the water tested (this can be done at many pharmacies.)
Visit the property at least twice before you make a decision. During the week go in the afternoon; during the weekend go on a Saturday or Sunday morning. That way you can see the orientation of the sun and the noise levels of the neighbours, traffic and local dogs.
If you are having doubts or are unsure about a property - don't be pressured:
Have a builder or architect examine the structure of the building.
Talk to your prospective neighbours about the area.
Take photos and go home and have a think.
Who grants planning permission?
The local municipal town halls in accordance with regional statutes. The town halls have meetings in which the proposals are reviewed and decided upon. This means that the ease of obtaining a building permit (licencia / permiso de obra) varies depending on the municipality.
What do I need to take?
Patience and your NIE number, either a working knowledge of Spanish or a reliable liaison to serve as a go between. This can be a solicitor, a gestor or a member of the local community with know-how.
How much do building permits cost?
Four to five per cent of the declared construction costs.
How long does it take to be granted?
It can take up to six months; this is where a good local contact can come in handy.
Is it difficult?
No, but it is time and energy consuming. Every town hall runs by a different set of rules. For every restriction, there is a loop hole. You have to be determined, patient and diplomatic. You may have to register as a farmer, or build a stable en lieu of a guest house, or for the braver of heart go ahead and do it your way, sans permit. Be warned that taking the road less travelled can be very windy.