If you’re property-hunting and buying in Andalucia region, the chances are you have or will come across people talking about AFOs. So we wanted to explain our understanding of what this is.
AFO stands for ‘asimilado a fuera de ordenación‘
It basically means this is a process for assimilating a property built without the required licences into the mainstream housing stock. Or in other words, accepting and officially recognising illegally built properties that aren’t listed in the land register, and/or classed as a house to live in.
The popularity of Spain as a destination for holidays and permanent residency, especially southern areas with lots of sun and beautiful rural landscapes, created a major demand for properties. This included areas where the authorities had promoted themselves fairly aggressively as the new up and coming place to be for incomers and Spanish nationals. Unfortunately this led to highly questionable practices and permissions granted for developments by the town halls, including for whole housing estates/villa complexes, which weren’t in accordance with Spanish laws, on ‘rustic’ (rural) land which wasn’t zoned for development.
As these houses were effectively illegal builds, many weren’t connected to or they couldn’t be connected to mains services (water, sewerage, electricity). Buyers were duped into thinking this was a temporary problem that would soon be sorted out. It wasn’t. These properties often didn’t even appear on the Spanish catastral maps. They were ghost properties as far as the official land register was concerned even though people were already living in them.
There are also many situations where structures were originally built as workshops to work the land (almacen, casita, nave) with basic facilities for temporary use, like a bathroom supplied by water tank and basic kitchenette, so owners could camp there and work the land for a few days / over the course of a weekend for example. These structures were (and still are) developed by owners into larger houses (using extensions) and lived in permanently despite them still being classed as workshops on the land registry. There are still very many of these around and for sale.
You can still buy and sell illegally built ‘houses’ or permanently occupied naves and the Spanish people fairly readily accept this as part of the way things are.
In 2012 the Spanish government implemented a process by which illegal properties and workshops that are lived in could be effectively recognised and brought into the mainstream housing stock. The AFO (Asimilado a fuera de ordenación). This process gave an authorisation that the properties were recognised officially as dwellings for residential use.
The AFO requires a certain number of key criteria to be satisfied such as appropriate arrangements for water and sewerage that makes the property fit for habitation. It also allows the properties to be connected to mains services where these services exist. The houses also start paying property tax (IBI) to the town halls for the mains and other services the local authorities are providing (if they aren’t already registered).
Properties built before 1975 are exempt from needing AFOs.
So what should you look for when buying?
- The property has an Escritura – an “escritura” (often referred to as “escritura pública”) is a notarized deed and a legal written record, that is signed, sealed, and witnessed by a public notary. It’s a crucial document that acts as proof of ownership.
- The property has a Nota Simple – a basic extract from the Land Registry, providing a summary of a property’s legal status. It will include details of ownership (the parties who own all or part of the property), property description, possibly boundaries, and any existing charges (like debts) or other covenants on usage. The Nota Simple should include a description like ‘vivienda‘ or vivienda unifamiliar‘ – single family dwelling – to show that it is a house and not a workshop, barn or other non-residential structure.
- The property has a Catastral Plot reference on the Spanish online land registry map
- The Catastral plot map shows a structure or structures outlined within that plot of land and the classification of the structure or land. This should include that the ‘house’ is classed as a vivienda. Land use will also be recorded.
- The property is connected to mains services if they exist in that location
- The property is registered for IBI (local property tax)
A rural property which is classed as a vivienda is a legal dwelling and does not technically need an AFO, but there are advantages and disadvantages of having one which should be weighed up. The advantages and disadvantages are really mirror images of each other.
What are the advantages of an AFO?
Protection from challenge
Having an AFO means a historic property built illegally in urban areas or in rustic (rural) land is fully ‘normalised’ in law so cannot be challenged or demolished. It’s a wrapper put around the property to give it protection.
This is especially important where the property was built in areas like national parks.
Some regions have very long ‘time out’ periods for challenging illegal builds. It varies widely – for example in Valencia it’s 15 years compared to just 6 years in Almeria. In some areas we understand that illegal builds will never time out so you would always be at the risk of having your home demolished if someone complains about it. In rural areas there is usually no problem if the structure has been there for a long time, isn’t encroaching on anyone else’s land, is properly maintained and the people living there are not causing any nuisance.
Lending & borrowing
It also makes a property more attractive to mortgage lenders, making a bigger pool of buyers.
Are there any disadvantages?
Yes (1). Once a property has an AFO, it fixes the property ‘as is’ in perpetuity.
Once an AFO is in place, we understand that you cannot add to the property or build any extra permanent structures – eg brick or block built with concrete foundations, such as stables, porches, extensions for extra bedrooms/living space, workshops, car ports, dog kennels or swimming pools. Once an AFO is in place the property ‘is what it is’ and the only thing you can do is maintain it. This is a major obstacle to anyone who sees their ‘dream house’ in a dream location but wants to add say a big garage or an extra bedroom. The AFO effectively forbids any other development.
Yes (2) – increased house prices
Adding an AFO makes the property more attractive to mortgage lenders so owners are able to demand higher prices. If you’re a cash buyer this makes your money go less far.
A note about current building in rustic land
Each autonomous community and each province can have widely different rules for building in rustic (rural) land. Some communities are more generous and others are more strict. Generally speaking, the following is true:
- you cannot redevelop or renovate a ruin despite an existing footprint on the land. ‘Ruin’ is generally taken to mean that the roof or part of the roof of the main house and/or directly adjoining barns has fallen in. Be VERY wary of anyone who tells you such things can be rebuilt, because usually they cannot.
- you cannot usually be permitted to build a new house to live in, except in exceptional circumstances (including wood houses).
- permanent structures may be permitted by local authorities but usually where need can be justified to work the land and are connected with agriculture or forestry. They also must usually be standalone structures which are not attached to the main residential property.
- In-ground swimming pools are not considered as structures for working the land and therefore not usually permitted as a later addition to an already built country property. Above ground pools are permitted as these are considered temporary and removable.
- Installing solar panels is usually permitted for domestic use and for supplying electricity for irrigation pumps etc. Check with your local authority before installing them – as the town hall must approve the installation and will charge an administration fee/tax on the value of the invoice.
Casa roja almeria 