Buying a rural property Malaga region
Feb 26th 2019, 1:46 pm
#1
Just Joined
Thread Starter
Joined: Feb 2013
Location: Duquesa, Malaga, Spain
Posts: 23
Buying a rural property Malaga region
Hello,
I have done months of endless research and my head is constantly spinning! I thought I had a fair understanding of what was required and was checking to see if the house had either -
a First occupation licence - Licencia de primera ocupacion or Certificate of Habitation - Cedula de habitabilidad...
Or
a DAFO/AFO/SAFO - Asimilado al Fuera de Ordination
One of the other I believe is required for the house to either be legal or accepted......and required for a mortgage.
We've found a house that we like. The private owner has sent me a copy of the escritura of the house and an architect's report called a 'Certificado de vivienda unifamiliar'. The house has mains electric, they pay IBI and have access to community water...
The owner (as they would) is telling me this is enough - is it?
We will be hiring a conveyancer etc all in due course but if anyone could help with any insight just now that would be extremely helpful!
Thanks
Emma
I have done months of endless research and my head is constantly spinning! I thought I had a fair understanding of what was required and was checking to see if the house had either -
a First occupation licence - Licencia de primera ocupacion or Certificate of Habitation - Cedula de habitabilidad...
Or
a DAFO/AFO/SAFO - Asimilado al Fuera de Ordination
One of the other I believe is required for the house to either be legal or accepted......and required for a mortgage.
We've found a house that we like. The private owner has sent me a copy of the escritura of the house and an architect's report called a 'Certificado de vivienda unifamiliar'. The house has mains electric, they pay IBI and have access to community water...
The owner (as they would) is telling me this is enough - is it?
We will be hiring a conveyancer etc all in due course but if anyone could help with any insight just now that would be extremely helpful!
Thanks
Emma
Feb 26th 2019, 4:16 pm
#2
Joined: Jun 2006
Location: Granada Costa
Posts: 10,899
Re: Buying a rural property Malaga region
If it does not have a Cedula de Habilitad and is not a very old property, don't go anywhere near it.
Having a DAFO means the house is illegal, but acceptable and cannot be demolished. If you buy a house with a DAFO you will never be able to modify it or add to it.
Useful site here https://soha.es/what-is-dafo/
It's a minefield, but sadly, many houses in the Campo were built without the correct permissions.
I built a house in the Campo in Granada province in 2002 and the paperwork was a massive challenge and expense (which is why most people did not bother). A few months after it was finished, they changed the law in Andalucia which now makes it almost impossible to build a Campo house unless you have a huge plot and are registered as a productive farmer. In our large valley there has only been one legal house built in the last 17 years.
Having a DAFO means the house is illegal, but acceptable and cannot be demolished. If you buy a house with a DAFO you will never be able to modify it or add to it.
Useful site here https://soha.es/what-is-dafo/
It's a minefield, but sadly, many houses in the Campo were built without the correct permissions.
I built a house in the Campo in Granada province in 2002 and the paperwork was a massive challenge and expense (which is why most people did not bother). A few months after it was finished, they changed the law in Andalucia which now makes it almost impossible to build a Campo house unless you have a huge plot and are registered as a productive farmer. In our large valley there has only been one legal house built in the last 17 years.
Feb 26th 2019, 5:30 pm
#3
Banned
Joined: Feb 2019
Posts: 19
Re: Buying a rural property Malaga region
Go see a lawyer
Feb 27th 2019, 8:11 am
#4
Just Joined
Thread Starter
Joined: Feb 2013
Location: Duquesa, Malaga, Spain
Posts: 23
Re: Buying a rural property Malaga region
Thanks Fred.
I'm completely up-to-date with what a DAFO is.......it may be what we end up doing alongside a seller
But for this house it is (as they will all be) complicated.
I've a little more info;
The land was bought in 1976
It was built on in February 2007 and the house was made legal and added to the land/property registry - it has a declaration de obra nueva
So the house is 'legal'
The Ley del Suelo that came in May 2007 states that to get a DON you need a certificate of habitation.....this house was declared in February 2007 when a certificate of habitation wasn't needed to add a house to the registry...
It has urban on the IBI as well...not rural...am researching if this means anything
I've had feedback from 1 lawyer already who is saying that its fine because it states urban on the IBI and has the D.O.N but I am still not sure
So please don't worry if its all too complicated...I'm just sounding things out just in case anyone knows!
I'm completely up-to-date with what a DAFO is.......it may be what we end up doing alongside a seller
But for this house it is (as they will all be) complicated.
I've a little more info;
The land was bought in 1976
It was built on in February 2007 and the house was made legal and added to the land/property registry - it has a declaration de obra nueva
So the house is 'legal'
The Ley del Suelo that came in May 2007 states that to get a DON you need a certificate of habitation.....this house was declared in February 2007 when a certificate of habitation wasn't needed to add a house to the registry...
It has urban on the IBI as well...not rural...am researching if this means anything
I've had feedback from 1 lawyer already who is saying that its fine because it states urban on the IBI and has the D.O.N but I am still not sure
So please don't worry if its all too complicated...I'm just sounding things out just in case anyone knows!
