How many times have we asked ourselves the
following question: If I own some land in the countryside, why am I not allowed
to build what I choose on this land?
for in the Legislation de la Comunidad
Autónoma de Andalucía. This helps detail what is possible when it comes to building in the Spanish countryside (building in the Spanish campo).
is to ensure the continued sustainable and united development of urban areas which
are socially economic, cultural and already have basic facilities like roads,
water and electricity in place, and to protect the areas of countryside to guarantee
a better way of life in Andalusia. The Comunidad
Autónoma de Andalucía wants to avoid the growth of widely-dispersed
properties in the countryside where basic services like roads, water and
electricity are not available, and where the cost of installing these services
is too great. Obviously it is more practical to improve upon or maintain services
within an already established urban area.
permitted in non urban areas (known locally as the “campo”). Principally, this
type of land is limited to agricultural use, the keeping of livestock, forestation,
and for the use of hunting.
be linked to the above-mentioned uses and prior to carrying out any form of
construction (ie barns, stables, storehouses) the appropriate licences or
authorisations must be obtained from the relevant authorities. In order to be
granted authorisation you must validate the necessary use/construction.
segregated unless it is to be designated for agricultural use, the keeping of
livestock, forestation, hunting, or that which fulfils the current law’s
limitations. These limitations can vary
depending on the type of land, whether it will be irrigated or not, or it can
depend on the local area where the land is situated.
farmhouse or family dwelling to be constructed in these areas. However in order
to construct such a dwelling, it must fall within the following stipulations:
–
The
land on which it is built must be used for agricultural use, forestation or for
the keeping of livestock. You are required to prepare a “Proyecto de Actuación” validating said use and proving that you
have sufficient land required to undertake such activity.
–
There
will be a maximum build size within which the property must remain. You would
not be permitted to build a property to any size or height that you desire.
–
You
must also prove that your profession will be in association with one of the
above activities, ie that you are a farmer and that you will be able to run and
maintain such a profession. You must also be registered as a resident with the
local Town Hall.
Other types of permitted activities on this
type of land are the conservation or renovation of existing buildings or
ruins. The renovation of these types of
buildings is somewhat limited, however not prohibited.
Lastly, further permitted are any constructions
or works that are of public interest, ie the implementation of infrastructures
or services (roads, petrol stations or prisons etc) or temporary buildings of
public interest such as restaurants or rural hotels.
In conclusion, the legislations that the ayuntamientos (Towns Halls) have in
place to regularise the types of activities allowed in the campo are to ensure the preservation of the natural areas, avoid
the formation of widely-dispersed areas of population in the countryside and to
secure the possibility of infrastructure and areas of public interest.
Any persons who own land in the campo and who wish to construct or
renovate a property must obtain the necessary licences from the authorities and
they must be able to prove that their planned activity is in connection with
agricultural use, forestation or the keeping of livestock. As you can see, there are many restrictions
in place and the circumstances are very limited.
To make an appointment for a private consultation, please contact us at De Cotta Law, De Cotta McKenna & Santafé on:
Tel.: +34 952 931 781
Fax: +34 952 933 547