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Archives for 27 April 2021

What is an AFO

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What is an AFO Certificate?

Do I need an AFO an explanation:

what is the AFO certificate? is a very common question that keeps coming up.

If a rustic property has no first occupation licence or habitation license then your lawyer will probably request an AFO “Asimilado Fuera de Ordenación”

The passing of Decree 2/2012 by the Junta de Andalucía http://www.juntadeandalucia.es/boja/2012/19/3?lr=lang_es which was intended to regularize and recognize the situation of the properties located on land designated as rustic land (suelo no urbanizable).

The AFO by means of an administrative certificate states the legal situation of the property.

We need to clarify that this certificate is only applicable to properties situated on rustic land. Though there is a similar process for urban properties with no first occupation licence.

Further to the passing of the above Decree, all the different town halls have drawn up their own regulations for the issuing of this AFO certificate and the tax to pay to obtain the AFO However, the drawing up of the regulations has taken longer than they thought. At the moment, most town halls are in a position to deal with the requests received for an AFO certifícate. Some are still not on top of the situation such as Monda. Cartama was very behind as well.

The tax to pay to obtain this AFO certificate varies depending on the town halls in question, and the difference can be important depending on the municipality where the property is located.

To request this AFO certificate from the town hall, you have to present a certificate issued by a qualified technician, after he has visited the property in question, measured it, and obtained confirmation about certain technical issues related to the property.

How to apply for an AFO

Owners of the property need to apply for the certificate at their local Town Hall either in person or through a lawyer.

For houses already on the market, the application process needs to be started as soon as possible.

Alternatively, the process can be started once a buyer has been found however this may delay completion of the sale quite significantly and the speed with which certificates are issued depends on the area in which the vendor lives.

The first step involves employing an architect to visit the property to:

  • Produce comprehensive plans of the property.
  • Confirm that the property is habitable with a functioning bathroom and kitchen.
  • Confirm that the property has legal electricity and water connections.
  • Confirm that the property has proper waste disposal for sewage – a septic tank not a ‘black hole’ or ‘pozo negro’.

This information is then submitted to the Town Hall along with documents including a copy of the:

  • Escritura,
  • Catastro plans,
  • latest IBI bill (paid)
  • NIE certificates.

To summarize, the content of this AFO certificate implies the following:

– Confirmation that there are no administrative files on the part of the town hall against the construction (or any sanctions or demolition requests for that matter)

– Confirmation that any possible town planning irregularities that may have been incurred have already prescribed.

– Confirmation that the construction complies with the minimum requirements established as far as habitability and health conditions are concerned.

– Confirmation on the kind of works that can be carried out at the property: Only renovation works. In no case extension or structural works.

-Confirmation that the land is not protected.

Actually, this AFO Certificate does not change the legal situation of the property or add any extra rights to the existing ones. That is to say, the construction which complies with the above and is duly registered, does not become “more legal” by obtaining this document. However, this document will be from now on the written confirmation by the town hall in relation to the situation of properties on rustic land.

Furthermore, utility companies (water and electricity) are requesting this AFO document when receiving applications for connections and similar procedures. Likewise, should a license to carry out renovation works on an existing property be applied for, the town halls are also requesting to see the AFO certificate before they can issue the requested license.

Basic Rules in Andalucia on rustic land

1. It is not possible To build homes unless the intention is to engage in agricultural or livestock-farming activities in a professional capacity on the parcel.

2. Existing buildings may not be expanded and/or remodelled, both inside and outside. People have to purchase what is already built and no changes are legally allowed.

3. It is permitted to build with the intention to operate rural accommodation or a bed & breakfast, but it is necessary to carry out a preliminary operational project – called in Proyecto de Actuación -, that the Government of Andalusia must approve. This procedure can take over 6 months and it is difficult to obtain a positive response from the Regional Government.

4. It is necessary to take into account that most homes currently sold in the Andalusian countryside are illegal or irregular, i.e. if the authorities had done their work, they should not have allowed construction and, therefore, they should not exist.

The case is that, for most buildings, it is not possible to start any penalty procedures against buildings built without a licence or with an illegal licence on non-development land due to the time elapsed.

This means that legal responsibility is time-barred since over six years have elapsed since the end of construction. When we refer to non-development land with any special protection, the period of six years does not apply.

For Legal information on the above or a specific property please contact your Lawyer. if you are looking for a Lawyer experienced in these matters you can contact Francisco Gomez from Gomez Abogados  http://www.gomez-abogados.com/

What is a Finca?

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What is a Finca?

what is a fincaWhen buying a house on the Costa del Sol you need to know what a Finca property is. The Spanish name “Finca” applies to a  type of real estate built on rustic land. Not urban, which is dedicated to agricultural production.

Fincas are usually located on a piece of farming land with a  house.  In some cases with surrounding sheds or stables.

The name Finca is common in Spain.  If the Finca is very old, it may not appear in the title deed.

Originally for agricultural production or for livestock, many of these farms are now simply recreational spaces. They are used as vacation or weekend properties for people who live permanently in the city. Who seek the tranquillity of the rural environment from time to time.

These farms dedicate much more space to habitable constructions such as barns and equipment sheds.  More modern Fincas can also have swimming pools or converted water deposits.

Quite often a traditional Finca property may have been converted into an upmarket family property purely for recreational purposes.

In the English language, a “Finca” has (especially within tourism) recently taken the meaning of a home in the country. Although generically translated as “farm”, Finca can refer to both a large, luxurious country estate as well as a small rural property or plot of land, all of which are often sought after by foreign buyers.

Why Do People Buy A “Finca”?

There are many reasons why Spanish and foreign buyers decide to buy a Finca property. A Finca offers peace and a reprieve from the hustle and bustle along with the coastal and city areas of Spain.

People who like animals often prefer to have space and the freedom to keep pets. Other people enjoy growing their own fruit and vegetables.

When considering whether towhat is a finca buy a Finca property near the Costa del Sol, you may be someone who wants the best of both worlds. The energetic life of the city or coast when you feel like it and alternatively the quiet rustic peace away from it all in your own home comfort.

What To Look Out For When Buying?

Since most Fincas is located off the busy areas, they are not well connected in terms of public transport. Owning a car to get around is therefore advisable.

Some of these rural properties are not connected to the city’s main water or electricity supplies.

Most of them do have their own well, but if you want to buy a rustic property, you should make local enquiries about the domestic supply of water, electricity and telephone connection.

Most Fincas have been built since long before building restrictions and rules were created, and may therefore not have proper documentation.

When looking into buying a property, you should ask for the official registration documents.

An AFO, DAFO or SAFO may be required in most circumstances to ensure the buildings are registered correctly. Find out more here: https://propertyinspaingroup.com/what-is-an-afo

Always use a reputable lawyer who is experienced in Country properties when buying a Finca. Each area Townhall has its own local bylaws. We recommend http://www.gomez-abogados.com/

Real estate agent in Spain

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7 signs that you have picked the Right Real Estate Agent

real estate agent in spain

The Right Real Estate Agent

Buying or selling a home can be a complicated and stressful experience. There can be a lot of moving parts involved that may come as a surprise to people who have never been through the process before. This is why having a great real estate agent is critical.

Picking the right real estate in Spain isn’t always easy, but you’ll definitely know if you’ve picked the right one for you.

Here are seven signs that you’ve made a great decision in picking your real estate agent:

1.You like being around them 

You don’t have to be head over heels in love with your real estate agent in Spain, but you need to at least enjoy being around him or her as you will spend a lot of time communicating with your agent, so the relationship needs to be a good one to help make the experience as painless as possible.

There’s nothing worse than dealing with a person who you don’t like being around, especially if the going gets rough. If you don’t cringe at the sound of your agent’s voice then you might have found the right one.

2.They’re responsive andProperty in Spain group available 

This point is non-negotiable. A good real estate agent will make themselves available to you and won’t leave you hanging when you’re waiting for a response.

If your agent is leaving you feeling like a spurned date, they’re doing something wrong. The right agent understands how important and serious a real estate transaction is, and will always make sure to make your needs a priority.

3.They’ve asked you to get pre-approved 

If you’re a buyer and you haven’t spoken with a mortgage professional before going out and looking at houses, a good real estate agent will ask you to.

It might be frustrating if you don’t understand the reasons why, but a good agent knows that it’s for your own benefit just as much as theirs. There are a number of important things you might find out by going through the pre-approval process, many of which you should know before spending any of your time searching for a home.

A good agent knows this and wants you to know as well.

real estate agent in spain4.They’re proactive and not just reactive 

This is one indicator that will set the right agent apart from everyone else. The right agent will not just go through the motions, they will be proactive in helping you identify and find the right solutions. For instance, instead of just sitting back and waiting for you to send properties you might have come across, a great agent is always on the hunt for the ideal property for you and will communicate and suggest things that you might never have considered before.

Being proactive is a mark of a true real estate professional.

5.They’re honest with you, even when it hurts 

Just like honesty is important in a romantic relationship, so is honesty in a real estate relationship.

The right agent will tell you the truth when you need to hear it, even if it’s inconvenient for them. It takes a lot of guts to be honest with someone when it might cost you money, but it’s also an ethical imperative, and a great agent will always put their own character, honesty, and integrity ahead of making a buck.

And if they have to tell you the harsh truth that what you’re looking for is impossible, the right agent will do that too.

6.They don’t give up easily

buying process in Spain

A real estate transaction rarely goes off without a hitch these days, and sometimes it feels like the universe is conspiring to keep you from buying or selling a home.

But it’s much easier to throw your hands in the air and say “I give up,” or “Someone else can figure this out,” than it is to buckle down and come up with a solution.

The right agent doesn’t give up and will uncover a way to keep things moving, even it takes some creativity. The right agent fights for you and doesn’t throw in the towel after getting jabbed.

7.They want to build a relationship 

One of the best signs that you’ve picked the right agent actually occurs either before or after you work with them on a deal.

Even though real estate is transactional, the best agents look to build a relationship with their clients instead of just working with them on a deal and then disappearing.

If your agent stays in touch, presents themselves as a constant resource, and is in it with you for the long haul, then you’ve definitely found the right one for you.

The buying process: https://propertyinspaingroup.com/buying-process-in-spain/

 

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