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PROPERTY

How you can now build your dream home on rural land in Spain’s Andalusia 

Authorities in the southern Spanish region are opening up the possibility of building detached two-floor homes, container homes and other types of property on rural land, something that hasn’t been allowed until now. 

build rural land andalucia
Andalusia, together with Extremadura, are the only regions where you can build on rústico land in Spain. Photo: Q K from Pixabay

In Spain land is distributed into three categories: urbano, urbanizable and rústico.

Urbano land has official municipal accreditation for residential properties to be built on it, urbanizable is theoretically meant for residential purposes but needs accreditation and often isn’t connected to the water, sewage or electricity grid yet, and rústico is rural land where residential properties cannot be built, also called no urbanizable

When looking to buy a terreno (plot of land) in Spain with the intention of building on it, it’s essential you check on the cadastre what the plot you’re interested in is classified as. 

Otherwise, you may be bitterly disappointed to find out that the land you’ve bought in the Spanish countryside can only be used to plant olive trees.

This law has been problematic for many foreigners and locals in Spain who want to build a home from scratch, as many isolated plots far from other properties end up being rústico.

Fortunately for those in the southern region of Andalusia, and those intending to have a second home there, the laws are being changed to give more flexibility to prospective homeowners. 

Andalusia’s new land law will allow people to build homes of up to two floors on rústico (rural) land, as long as it doesn’t lead to the development of new settlements. 

The legislation will also help to regularise the situation of 300,000 properties built on rústico land across the region which up to now have been in a legal limbo, including the cave homes found in cities like Granada.

Each municipality will have the final say on how much space there must be between rural homes, but the Ley para el Fomento de la Sostenibilidad del Territorio de Andalucía (LISTA) legislation does state that rústico plots given the green light for construction must be very big, at least 2.5 hectares in size (25,000sqm). In forested areas, the requirement may be increased to 5 hectares.

As large as that may sound, there are rústico plots over 2.5 or 5 hectares on sale in Andalusia for as little as €10,000. 

rural land andalusia

An example of no urbanizable plots in the province of Jaén, as listed on Idealista.

Andalusia is after all the second biggest region in Spain in terms of surface area with 87,600 km², so there is plenty of space in el campo (the countryside). 

And non-buildable land is also generally considerably cheaper than urbano land, opening up the possibility for people to get some good deals. 

READ ALSO: A Spanish architect’s step-by-step guide to building a home in Spain

The legislation also stipulates that constructed houses must not be more than seven metres high (one or two floors)  and that structures must not exceed one percent of the plot in rural areas and 0.5 percent of the plot in forested areas.

As for water and electricity, the regulation establishes that “they must be guaranteed in an autonomous and environmentally sustainable way”, which suggests being off the grid with everything from solar panels, individual water storage tanks and off-grid sewage systems. 

It will also not be possible to level sloping land or change the topography of more than 30 percent of the plot.

Although this is evidently good news for people who want to build a house in rural Andalusia, regional authorities will require each person who is given a building permit to pay the municipality in question the equivalent of 15 percent of the total construction budget. It’s what they call in Spanish ‘una mordida’ (a bite), because this is Andalusian politics after all.

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For members

VISAS

Spain’s soon-to-end golden visa: Can I still apply and what if I have it already?

Last April, Spain's government said it intends to axe its property-based golden visa scheme, but is it too late still apply, how long does it take and what happens if you have the visa already? The Local spoke to an immigration lawyer to find out.

Spain's soon-to-end golden visa: Can I still apply and what if I have it already?

The golden visa programme, also known as the visado de residencia para inversores in Spanish, grants non-EU nationals residency in Spain when they buy a property in Spain worth €500,000. 

It can also be obtained by investing €1 million in shares in Spanish companies, or €2 million in government bonds, or having transferred €1 million to a Spanish bank account. 

In early April, Prime Minister Pedro Sánchez announced he was axing the property-based golden visa, although there’s no new law in place yet.

READ MORE: What the end of Spain’s golden visa means for foreigners

More recently the government’s junior coalition party Sumar had said that they have now filed an official bill in the hope they can scrap it as soon as possible.

Sumar spokesperson Íñigo Errejón told journalists that the visas are a privilege that must be scrapped “immediately” because they have an inflationary effect on the housing market.

All of this means that those still interested in still getting the visa are confused. They don’t know when the scheme will end, if they still have time to send in applications and what will happen to those who are already in the process of applying.

In order to help answer some of these pressing questions, The Local Spain contacted María Luisa De Castro from CostaLuz Lawyers in to find out more. 

Q: When will the Golden Visa scheme officially end?

A: “The exact date for the official end of the Golden Visa scheme has not been fully detailed yet. Initially, changes would be implemented in the near future, potentially within the next few months. Some optimists believe it might be a bluff by the government and that it may not be implemented after all.”

READ MORE: When will Spain’s golden visa scheme officially end?

Q: Has the process of applying changed?

A: “As of now, the process remains unchanged, so it’s exactly the same as before.”

Q: Can people still apply for now?

A: “Applications are still being accepted. However, given the recent announcement, it is advisable for prospective applicants to act swiftly.”

Q: What will happen if I’m in the middle of the application process?

A: “For those currently in the middle of the application process, their applications will still be processed under the existing rules. Once the new regulations come into effect, it will very likely come with some transitional provisions to handle ongoing applications.”

Q: What about those who want to invest instead of buy a property?

A: “The visa remains available for other investment options such as investments in companies, public debt, etc.”

Q: What if I already have the golden visa through property investment, will I be able to renew it in the future?

A: “Our opinion (and that is what we will defend) is that renewal rights are acquired when the visa is granted and therefore cannot be subsequently reduced, as this would constitute a retroactive limitation of individual rights. The Spanish Constitution prohibits retroactive application of laws that are not favourable or that restrict individual rights once they have been acquired.”

Q: How quickly can I get the golden visa?

A: This depends on where you apply from. According to the CostaLuz Lawyers, if you’re applying outside the countryYou should apply at least 90 days before you plan to travel to Spain”. If you’re inside Spain, you can apply through the Unidad de Grandes Empresas. This could take anywhere between 20 and 60 days.

CostaLuz Lawyers argue that it’s not necessary to wait until the property purchase has gone through, that you can apply with your initial contract or a statement from your bank in Spain, certifying that you have deposited at least €500,000.

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