How many meters are needed to build a house on rural land in Andalusia (Updated to the Law LISTA) 1

This article is updated with the new law floor rustic andalusia 2024, the regulation of the law LISTA of Andalusia Decree 550/2022, of 29 November, approving the General Regulations of the Law 7/2021, 1 December, the impetus for the sustainability of the territory of Andalusia.

This article it is confined only to the Decree 550/2022, November 29, approving the General Regulations of the Law 7/2021, 1 December, the impetus for the sustainability of the territory of Andalusia. This is important because there are several published articles that can lead to error at the time of your reading, since they talk about regulation that affects other territories (such as the galician) and that have no jurisdiction over the andalusian territory.

In the specific context for build on rural land in Andalusia, we immerse ourselves in a space where they converge tradition and architectural innovation. The region, with its diverse landscape and rich cultural heritage, challenges and unique opportunities for those interested in developing housing projects in the natural environment.

From the perspective of urban law, it is imperative to understand the complexity of rules that surrounds the building on rural land, seeking to harmonize the respect for nature with the aspirations housing of those who seek to establish themselves in this idyllic andalusian landscape.

This article aims to explore the intricate intersection between the rules of construction in rural land, the preservation of the rural environment and the realization of housing that reflect the architectural identity only in this vibrant region.

Establish a specific regulation for the construction in rural land is of fundamental relevance for a variety of reasons. In the first place, these environments are known to host sensitive ecosystems and landscapes of great environmental value, which require protection careful.

The legislation provides a legal framework to ensure that any development in these areas is done in a sustainable and respectful with the environment, minimizing the negative impact.

In addition, the regulation in this area seeks to balance the preservation of the rural character with the needs for housing society. When you set clear parameters, it promotes the orderly and consistent, avoiding the proliferation of random constructions that may affect the identity and the balance of these areas.

From the economic point of view, a standard well-conceived can promote investment and sustainable development in rural land, creating opportunities for the planning and implementation of projects that benefit both the residents and to the surrounding environment.

For all the above, have a policy for the construction in rural land stands as an essential tool to safeguard biodiversity, preserve the authenticity of these areas, and to facilitate a harmonious development that responds to contemporary needs without compromising the natural and cultural heritage.

Can you Build on rural Land?

Yes, in rustic land you can build but not in any way.

These are the requirements to build in ground rustic:

1. Must be compatible (i.e., not expressly prohibited) with the regime of rustic land, with the land management and urban planning, and legislation and sectoral planning that may be applied.
2. Not be able to induce the formation of new settlements, that is to say, to generate dynamics of land-use, or demands of infrastructure, services or collective.
3. Shall be bound to use that justifies its implementation, which shall be provided to such use, appropriate to the rural setting where they are located, in addition to considering its integration of landscape and optimize the equity already built.

But surely if you are reading this article, what you are thinking is building a house and you have doubts. Continue reading because it is important to be clear about these things before.

The first thing that we need to distinguish is between typical uses and uses extraordinary rustic land, for which:

Typical uses of rural land

Uses agricultural, livestock, forestry, hunting, mining, and any other linked to the rational use of natural resources that do not involve the transformation of their rustic nature.

Also, are the typical uses of the soil rustic linked to the hydraulic complex, renewable energies, for the promotion of projects of compensation and self-compensation of emissions, mining, infrastructure, water cycle, energy, and telecommunications and, in general, the execution of infrastructure, facilities and technical services, which necessarily need to run or be located in this kind of soil.

And it is understood that a use is linked to the rational use of natural resources when it necessarily requires of its implementation in rustic land for a use of regular resources available for exploitation.

Actions allowed within ordinary uses of rural land

Works, constructions, buildings, roads, infrastructures, facilities and technical services that are necessary for the normal functioning and development of the ordinary uses of the soil rustic (the booths tools of tillage, the ships intended for the storage of plant protection products and machinery, as well as those aimed at the installations that require the exploitation, the infrastructure irrigation, blocks, stables, dairies, porquerizas, pens, hives, trekking and other of similar nature), including those required by the complementary activities of first processing and marketing of raw materials generated in the same exploitation that contribute to the maintenance of the main activity (storage, handling, and packaging of products the primary sector and the industrial activities and craft that generate value from the raw materials obtained, so long as they serve exclusively to the exploitation that justifies its implementation and the surface of the building is linked does not exceed 2,500 square metres).

In addition to the general character of the surface of the buildings may not exceed 2% of the surface of the plot where there is exploitation.

Buildings residential use are necessary for the development of the typical uses, which shall be located in an estate meant for farming, livestock, forestry or other natural resources, and which is necessary for the activity that occurs on the same.

Which the activity constitutes a technical, economic and business or form part of an integrated set of units under the form of a group of companies, cooperatives or other forms of business management of a similar nature. The implementation of the housing is an investment in economically viable and callable in a given period, in relation to the income generated by the exploitation.

That the housing is intended to be the habitual residence of its occupants and is justified for functions of surveillance, assistance, management or control necessary for the development of the activities of the operation. Or in the case of residential structures in agricultural holdings for the accommodation of people who develop seasonal work, may only be considered as acting ordinary when you have a character of transient accommodation and is applied to the service of the agricultural holding which justifies its implementation, on the other hand, when the number of workers expected to be higher than 16 or for other purposes outside of the agricultural season would be considered a performance that is extraordinary.

And watch out, because the city Council may, before authorising the action, you must prove that you do not have solar social in urban land which supports the use of accommodation of nature rotating.

Proceedings extraordinary terrain rustic

Are the uses and actions of public or social interest that contribute to the management and development of the rural environment. As for example:

• The promoted by Public Administrations
• Envelopes are not provided for in the instruments of spatial planning or urban and that is necessary or convenient to their localization in soil rustic
• Have a strategic importance for the economic and social development of the municipality or that generate lasting, positive impacts on the economy and local employment
• Preserved and put in the value of historic heritage through the implementation of applications that will allow its maintenance, conservation and rehabilitation
• To help preserve and protect the natural spaces, to the enjoyment by the people, or to its knowledge and diffusion
• Diversify the local economy in a sustainable manner based on the green economy and circular or to prevent the depopulation of rural areas
• Uses and actions that are incompatible with the urban environment that involve the development of activities harmful, unhealthy, a nuisance or dangerous to the population.

Finally, as we saw with the performances ordinary, the extraordinary performances may have for its object the establishment of endowments, as well as industrial uses, tertiary, or tourist, and any others that need to be implemented in this kind of soil, including the works, constructions, buildings, roads, infrastructure and technical services necessary for their development.

Also may be permitted in conjunction buildings to residential use, and shall ensure proportionality and bonding between them and the extraordinary performances –> THIS IS THE ITEM THAT SPEAK OF THE ART. 22.2 OF THE LAW WAS ANNULLED BY JUDGMENT OF THE CONSTITUTIONAL COURT

Single-family homes on rural land

Authorisation may be granted for detached housing not linked to the performances, ordinary or extraordinary (which we've already seen), provided that it does not induce the formation of new settlements in accordance with the provisions of article 24 or prevent the normal development of ordinary uses of rural land.

IMPORTANT: housing will require prior authorization to the license, and must also comply with a number of parameters that we will discuss later.

How many Square Meters Can be built without a Project in rural land

According to state law of the land, the works of building, construction and deployment of installations of a new plant in soil rustic this will require planning permission, all remaining performances in the medium of administrative intervention that is appropriate, as provided for in articles 137 and 138 of the LISTA in Andalusia.

The license, or in your case the responsible declaration, enable the implementation of a particular use, and any modification of the same will require a prior authorization, if it involves the introduction of a performance that is extraordinary, and a new title, enabling.

And all of this summarized means that you have to go to your town hall to refer to that documentation you will be required to be able to do the action that you want but always have to ask license.

Metres Minimum to Build a Home on rural Land

As we have already said in rustic land may be permitted detached housing not linked to the performances ordinary or extraordinary. But the legislation establishes to us, not only a few square meters of land do I need for build a house in rural land, but what in addition, you must comply parameters and additional terms and conditions, as for example:

1. Do not allow more than a detached house plot neither the horizontal divisions, except for those with type of farm, ranch, or similar, completed prior to the entry into force of the Law 19/1975, may 2, evidencing the existence of that date, a use of a multi-family.
2. The plot must have a minimum surface area of 2.5 hectares and allow the path of a circle radius of 50 metres in your interior. The minimal surface when the parcel is located in forest land is 5 acres.
3. The housing must be located a distance of over 100 meters in respect of any other building for residential use.
4. The occupied area by building intended for housing shall not exceed one percent of the plot. In the rest of the surface will remain, in essence, the trees, the topography and the natural conditions of the land, unless it is necessary alteration to the implementation of actions ordinary. The surface of levelling, by clearing or earthworks, that are necessary for the execution of the building, not exceed 30% of the floor space it occupies.
5. The maximum area of land shall not exceed 1% of the surface area of the farm and the maximum height will be two plantswith the same pursuant to the provisions of the instruments of urban planning.
6. The building will have the conditions typological of a detached house, respecting a minimum distance of 25 metres to the edges of the plot.
7. The basic services that requires the housing should be guaranteed independently and preferably by installations for self-consumption with renewable energy sources. Exceptionally it will enable the supply through infrastructure networks when have the authorization relevant sector-specific and for this you only need the works of rush.
8. The building will be located outside the flood zone and when it is done on forest land should be guaranteed, the conditions of security of the population in case of fire and to comply with the conditions set forth in the forestry legislation.

As a final note, the construction of the house must be compatible with the development of typical uses in the same plot and may not involve the impossibility of realizing the buildings that these demandsaccording to the determinations of the spatial planning.

On the other hand, will not be allowable housing that hinder the development of the actions common in neighboring farms. For these purposes, you will hearing to the owners of neighboring farms to the object that they can enforce this circumstance during the processing of a prior authorization.

To legalize a home on rural land in Andalusia, it is important to follow certain steps and comply with the legal requirements set out by the regulations in force. Below, we detail the procedures and key considerations based on the Law of Momentum for the Sustainability of the Territory of Andalusia (LISTA) and other relevant sources:

How to Legalize a Home on rural land in Andalusia?

To legalize a home on rural land in Andalusia, it is important to follow certain steps and comply with the legal requirements set out by the regulations in force.

Below, we detail the procedures and key considerations based on the Law of Momentum for the Sustainability of the Territory of Andalusia (LISTA) and other relevant sources:

1. Obtain the Certificate AFO (Assimilated Out of Order)

The certificate AFO is essential to regularize homes built on undeveloped land. This certificate allows the building to be legally recognized, although it is not granted a license of full occupancy.

To obtain the AFO, the home must have at least six years old, not be affected by administrative records, and not be located in flood zones or special protection.

2. To comply with Legal Requirements

The housing must comply with the terms of safety, livability and health. In addition, it is necessary to carry out the works necessary to equip the building of basic services like water and electricity.

The legislation also requires that the homes will not lead to the formation of new urban settlements.

3. Registration in the Property Register

Once you have obtained the certificate AFO, the owners can enroll their property in the Property Register and give the necessary basic services.

4. Payment of Taxes and Fees

The owners should be prepared to pay municipal taxes associated with the regularization of the property, which may include a compensatory benefit to the town hall.

Benefits of Legalizing a home on rural land

• Legal Security: The regularization provides legal security to the owner, thus avoiding possible legal complications in the future.
• Revaluation of the Property: A property regularized can increase your value and be more attractive to potential buyers.
• Access to Public Services: Legalization allows you to access essential public services, thereby improving the quality of life.

Additional considerations for legalizing a home on rural land

Regulatory Changes: It is important to be aware of any changes in legislation that may affect the process of legalization. For example, the Constitutional Court has limited certain aspects of the law of andalusia that allowed housing to be built on rural land as we have discussed.

Professional Advice: It is recommended to obtain the advice of a competent engineer or a lawyer who specializes in urban planning to guide the process and ensure compliance with all legal requirements.

In summary, legalize a home on rural land in Andalusia means you get the certificate AFO, to comply with specific legal requirements, to register the property properly and paying the corresponding fees. Not only does this ensure regulatory compliance, but also provides significant benefits for both the owners as well as for the local community.