Post by davexf on Nov 9, 2019 16:04:16 GMT 1
The Junta de Andalusia’s new regional government has passed a decree called the Law Decree 3/2019 of the 24th of September 2019 containing urgent measures for the environment and territorial adaptation of irregular houses in Andalusia (Decreto-ley 3/2019, de 24 de septiembre, de medidas urgentes para la adecuación ambiental y territorial de las edificaciones irregulares en la Comunidad Autónoma de Andalucía). The decree came into force on the 26th of September. It just shows that solutions to the entrenched problems of illegal housing can be found with enough political will, though the Junta de Andalucía has gone to some length to stress it’s not an ‘amnesty’.
“The new legislation allows all owners of an illegal property, except when the property is less than 6 years old, on protected or flood risk land, or when it is subject to ongoing planning infraction proceedings, to apply to their town hall for their property to be granted the status of assimilado al regimen de fuera de ordenacion (AFO). With this status the property can then legally access services (Electricity, Water etc.) if available and it also facilitates the registration of the property at the Land Registry.
The costs of obtaining an AFO is made up of the tax payable to the Ayuntamiento (thought to be around 850€ but depends on the house size), the architect’s fee (currently 650€ for the first house and 150€ for a second house on the same plot). There is also a cost to put in an ecological septic tank of around 1,500€ but that will only be completed after the AFO is granted.
To obtain an AFO you need an Architect’s AFO report which will say that the septic tank will be installed on obtaining an AFO and the commitment to pay the costs. It should be noted that although banks will not normally grant mortgages on illegal properties, properties with an AFO can obtain a mortgage.
ChiFRA have started making a list of people who want an AFO; please contact info@chifra.org if you would like to obtain an AFO. We will get the technician Jose Louis to make the initial documents – he has made over 200 successful applications.
While you do not have to be a member of ChiFRA to be included, you may find the members’ monthly emails useful.