Welex is an urban planning law firm in Marbella. Andalusia’s urban plan establishes a deadline of six years for the adoption of measures to protect urban legality and restore the disturbed legal order of buildings constructed outside the law. After this period, the administration cannot act on these buildings.
However, this time limit (6 years) was not applicable to acts and uses of urban sub-divisions of lands on undeveloped areas, the administration being entitled to act at any time to take measures to restore the legal order.
This situation created uncertainty in those existing buildings in urban subdivisions of land that did not have the status of urban settlement and that could not obtain recognition of the situation designated “out of planning” (asimilado al fuera de ordenación).
The Spanish law 6/216 of 1 August (in force since August 6, 2016) amends the law 7/2002 of 17 December (Ley de Ordenación Urbanística de Andalucia) to incorporate urgent measures in relation to buildings constructed on urban subdivisions on undeveloped land.
This amendment aims to eliminate the uncertainty in these buildings and their plots on undeveloped land, and the deadline of 6 years may be applicable only to these for the administration to take legal measures against them.
Once this period has elapsed without the administration taking action, these buildings will have the status “out of planning” (see our blog, link).
Therefore, if your property meets the following requirements:
– Isolated building of residential use
– Located on land with an urban subdivision (2 or more)
– Undeveloped land
– The limitation of 6 years has elapsed so the administration cannot act against it.
Your property may benefit from the out of planning status, with its consequent rights and obligations. To find out, contact Welex, our English-speaking law firm in Spain. We will clarify all your urban planning inquiries and provide you all the compulsory information regarding the Spanish property you wish to purchase in Spain or already own.