Planning & Legalisation
The interior of Almeria and the Coast are home to a significant number of buildings constructed without a licence or outside the planning framework, particularly on non-developable common land. Law 7/2021 on the Promotion of Territorial Sustainability in Andalusia, known as LISTA, and its Regulations approved by Decree 550/2022 establish the framework for regularising these buildings through the Assimilated Out of Planning (AFO) declaration.
Fau & Loustau Abogados advises property owners wishing to legalise their home or check whether a property they intend to purchase can obtain AFO recognition. We process the file before the competent local council, provide the technical documentation in collaboration with trusted architects and defend the client against planning enforcement proceedings, demolition orders and penalties.
We also manage the obtaining of first occupation licences, certificates of age, planning certificates and reports on the applicable planning regime. Our knowledge of the local councils in the area and of the LISTA legislation enables us to provide concrete answers on the viability of each case before the client incurs the cost of the procedure.
How we help
- Assimilated Out of Planning (AFO) declaration under the LISTA Act
- Legalisation of dwellings on non-developable common land
- First occupation licences and habitability certificates
- Certificates of age for buildings
- Defence against planning enforcement proceedings
- Appeals against demolition orders and penalties
- Planning viability reports prior to purchase
- Processing of planning certificates before the local council
- Submissions in planning framework proceedings
- Advice on boundary demarcations and land classification
Our process
Preliminary study
We review the cadastral, Land Registry and planning status of the property to assess the viability of the file.
Technical documentation
We coordinate with the architect to produce the certificate of age, technical report and plans required by the LISTA Act.
Submission to the local council
We submit the AFO application or the corresponding licence together with all required documentation.
Submissions and requirements
We respond to council requirements and defend the file through to a favourable decision.
Decision and inscription
Once the AFO declaration is obtained, we inscribe it at the Land Registry to provide legal certainty for the property.
Frequently asked questions
What is an AFO declaration and what are its effects?
It is the local council's resolution recognising that an irregular building is in a situation of Assimilated Out of Planning because it can no longer be subject to enforcement action to restore legality. It allows the current use to be maintained, utilities to be connected and conservation works to be carried out and, under the LISTA Act, rehabilitation works as well.
What requirements does the LISTA Act set for obtaining an AFO?
The building must have been completed at least six years previously, must not be subject to planning enforcement proceedings or a demolition order, must be located on suitable land according to the legislation and must meet minimum safety, health and habitability conditions. Law 7/2021 extended the scope to all types of land and uses.
Can I buy an AFO property with a mortgage?
It is possible but complicated. Many lenders are reluctant to grant a mortgage on properties with AFO status due to their restricted valuation. Our firm carries out the preliminary study and advises you on the realistic financing options before you commit to a reservation contract.
What happens if I receive a demolition order?
You must act urgently. The deadlines for appealing are very short, usually one month through administrative channels. We analyse whether the breach has become time-barred, whether an AFO declaration is possible or whether judicial review proceedings before the courts in Almeria are appropriate.
Does the AFO declaration allow renovations?
The LISTA Act of 2021 expanded the works permitted on AFO properties, authorising not only conservation works but also rehabilitation. The works must have a local council licence and respect the original configuration of the building. We advise on which works are viable in each case.
Need help with Planning & Legalisation?
Contact us for an initial consultation with no obligation.