Our resident property expert, Mathew Wood of Hola Properties – heaquartered in Lanjarón – explains this hot topic for property owners in Spain….
IF YOU own, or are thinking of buying, a property in rural or urban Spain, you will hear of the term ‘AFO’ (Asimilado Fuera de Ordenación). The process of acquiring an AFO can appear overwhelming, especially with so many myths surrounding it. Whether you’re a seller trying to legalise your property before a sale, or a buyer trying to navigate the complexities of purchasing in Spain, understanding the truth behind AFOs is essential.
What is an AFO?
An AFO, or ‘Asimilado Fuera de Ordenación’, is a certificate issued to regularise properties that were built without the correct planning permissions. This document essentially legalises the structure, making it compliant with local regulations so that it can be included in the official deeds. Without an AFO, a property may not be legally recognised, which creates complications for both buyers and sellers.
The process applies to both rural and urban properties and is especially important for homes that have been built or extended without the proper permits. In short, an AFO brings a level of legalisation to properties that have gone outside planning regulations but aren’t illegal in the eyes of Spanish law. This certificate allows these properties to be registered properly, giving homeowners the chance to sell, renovate, or legally live in them without worrying about future legal problems.
It’s not just about ticking legal boxes – obtaining an AFO can affect everything from mortgages to building permits, and even connecting to utilities such as water and electricity.
AFOs, DAFOs, and SAFOs – all the same thing!
There’s often confusion about the difference between AFO, DAFO, and SAFO. In reality, these terms are interchangeable; they all refer to the same process. Whether it’s an AFO, DAFO, or SAFO, the process you need to follow is identical. The terminology can vary slightly depending on the region in Spain, but ultimately, they all serve the same function: to regularise properties that have been built without full adherence to planning laws.
Busting the myth: will your property be demolished without an AFO?
One of the most common fears among homeowners and potential buyers is the notion that a property without an AFO will be demolished. The reality, however, is far less alarming. While there have been cases of demolitions, these are exceptions, not the rule.
In most cases, if your property is over six years old and appears on satellite images, it is exempt from sanctions and is unlikely to be knocked down. Even in cases where properties are demolished, it usually follows a report or dispute – frequently between neighbours. While the possibility of demolition isn’t entirely off the table, it’s rare. Usually, there’s a backstory involving other legal complications.
The media loves to sensationalise these cases, but they’re far from representative of what most property owners experience. If you’re worried about the legal standing of your property, establishing facts and seeking professional advice is key. Avoid falling into the trap of misinformation that circulates on social media platforms and local groups.
Why AFOs are more important than ever
The importance of AFOs has skyrocketed in recent years, particularly since the introduction of ‘LISTA’ (Ley de Impulso para la Sostenibilidad del Territorio de Andalucía) in 2021. This legislation changed the landscape for rural properties in Andalucía, expanding the eligibility for AFOs to include certain properties that wouldn’t have qualified – like those on protected land.
Before LISTA, some rural properties were essentially left in a grey zone where they could not be sold, mortgaged, or even renovated because they lacked the proper paperwork. Now, the law makes it obligatory for properties to either be built according to regulations or to have an AFO in place to secure the right to legally exist in their current form.
Nowadays, an AFO is essential not just for selling your home, but also for obtaining a rental licence, applying for a mortgage, or securing building permits. Even if you just want to repair a roof or update old windows, you can be stuck if you don’t have the necessary paperwork in place.
For sellers, this means that buyers (and their lawyers) are becoming increasingly stringent. A property without an AFO could be a red flag, making it harder to sell. In many cases, this leads to lower offers or no interest at all.
The emotional impact for buyers and sellers
It’s easy to get caught up in the technicalities. Dealing with the legal aspects of buying or selling a property can be emotionally draining. As a seller, you may have spent years building memories in a home – only to realise that some of the extensions or additions you made weren’t entirely legal. Now, facing the task of regularising your property, or risking it being difficult to sell, can be a stressful experience.
For buyers, the uncertainty surrounding properties without an AFO can be equally nerve-wracking. Imagine falling in love with a rural villa in the beautiful Andalusian countryside, only to discover that its legal status is questionable. Suddenly, what seemed like a dream home becomes a potential financial and legal headache.
The emotional toll for buyers and sellers is significant. Buyers rely on their lawyers to guide them through the process. When a lawyer advises against a purchase because of missing AFOs, it can feel like the proverbial rug has been pulled! For sellers, there’s the stress of potentially losing a sale or facing expensive adjustments to make their property compliant.
AFOs and urban properties – not just for ‘cortijos’
While AFOs are most commonly associated with rural properties, they also apply to certain urban properties. If, for example, you live in a town where the planning legislation allows for two-storey houses, but you’ve added a third floor without permission, you need to apply for an AFO.
Without an AFO, you would be unable to contract mains water or electricity. So, while it’s easy to think of AFOs as a rural issue, they can also impact urban homeowners who have extended their properties outside the local zoning laws.
The time and cost involved
Obtaining an AFO isn’t a quick process. Depending on the town hall, it can take anywhere from 12 months to two years to complete the process. Busier municipalities may take longer because of the high volume of applications. Moreover, the process isn’t cheap. It can involve administrative fees and physical changes to the property, such as installing a new septic tank or adjusting ceiling heights to comply with current regulations.
For homeowners who plan to sell within the next few years, it’s essential to start this process early. Waiting until you have a buyer could delay the sale, or lose it.
Seeking professional advice
A key point with the AFO process is to seek professional advice. Whether you’re buying or selling, the legalities surrounding AFOs can be confusing and filled with myths and misinformation. Speaking with a property expert or a lawyer who understands the intricacies of rural and urban property law in Spain is crucial.
Relying on hearsay from social media or the local bar can lead to misunderstandings and poor decisions. Every property and every situation is different, and tailored advice puts you on the right path, as well as providing peace of mind to proceed with confidence.
A video about the AFO process can be viewed here.