Can You Build Residential Homes on Rustic Land in Andalusia?

The answer is YES.

Andalusian legislation permits the construction of residential homes on rustic land through a legal mechanism known as “extraordinary actions on rustic land” This is outlined in Decree 550/2022, dated November 29, which approves the General Regulation of Law 7/2021, of December 1, promoting the sustainability of the territory of Andalusia.

This regulation allows the construction of houses on rural land by categorizing such activities under “extraordinary actions” on rustic land.

What Are “Extraordinary Actions on Rustic Land”? (Article 30)

These actions refer to public and social interest activities that contribute to the planning and development of rural areas or require placement on rustic land due to incompatibility with urban land.

According to Article 22.2 of the Law, extraordinary actions may include the implementation of facilities, industrial, tertiary, or tourist uses, and any other developments that must occur on rustic land. This includes necessary constructions, buildings, roads, infrastructure, and technical services.

Can Residential Constructions on Rustic Land Be Considered?

YES, buildings intended for residential use can be authorized as part of these extraordinary actions, provided there is proportionality and linkage between the residential building and the extraordinary action.

Conditions and Requirements Include: 

– A dwelling may be authorized if necessary for economic development and justified by functions such as surveillance, assistance, management, or control.
– The house and the extraordinary action must occur on the same property.
– The dwelling must represent an economically viable investment with a defined amortization period relative to the income generated by the action.
– The connection between the dwelling and the extraordinary action must be maintained.

Building Rustic Single-Family Homes Unlinked to Extraordinary Actions

YES, it is possible to build isolated single-family homes on rural land not linked to extraordinary actions. However, these must not lead to the formation of new settlements or impede the normal development of rural land.

Key Parameters and Conditions Include:

– Only one isolated single-family dwelling per plot or horizontal division is allowed.
– The plot must have a minimum area of 2.5 hectares, or 5 hectares if located on forest land.
– The house must be situated more than 100 meters from any other residential building.
– The building’s footprint must not exceed 1% of the plot, and natural conditions must be preserved as much as possible.
– The maximum buildable area is limited to 1% of the plot, with a maximum height of two floors.
– Basic services for the home must be guaranteed independently, preferably through renewable energy sources.

Requirement of Prior Hearing to Adjoining Neighbors

Before approving housing construction projects on rustic land, a prior hearing for neighboring residents is required to ensure that the construction does not hinder or limit the normal development of their activities on rural land.

Procedure for Obtaining Authorization for Rustic Housing Construction

Prior “Authorization from the City Council” is necessary before granting a construction license. The procedure includes:

– Submitting a request with the Action Project.
– Public information and hearing processes for affected public administrations and neighboring landowners.
– A resolution by the municipal body responsible for urban planning approvals.

– Term for Response: 6 Months with Negative Silence

If no response is received within six months of the application, authorization will be considered denied.

Joint Processing of Prior Authorization and Building Permit

Applicants may request simultaneous processing of prior authorization and the building permit.

Obligations of the Promoter

Promoters of extraordinary activities must adhere to specific obligations, including maintaining the link between the buildings and the rustic land uses, paying compensatory benefits, and applying for an urban planning license within one year.

Duration of Land Qualification

Land qualification for construction is generally unlimited, but if activities cease for five consecutive years, the authorization may be revoked, requiring the land to be restored to its natural state.

Compensatory Payment

Construction on rustic land is considered an “extraordinary” use and is subject to compensatory payments. The payment is 15% of the material execution budget for single-family homes, managed by the municipality and allocated to the Municipal Land Heritage.

Expanding Legally Constructed Buildings

Expanding legally built rustic homes requires prior authorization, payment of compensatory benefits, and adherence to specific regulations.

Constructive Actions on Dispersed Rural Habitat

Dispersed rural habitats are non-urban settlements on rustic land. Special urban regulation plans may allow for actions that contribute to conservation, maintenance, and improvement of these areas, while new constructions must respect traditional values and landscape aesthetics.

Obligations for Infrastructure Costs

Owners in dispersed rural habitats are required to share the costs of infrastructure improvements according to special plans or legal obligations.

Conclusion

Building residential homes on rustic land in Andalusia is permissible under specific conditions. Potential buyers and developers should be aware of the legal requirements, including the need for prior authorization, compensatory payments, and obligations to maintain the connection between the construction and the rural land’s intended use. It is crucial to consider these regulations carefully when planning any construction on rustic land in Andalusia.

TLACORP