Understanding DAFO – Legalization of properties in Andalucia
- 1 Legalization of properties without building license in Andalucia
- 1.1 Introduction: The Landscape of Construction in Andalucía
- 1.2 What is DAFO?
- 1.3 Eligibility Criteria for DAFO
- 1.4 The DAFO Legalization Process
- 1.5 Implications of DAFO Status
- 1.6 The Difference Between DAFO and a Certificate of Habitation
- 1.7 Consequences of Owning a DAFO Property
- 1.8 Case Studies: Examples of DAFO in Action
- 1.9 Conclusion: Navigating the Complexities of DAFO
Legalization of properties without building license in Andalucia
Introduction: The Landscape of Construction in Andalucía
Andalucía, a region known for its rich cultural heritage, stunning landscapes, and historical architecture, has also seen significant growth in construction over the past decades. This growth includes not only new developments but also a variety of properties built outside the normative framework, often without proper building licenses. These constructions, although completed and often inhabited, can face severe legal challenges such as fines, penalizations, or even demolition orders from local administrations.
In response to this widespread issue, the Regional Government of Andalucía introduced a critical procedure in 2012 known as the “DECLARACIÓN DE SITUACIÓN ASIMILADA A FUERA DE ORDENACIÓN (DAFO)”. This legal mechanism was designed to address the status of buildings that were constructed without the appropriate permits or in protected areas, providing a pathway to avoid demolition and to grant certain legal protections to the property owners.
What is DAFO?
The “Declaración de Situación Asimilada a Fuera de Ordenación (DAFO)” is a legal declaration that effectively allows properties built without the proper building licenses to avoid demolition if they meet certain conditions. It is a crucial tool for homeowners in Andalucía who find themselves in possession of properties that were either built illegally or in non-compliance with existing regulations at the time of construction.
The DAFO process does not fully legalize these properties but rather places them in a special category known as “Fuera de Ordenación” (Out of Normative). This status acknowledges the existence of the building and permits its continued use, but with significant limitations on future modifications or expansions.
Eligibility Criteria for DAFO
Not all properties automatically qualify for DAFO. Specific criteria must be met, and the property’s history and current status play a significant role in determining eligibility. The key factors include:
1. Age of the Construction
The property must be an old construction, typically requiring at least six years to have passed since its construction. This timeframe is crucial as it indicates that the building has existed without any recent administrative action against it, such as fines or demolition orders.
2. Absence of Demolition Orders
The property must not have been subjected to a demolition order. If a demolition process has been initiated by the administration, the property cannot be considered for DAFO. This criterion is designed to prevent the legalization of properties that are already in significant violation of planning laws.
3. Location Considerations
Properties built in protected areas, such as nature reserves or zones with special environmental protections, are subject to stricter scrutiny. While DAFO can apply to such properties, the process is more complex, and the likelihood of approval depends on the specific circumstances of the case.
The DAFO Legalization Process
The process of obtaining DAFO involves several steps and requires careful preparation of documentation by the property owner. The following outlines the typical procedure:
1. Preparation and Submission of a Project
The property owner must submit a detailed project to the local administration. This project typically includes architectural plans, a description of the current state of the property, and any relevant historical data. The goal is to demonstrate that the property is a candidate for legalization under DAFO.
2. Administrative Review
Once submitted, the project is reviewed by the local authorities, who assess whether the property meets the criteria for DAFO. This review includes verifying the age of the construction, checking for any past or present fines or demolition orders, and evaluating the property’s location relative to protected areas.
3. Issuance of DAFO:
If the administration approves the application, the property is granted DAFO status. This status does not fully legalize the property but provides it with a “Fuera de Ordenación” classification, meaning that while the property is recognized and can be used for residential purposes, it remains “out of normative” with significant restrictions on future modifications.
Implications of DAFO Status
Once a property is classified under DAFO, it is important to understand the implications of this status. While DAFO provides a level of security for the property owner, it comes with strict limitations:
1. Protection from Demolition
One of the primary benefits of DAFO is that it protects the property from future demolition orders by the administration. This means that the owner can continue to use the property as a residence without the fear of being forced to demolish it.
2. Authorization to Use and Live in the Property
DAFO grants the property owner the right to use and live in the property. This authorization is similar in effect to a “Certificate of Habitation” (Certificado de Habitabilidad), allowing the owner to connect the property to essential services such as water and electricity.
3. Restrictions on Modifications
Despite the protection offered by DAFO, the property remains “out of normative.” This means that the town hall will not approve any licenses for structural modifications to the building. For example, the owner cannot make changes to essential structural elements such as the foundations, roof, or overall footprint of the building. Only interior reforms related to safety or sanitary reasons are allowed, and these must not alter the structural integrity of the building.
4. No Expansion or New Construction
Under DAFO, the existing constructions on the property are respected, but no new construction is permitted. This includes additions such as garages, swimming pools, or extensions to the existing building. The property is effectively “frozen” in its current state, with no possibility of expanding or significantly altering the structure.
5. Insurance Considerations
Given the limitations on rebuilding under DAFO, it is crucial for property owners to secure comprehensive insurance that covers potential damages from natural disasters or accidents. Since the town hall will not grant permission to rebuild the property if it is severely damaged, insurance becomes the primary means of protecting the owner’s investment.
The Difference Between DAFO and a Certificate of Habitation
A common question that arises is whether DAFO is equivalent to a Certificate of Habitation. The answer is no; while DAFO grants similar rights in terms of living in the property and connecting to utilities, it is not the same as a Certificate of Habitation.
– Certificate of Habitation
This is a document issued by the town hall confirming that the property meets all the housing requirements according to the local building codes. It is necessary for connecting the property to utilities and for completing real estate transactions.
– DAFO
While DAFO allows the owner to live in the property and access utilities, it does not mean the property meets all the modern building standards. Properties with DAFO will never receive a Certificate of Habitation because they are considered “out of normative.” DAFO is more of a legal recognition of the property’s existence and use rather than a full certification of its compliance with current building codes.
Consequences of Owning a DAFO Property
Owning a property with DAFO status comes with specific responsibilities and limitations. The following are the key consequences of this status:
1. Limited Property Value
Because properties with DAFO cannot be modified or expanded, they may have a lower market value compared to fully compliant properties. Potential buyers might be hesitant to invest in a property that cannot be developed further.
2. Resale Complications
Selling a DAFO property can be more challenging. Buyers need to be fully informed about the limitations imposed by the DAFO status, which may limit the pool of interested buyers.
3. Maintenance Requirements
Owners must ensure that the property remains in good condition, as they cannot make significant structural repairs if needed. Regular maintenance and careful management are essential to preserving the property’s value and usability.
4. Inheritance and Legal Transfers
DAFO properties can be inherited or transferred, but the new owners will inherit the same restrictions. It is important to disclose the DAFO status during any legal transfer to avoid future disputes.
5. Risk of Future Legal Changes
Although DAFO provides current protection against demolition, future changes in legislation could potentially impact properties with this status. Owners should stay informed about any changes in local or regional laws that might affect their property’s legal standing.
Case Studies: Examples of DAFO in Action
To better understand the practical implications of DAFO, let’s look at some hypothetical case studies:
Case Study 1: A Rural Home in a Protected Area
A family owns a rural home in Andalucía that was built 10 years ago without the proper building license. The property is located in a protected area with environmental restrictions. Concerned about potential demolition orders, the family applies for DAFO.
Outcome: After submitting the necessary documentation and undergoing a thorough review, the property is granted DAFO status. The family can continue living in the home, but they are prohibited from making any structural changes or expanding the building. The property’s value is affected by its DAFO status, but the family gains peace of mind knowing that the home is protected from demolition.
Case Study 2: An Urban Property with Structural Issues
An elderly couple owns an urban property in a small town in Andalucía. The building is over 50 years old and was originally constructed without a formal building permit. The structure has significant wear and tear, particularly in the roof and foundation. The couple applies for DAFO to legalize the property and ensure its continued use.
Outcome: The property is granted DAFO, but with significant limitations. The town hall allows the couple to make minor interior repairs for safety reasons, but they cannot replace the roof or reinforce the foundation. The couple must purchase comprehensive insurance to protect against potential structural failure, as they will not be able to rebuild the home if it is severely damaged.
Conclusion: Navigating the Complexities of DAFO
The DAFO process offers a lifeline to property owners in Andalucía whose buildings were constructed outside of the normative framework. It provides legal recognition and protection against
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