{"id":1590,"date":"2023-06-30T11:02:14","date_gmt":"2023-06-30T11:02:14","guid":{"rendered":"https:\/\/www.abogadosmarconsultores.com\/?p=1590"},"modified":"2023-06-30T11:04:36","modified_gmt":"2023-06-30T11:04:36","slug":"the-legalization-of-housing-in-andalusia-why-process-the-afo-certificate-and-how-to-do-it","status":"publish","type":"post","link":"https:\/\/www.abogadosmarconsultores.com\/en\/the-legalization-of-housing-in-andalusia-why-process-the-afo-certificate-and-how-to-do-it\/","title":{"rendered":"The legalization of housing in Andalusia. Why process the AFO certificate and how to do it?"},"content":{"rendered":"

In Andalusia <\/strong>there are houses built on undeveloped land and without having taken into account the legal regulations on urban matters <\/strong><\/a>, built without a license or in breach of the precepts of the license obtained.<\/p>\n

As can be seen, they are buildings that are in an irregular situation. Therefore, they have not been registered nor do they have safe or healthy access to basic services.<\/p>\n

But how to legalize these irregular houses? <\/strong>This is where it is important to have the AFO certificate <\/strong>. Below we explain everything you need to know about the regularization of buildings in the Andalusian Community.<\/p>\n

The legalization (regularization) of illegal housing in Andalusia.<\/h2>\n

The vast majority of homes <\/strong>in Andalusia that are built on undeveloped land are illegal <\/strong>. Because? Because construction on undeveloped land is a highly restricted activity for residential use, with a few exceptions.<\/p>\n

So these houses have been built without having licenses, which in turn has meant that their owners cannot register them in the registry, nor can they enjoy water, electricity and sanitation services in a legal and safe way.<\/p>\n

As the years go by, the crimes or infractions <\/strong>that could have been committed when building these irregular houses prescribe, so the administration in charge cannot fine the owners or order the demolitions of these buildings.<\/p>\n

approved measures<\/h3>\n

In order to solve the situation of irregular housing in Andalusia, solve the deficient conditions that these have in terms of safety and health, and minimize the environmental and territorial impact produced by this type of building, Decree-Law 3\/2019 ( 24\/September) <\/strong>.<\/p>\n

This Decree contains a series of measures, among which is the regularization of these constructions that are outside urban planning. It is a municipal procedure whose purpose is to obtain the recognition of assimilated outside of management <\/strong>, known as AFO certificate.<\/strong><\/p>\n

Regularization or legalization?<\/h3>\n

Although it is common to hear about the legalization of irregular housing in Andalusia, the most appropriate is the term regularization <\/strong>.<\/p>\n

This is due to the fact that the recognition by the City Council of the situation of assimilated outside AFO ordination does not actually result in legalization of the home and no occupancy license is obtained <\/strong>. But if it recognizes the existence of the construction and allows its use, bringing with it important legal effects in favor of the owner.<\/p>\n

So what is the AFO certificate?<\/h2>\n

The certificate of assimilation outside the AFO regulation <\/strong>is a kind of license that gives a house, a building, a country house, a chalet or another irregular construction built on undeveloped land in Andalusia a situation similar to the <\/strong>lawful<\/p>\n

This certificate accredits <\/strong>that the situation of being assimilated outside of the irregular housing order has been recognized by the City Council. And it guarantees homeowners their rights to the home <\/strong>, similar to a homeowner’s rights to licensed new development.<\/p>\n

Advantages of the recognition of assimilated to outside management: AFO certificate<\/h2>\n

The owner of the irregular house in Andalusia that obtains the AFO certificate may:<\/p>\n