If you are looking at plots to buy or build on in Andalusia, you have probably come across the classification «suelo no urbanizable» (non-developable land) and wondered what it means and whether it is possible to build on it.
The three types of land in Spain
Spanish planning legislation classifies land into three categories: Urban land (already integrated into the urban fabric, with access to services; can be built on directly), Developable land (may become urban in the future through a partial plan; very limited building until then), and Non-developable land (SNU) (excluded from the urbanisation process to protect the environment, the landscape or natural resources).
Can you build on non-developable land?
Yes, but with many restrictions. In Andalusia, the LOUA and municipal general plans allow certain buildings on SNU under strict conditions: agricultural dwellings linked to an active farm, activities of public interest (rural hotels, campsites, sports facilities), and the rehabilitation of existing buildings under the conditions of the PGOU.
General SNU vs. specially protected SNU
General SNU: moderate restrictions. Rural uses and rural tourism can be authorised under conditions. Specially protected SNU: the highest level of restriction (Natural Parks, Natura 2000 Network, historic or agricultural areas). Almost no new building is possible.
The AFO as a solution for existing buildings
If a building already exists on non-developable land and was built without a permit more than 6 years ago, it can be regularised through the Asimilado Fuera de Ordenación (AFO) procedure. This procedure grants it a status of tolerance that allows it to be entered in the Land Registry, mortgaged and sold. Klic Arquitectos has processed more than 40 AFO files in Andalusia.
