Before you buy a plot of land, it is vital to know how it is classified, because that classification determines what you can and cannot do with it. If you are looking at plots to buy or build on in Andalusia, you have probably come across the term suelo no urbanizable (non-developable land) and wondered what it means and whether you can build on it. So what does building on rustic land in Spain actually allow? Here is what you need to know.
We are Klic Arquitectos, an architecture studio in Marbella. If you are interested in our work, take a look at our multi-family housing projects. Read on!
Projects of this kind call for in-depth technical and regulatory knowledge, especially on protected or non-developable land. That is why many developers behind exclusive residential projects turn to luxury architects in Marbella, who can design innovative solutions that comply with the regulations and make the most of the plot’s potential.
The three types of land: urban, developable and non-developable
Spanish planning law classifies land into three broad categories:
- Urban land (suelo urbano): already part of the built-up area and connected to services; you can build on it directly, in line with the local plan.
- Developable land (suelo urbanizable): may become urban land in the future through a partial plan (plan parcial); until then, building is very limited.
- Non-developable land (suelo no urbanizable, SNU): excluded from urban development to protect the environment, the landscape or natural resources. In Andalusia, Law 7/2021 – the LISTA Law (Andalusian land-use act), which replaced the LOUA – calls it suelo rústico (rustic land).
In other words, in Andalusia “non-developable land” and “rustic land” refer to the same thing, and we use both terms in this article.
What non-developable land is
According to Spain’s Official State Gazette (BOE), non-developable land cannot be used for urban development, nor for uses other than those linked to farming, livestock, forestry, hunting or any other activity aimed at the sustainable use of natural resources. Its main purpose is to preserve the natural environment, protect areas of high ecological, landscape or cultural value and ensure a rational use of the land.
There are two categories of non-developable land: general (or common) non-developable land and specially protected non-developable land. In the first, restrictions are moderate: residential building is generally not allowed unless it is linked to working the land (a storehouse, a stable or the farmer’s house), and rural and rural-tourism uses may be authorised subject to conditions. In the second, which is covered by specific protection measures (natural parks, Natura 2000 sites, areas of historic or agricultural value), restrictions are at their strictest and almost no new building is possible.
So what can you build on non-developable land? Before we get to that, you should know that Article 319 of the Spanish Criminal Code (Código Penal) provides that developers, builders and technical directors who carry out urbanisation, construction or building work that cannot be authorised on non-developable land face prison sentences of one to three years, plus a fine of 12 to 24 months (under the Spanish day-fine system).
What you can build on rustic land in Spain
The main purpose of non-developable land is to preserve the natural environment, which means that building on it without complying with the regulations can lead to severe penalties, even prison sentences.
That said, the picture is not entirely black and white: there is a wide range of possibilities in between. In Andalusia, the LISTA Law and the municipal general plans allow certain buildings on rustic land under strict conditions: a house linked to an active agricultural holding, projects of public or social interest (rural hotels, campsites, sports facilities) and the refurbishment of existing buildings on the terms set by the local plan (PGOU). Here are the details:
- A new house: it is possible to build a new house on non-developable land, provided it is directly linked to the farming, livestock or forestry activity on the plot. However, the house must be genuinely necessary for the holding to function, and that link has to be justified technically.
- Mobile prefabricated homes: self-sufficient mobile prefabricated homes that need no foundations and do not alter the ground can be sited on rustic land, subject to the decision of the regional government (comunidad autónoma) and the town hall (ayuntamiento). The key here is the difference between placing and building. For example, some mobile homes on wheels can be towed away without damaging the land.
- Swimming pools: no Spanish region bans pools on rustic land outright. However, there are limits depending on the type of construction the pool requires and on what it is used for.
- Campsites, rural accommodation and holiday cottages: although it may seem contradictory, since they take up more space and involve more extensive works than a house, campsites, hotels and rural accommodation can be built on rustic land as projects of public interest (actuación de interés público). To build them, however, the plot must have a minimum surface area.
- Refurbishment: non-developable plots with old or ruined houses on them are highly sought after on the rustic land market. To go down this route, however, the house must predate 1975. Whether the town hall grants the licence will depend on the condition and location of the property.
AFO: the solution for buildings that already exist
If there is already a building on non-developable land that was built without a licence more than six years ago (the period after which the authorities can no longer take action to restore planning legality), it can be regularised through the procedure known as Asimilado a Fuera de Ordenación (AFO), recognition as “outside planning”. This recognition does not legalise the building, but it gives it a tolerated status that allows it to be registered at the Land Registry (Registro de la Propiedad), connected to utilities, mortgaged and sold with legal certainty. At Klic Arquitectos we have handled more than 40 AFO applications in Andalusia.
As architects in Málaga, we know how valuable our clients’ time is. That is why we take care of the full management of every single-family home project, including design, planning, management and supervision of each stage of the works, and all the necessary administrative procedures.
That’s everything you need to know about what you can build on rustic land in Spain. We hope you found it useful. If you have any questions about a specific plot, an AFO application or a project on rustic land, don’t hesitate to get in touch with our architects in Marbella. We look forward to hearing from you!
