A finca (country house) on suelo rústico (agricultural land) in the Comunidad Valenciana must comply with various regulations and conditions, which have to do with the protection of the countryside, environment and agricultural uses. A distinction is made between private use and commercial use of a finca. In this blog we focus on private use, we are working on a blog on commercial use.
Zoning and region-specific legislation
In Spain, suelo rústico is agricultural or natural land and that is generally not zoned for habitation or building activities. However, there are exceptions, depending on regional legislation and the specific municipality's zoning plan.
- Zoning plan (Plan General de Ordenación Urbana - PGOU)
- This plan determines the use of the land. You should first check whether the piece of land in question is zoned for agriculture, nature or other agricultural purposes. In exceptional cases, the land can be classified for tourism development or ecological projects, which opens up certain construction opportunities for commercialisation.
- Plan de Ordenación de los Recursos Naturales (PORN) and Planes de Ordenación de los Recursos del Paisaje (PORP)
- These regional plans set strict requirements for the use of land in protected areas and nature reserves. Always check whether your plot falls under this protection, for example the La Plana area on Jávea's Montgó.
Types of construction allowed on ‘suelo rústico’
There are several types of construction that are possible on suelo rústico, but they must comply with specific conditions and are usually limited to:
- Finca for personal use
- If you want to build a finca for personal use (for example, a holiday home or a country house), the project must meet certain conditions that must be in line with the agricultural or ecological nature of the land.
- Tourism activities
- In some cases, tourism activities such as a B&B, campsite or eco-hotel can be allowed, but this usually requires a special permit and may fall under the heading of "usos compatibles ’ (compatible uses). This depends on the zoning plan and the decision of the municipality or region.
- Agricultural buildings
- Agricultural buildings such as stables, barns and outbuildings can often be built for agricultural purposes, provided they are proportional to the agricultural use of the plot.
Below we explain the guidelines for a private dwelling which stands or is built on agricultural land (suelo rústico).
What are the conditions for building on ‘suelo rústico’
We list the GENERAL regulations in the Costa Blanca North. These may vary from municipality to municipality, so for the most accurate and detailed information it is always advisable to contact the relevant municipality and engage a local architect and/or lawyer to ensure that your project or the property you have in mind meets all requirements and regulations.
- Minimum plot size
- In most municipalities of the Costa Blanca North, this is +10,000 m² (1 hectare), depending on the zoning of the land. In (protected) nature reserves, this figure differs. Then more land is usually needed, e.g. +20,000m2, to build a house, if it is allowed at all.
- Dwelling
- Only one dwelling for private use is allowed, with a maximum area of 2% ‘footprint’ of the plot (e.g. 200 m² footprint for a 10,000 m² plot). A second floor or underground garage, is not included here. These m2 can be added, provided the municipal regulations are met.
- Outbuildings
- Allowed, but only under certain conditions (e.g. for agricultural equipment) and subject to permission from the Comunidad Valencia. The construction of a swimming pool must be included in the application for the (original) building permit.
- Multiple buildings (housing)
- Multiple dwellings are not allowed, unless the project is part of ecotourism or agricultural tourism, for which specific permits are required.
- Materials and style
- Use of natural materials and traditional building styles appropriate to the rural character of the area. For example, traditional fincas have quite small windows on the upper floor and a naya or riurau (porche, covered terrace) is attached.
- Environmental requirements
- Possible environmental impact assessment (for example, if there is a well on the property or if the property is in a water catchment area) and encouragement of sustainable construction.
What should you check (or have checked) when buying a finca?
Before proceeding to purchase a finca, which is located on agricultural land (suelo rústico) or the plot of land with the aim of building one yourself, it is advisable to check (or have checked) the following documentation. This helps to ensure that the property is legal, has no legal issues and that it complies or will comply with the municipality's building and use regulations. Consulting a local lawyer and architect who are familiar with regional laws can help you make the process go more smoothly.
- Ownership certificate (Certificado de la Propiedad)
- This shows that the seller is the owner of the finca and provides information about any mortgages or other obligations on the property.
- Cadastral data (Certificado Catastral)
- This document contains details about the plot, such as the exact location, size and cadastral classification of the land. Check that the plots are actually adjoining plots and that they are not separated by a road, for example. This may affect the m2 of building allowed.
- Check (in case of construction) the zoning plan (PGOU).
- Then you will know if the plot is part of a protected area, forest area or if there are restrictions on building on agricultural land (suelo rústico). It can also indicate whether the land is classified as agricultural land and what uses are allowed for the land.
- Building or zoning restrictions
- If the land is protected or under special legislation, you need to know what restrictions apply to building and uses, such as the prohibition of commercial activities or if the property is located in a water catchment or drainage area (so-called ‘barrancos’).
- Building permits (Licencias de Obra) and/or Cédula de 1ª/2ª Ocupación
- If there are already buildings on the plot, you should check that the construction of these structures has been carried out legally and that they have valid building permits issued by the municipality. Also check that that the property has a valid 1st/2nd habitability certificate.
- Deed of completion of construction (Escritura de Obra Nueva)
- If there is a building being sold as ‘new construction’, you need to check that the house/buildings will be, or have already been, correctly registered in the Property Registry.
- Permits for renovations or extensions
- If renovations or extensions have taken place, you should check whether a municipal permit has been granted for these.
- Certificado Urbanístico
- This certificate can provide information on the type of land (e.g. suelo rústico, nature reserve, agricultural norm, etc.), permitted uses and building restrictions.
- Certificado de No-Infracciones (no-infringements)
- This municipal certificate confirms that there are no administrative violations or debts related to the property and that it is free from legal problems, such as unpaid taxes, fines or other administrative convictions that may affect the property.
Furthermore, the following are important before formalising the purchase:
- Septic tank
- Check whether the septic tank at the property complies with the municipality's regulations. If applicable, a new one should be installed that meets all environmental regulations. This can be quite an expense.
- Water supply
- Verify whether there is access to necessary facilities such as municipal drinking water. If the finca has its own well, check that all the paperwork for it is in order and the proper permit has been issued. Alternatively, there may be a water depot on the property, where (well) water is kept which is delivered by trucks on demand.
- Connection to the electricity grid
- Particularly if you are going to build a finca, it is advisable to find out in advance whether there are electricity supplies nearby and, if so, whether the transformer still has sufficient capacity for an additional connection. Keep in mind, that in many municipalities nowadays the cabling has to be brought underground, which can lead to extra costs, especially if the ground is made of rock. Nowadays, fincas are also self-sufficient with a solar panel installation and battery with a generator as a back-up for the rare gloomy days in Spain.
- Current mortgage
- Check if there are any mortgages or other financial obligations resting on the finca. These are tied to the property in Spain, so it is imperative that the mortgage must be paid off and cancelled by notarial deed before the transfer. Only then will the mortgage be removed from the Property Register.
- Energy efficiency certificate
- This is mandatory for any property being sold. The certificate indicates how energy efficient the property is and can be important for the final value of the property.
- Overdue taxes
- Check that there are no overdue property taxes or other municipal charges that could affect the purchase. This task will be undertaken by the notary before the title deed is signed at his/her office.
Conclusion
Buying or building a property on suelo rústico on the Costa Blanca North offers unique opportunities, but it is important to be well aware of the rules and regulations applicable in relevant municipality.
There are strict conditions, for both use and construction, on agricultural land and these vary by municipality. Ensure that the classification of the plot complies with the zoning plan and regional legislation and that the necessary permits and documents are in order. Consulting local experts, such as an architect or lawyer, is essential to avoid legal complications and ensure that your property or project is in line with legislation.
By carefully checking that everything is in order, you can start enjoying your ‘finca’ in the Spanish countryside without any worries.
