What to check before buying a country house or cortijo (farmhouse) in Almería

Before buying a country house in Almería, ask for the nota simple (the Land Registry extract) and compare it with the Catastro (the property tax register). Check in the local plan (PGOU) what class of land it is and whether the house has a licence, an AFO (asimilado a fuera de ordenación) or neither. A house without a licence is safe from demolition only if it was finished more than six years ago (article 153 of the LISTA, Andalusia's planning act, Ley 7/2021). That time limit does not run on rural land at risk of flooding, in the coastal influence zone or on public land.

Land Registry and Catastro: what the papers say

The nota simple, an extract from the Land Registry (Registro de la Propiedad), identifies the property, its owners and the rights and restrictions that burden it, such as mortgages or easements. You request it on the registrars' online office (sede electrónica) and it costs €9.02 per property, excluding taxes.

The Catastro (the property tax register) describes the plot and what is built on it. Compare the two: plot area, built area, pool, outbuildings and year of construction. If an extension or a pool appears in one and not in the other, ask why.

The nota simple also says whether the property is coordinated with the Catastro and from what date. If it is not, the boundaries in the Land Registry may not match reality.

What class of land it is and what the plan allows

The LISTA (Andalusia's planning act, Ley 7/2021) distinguishes only two classes of land: urban and rural (article 12). Rural land can be specially protected, preserved because of risks, preserved by the planning rules, or ordinary (article 14).

If the municipality's local plan (PGOU) predates the LISTA, you will see the land described as non-developable (suelo no urbanizable). Under the current law, land that is not urban is treated as rural (first transitional provision, disposición transitoria primera).

The category decides whether you will be able to extend, build a pool or rebuild. A new house on rural land is an extraordinary action (actuación extraordinaria), as we explain in the guide on building on rural land.

Licence, AFO or nothing: the legal situation of the house

Ask for the building licence and the occupancy licence (licencia de ocupación), or the AFO resolution if the house was built without a licence. The AFO is recorded in the Land Registry by a marginal note (nota marginal, article 174), so look for it in the nota simple.

If there is no licence or AFO, count the years. The town hall can act for six years from the full completion of the works (article 153.1). When you buy, you take over the planning rights and duties of the previous owner (article 27.1 of the Texto Refundido de la Ley de Suelo, the national land act).

Be careful with plots that come from dividing a rural property. Urban subdivisions into building plots (parcelaciones urbanísticas) on rural land never become time-barred, except for an individual plot with a building whose time limit has already passed (article 153.2).

Areas with no time limit: flooding, ramblas, coast and livestock routes

In these cases the town hall can act at any time and the AFO is not available (article 153.2 of the LISTA):

• Flood risk. Preserved rural land with proven risks of flooding, landslides or similar. Look up the plot on the viewer of the National Flood Zone Mapping System (SNCZI).
• Ramblas and watercourses. The beds of intermittent streams (ramblas, or dry riverbeds) are public water domain (dominio público hidráulico). Their banks have a 5-metre easement zone (zona de servidumbre) and a 100-metre control zone (zona de policía) (Texto Refundido de la Ley de Aguas, the Water Act, articles 2 and 6).
• Coast. Rural land in the coastal influence zone, which measures at least 500 metres from the shoreline (article 30 of the Ley de Costas, the Coastal Act). The protection easement covers the first 100 metres (article 23).
• Livestock routes (vías pecuarias). They are public property of the autonomous community (article 2 of Ley 3/1995, the Livestock Routes Act).
• Others. Buildings in the General Catalogue of Andalusian Historic Heritage (Catálogo General del Patrimonio Histórico de Andalucía), green areas and open spaces.

Licences and AFOs granted in these cases in breach of the planning rules are null and void (article 137.3).

Electricity, water, access and easements

A house with neither a licence nor an AFO cannot connect to basic services (article 173.3). With the AFO, access to water, electricity, gas and drainage can be authorised if only a connection to existing networks is needed (article 174). If more building work is needed to reach them, the AFO does not cover it.

• Ask for the latest electricity and water bills and check whose name they are in.
• If the water comes from a well or an irrigators' community (comunidad de regantes), ask in writing for the authorisation or the water rights.
• Check that access is a public road or a registered right of way (servidumbre de paso). If you cross someone else's land with no right of way, you depend on your neighbour's goodwill.
• Check the nota simple for the easements burdening the property: right of way, water pipes, power lines.

Checklist and what to ask the seller

1. Up-to-date nota simple: owner, charges, easements and coordination with the Catastro.
2. Cadastral reference and the latest IBI (local property tax) receipt.
3. Title deed of purchase and, if there is one, the deed declaring the new build (declaración de obra nueva).
4. Building licence and occupancy licence, or AFO resolution.
5. Class and category of land according to the local plan.
6. Date of completion of each building, with evidence: aerial photographs (ortofotos), Catastro, receipts.
7. SNCZI check and distance to ramblas, the sea and livestock routes.
8. Utility bills and water papers.
9. Access by public road or registered right of way.
10. Energy performance certificate (EPC).

If you would rather we checked it for you, the feasibility report before buying costs from €250 + VAT. It is ready in 3 to 5 working days, depending on how long the town hall takes.

Frequently asked questions

Sources

• Ley 7/2021 (LISTA), consolidated text in the BOE
• LISTA, article 153: time limit to restore legality (Iberley)
• LISTA, article 173: status of asimilado a fuera de ordenación (Iberley)
• LISTA, article 174: effects of the AFO (Iberley)
• LISTA, article 14: rural land (Iberley)
• LISTA, first transitional provision (Iberley)
• Texto Refundido de la Ley de Suelo, article 27 (Iberley)
• Registradores de España: online office of the Land Registry
• Catastro: frequently asked questions on Catastro and Land Registry coordination
• MITECO: National Flood Zone Mapping System
• Texto Refundido de la Ley de Aguas, the Water Act (BOE)
• Ley 22/1988, de Costas, the Coastal Act (BOE)
• Ley 3/1995, de Vías Pecuarias, the Livestock Routes Act (BOE)

This guide is for information; every case needs a check of the local rules.