Houses can now be built in the countryside, (change of regulations)
Building houses in the countryside that served as a second residence was not allowed in Andalusia until last week, even though there were many houses that proliferated in rural areas of the autonomous community. The reality is that these had to have a use linked to agriculture or livestock to comply with the law, but this changed on Thursday with the regulation that came into force when it was published in the Official Gazette of the Junta de Andalucía (BOJA).
In this way, the new Law for the Promotion of Sustainability of the Andalusian Territory (List) allows for the first time to build a house on rural land as a second residence, although a series of requirements must be met to be able to build said building that are summarized as follows: perfection in article 31, entitled 'Isolated single-family homes not linked'.
Pursuant to article 22.2 of the Law, "isolated single-family homes may be authorized on rustic land not linked to ordinary or extraordinary actions, provided they do not lead to the formation of new settlements" or prevent "the normal development of ordinary uses of rustic land ». Likewise, "homes will require authorization prior to the license" and must also comply with the following parameters and conditions:
a) No more than one isolated single-family dwelling per plot or horizontal divisions will be allowed, except for those with a cortijo, hacienda or similar typology, completed prior to the entry into force of Law 19/1975, of May 2, that prove the existence as of that date of a multi-family use.
b) The plot must have a minimum area of 2.5 hectares and allow the drawing of a circle with a radius of 50 meters inside. The minimum area when the plot is located on forest land will be 5 hectares.
c) The house must be located at a distance of more than 100 meters from any other building for residential use.
d) The surface occupied by the building intended for housing shall not exceed one percent of the plot. In the rest of the surface, the trees, the topography and the natural conditions of the land will be essentially maintained, unless their alteration is necessary for the implementation of ordinary actions. The leveling surface, by clearing or embankment, which is necessary for the execution of the building, will not exceed thirty percent of the surface it occupies.
e) The maximum buildable surface will not exceed one percent of the surface of the property and the maximum height will be two floors, counting the same in accordance with the provisions of the urban planning instruments.
In this way, the new Law for the Promotion of Sustainability of the Andalusian Territory (List) allows for the first time to build a house on rural land as a second residence, although a series of requirements must be met to be able to build said building that are summarized as follows: perfection in article 31, entitled 'Isolated single-family homes not linked'.
Pursuant to article 22.2 of the Law, "isolated single-family homes may be authorized on rustic land not linked to ordinary or extraordinary actions, provided they do not lead to the formation of new settlements" or prevent "the normal development of ordinary uses of rustic land ». Likewise, "homes will require authorization prior to the license" and must also comply with the following parameters and conditions:
a) No more than one isolated single-family dwelling per plot or horizontal divisions will be allowed, except for those with a cortijo, hacienda or similar typology, completed prior to the entry into force of Law 19/1975, of May 2, that prove the existence as of that date of a multi-family use.
b) The plot must have a minimum area of 2.5 hectares and allow the drawing of a circle with a radius of 50 meters inside. The minimum area when the plot is located on forest land will be 5 hectares.
c) The house must be located at a distance of more than 100 meters from any other building for residential use.
d) The surface occupied by the building intended for housing shall not exceed one percent of the plot. In the rest of the surface, the trees, the topography and the natural conditions of the land will be essentially maintained, unless their alteration is necessary for the implementation of ordinary actions. The leveling surface, by clearing or embankment, which is necessary for the execution of the building, will not exceed thirty percent of the surface it occupies.
e) The maximum buildable surface will not exceed one percent of the surface of the property and the maximum height will be two floors, counting the same in accordance with the provisions of the urban planning instruments.
f) The building will have the typological conditions of an isolated single-family home, having to respect a minimum distance of 25 meters to the boundaries of the plot.
g) The basic services required by the home must be guaranteed independently and preferably through self-consumption facilities with renewable energy sources. Exceptionally, the supply will be allowed through the infrastructure networks when they have the corresponding sectoral authorization and for this only the connection works are required.
h) The building will be located outside the flood zones and when it is carried out on forest land, the safety conditions of the population must be guaranteed in case of fire and comply with the conditions established in the forest legislation.
Attention to ordinary uses
In the same way, according to article 22.2 of the Law, the houses will not prevent the normal development of ordinary uses and for this:
a) The construction of the house will be compatible with the development of ordinary uses on the same plot and may not imply the impossibility of materializing the buildings that they demand, in accordance with the determinations of urban planning.
b) Homes that prevent the development of ordinary actions on adjoining farms will not be authorized. For these purposes, the owners of the farms adjoining the object who can assert this circumstance during the prior authorization process will be given a hearing.
It is important to note that, in general terms, beyond the previously detailed requirements, these buildings may be erected "as long as they do not lead to the formation of new settlements" in the outskirts of cities and towns. Likewise, the city councils may not allow them in municipalities where "groups of irregular buildings" occupy an area equal to or greater than 50% of that occupied by urban land.
