What is DAFO?

1) AFO, SAFO, DAFO: all refer to the same irregular situation of a property on non urban
land.

2) Concept of PLANNING (General Plan)

3) Land-use planning or “ORDENACIÓN” is the general term used for a branch of urban planning encompassing various disciplines which seek to order and regulate land use in an efficient way, thus preventing land-use conflicts.

4) Planning divides the municipality into three categories: URBAN LAND, URBANIZABLE LAND, NON-URBAN LAND.

5) AFO is a juridical classification, not a geographical reference.
It refers to a house that does not form part of the urban area and is not included in a settlement. The law refers to these properties as ISOLATED HOUSES.
Villages without the document called “AVANCE” cannot classify houses as AFO. (Unless they have a PGOU).

6) Properties on the “campo” are either: LEGAL FUERA DE ORDENACIÓN, ASIMILADO FUERA DE ORDENACIÓN or ILLEGAL.

7) LEGAL FUERA DE ORDENACIÓN:
7.1 Built before 1975, not in a state of ruin.
Currently used for the same purpose as it was originally intended for.
Construction has not been modified (niether extended nor reduced).
7.2 House was built AFTER 1975 with full permits, according to the regulations, considered as legal. A new PGOU has since been introduced, and under the new PGOU, the building now fails to fulfil the regulation.

8) ASIMILADO FUERA DE ORDENACIÓN-AFO:
According to the Decree 2/2012:
. All houses built after 1975 for residential use on non urban land;
. With or without building project,
. With or without the permit of the local Town Hall
. Without the specific authorization of the Junta de Andalucía, published in the BOPMA
Are declared:ASIMILADO FUERA ORDENACIÓN.

9) Requirements to meet AFO:
House is considered as an ISOLATED HOUSE and:
House finished more then 6 years ago (Certificado de antigüedad)
Meets minimum standards of safety, accessibility, functionality and health conditions.

10) AFO means:
Your legally obtained permits will be annulled.
You have to present again all drawings of your house with certification of an arquitect (safety, accessibility, health conditions and functionality).
No Licence First Occupation.
Properties without building licence or first occupation couldn’t access the Register of Property until the central government introduced a modification in the law. (RD Ley 8/2011, art.24.4)
No consolidation works are allowed (Mijas Fire). The aim is that the lifetime of your property is reduced to the minimum. Only strict maintenance is allowed (painting and similar).
Your house has no access to a mortgage, making it extremely difficult to sell your property for a decent price. Only cash payers can buy your house. (RD 716/2009 art. 11.d)
The administration has to notify the Register of the Property and your DAFO situation will be added to your Register to ensure that new buyers will have full information about the juridic situation of your house. (You are marked). RD Ley 8/2011 art.25.dos c).
You are entitled to access to basic utilities like water and electricity. (WOW!!!)

11) DAFO Conclusions:
The DAFO procedure was meant for houses that were built ignoring all the legal procedures. It will avoid demolition if the conditions are met.
The Junta never recognized that we acted in good faith, and that the responsibility lies solely with the Local Administration and the Junta. Therefore, we still don’t have a satisfactory solution for our members.

12) ILLEGAL:
House classed as ISOLATED HOUSE
The construction of the house was completed less then 6 years ago.
Built on protected area.

Recent Posts

SOHA AGM report and more

SOHA celebrated the 10th anniversary of its formation at the 2018 AGM last week. The meeting was well attended by members and supporters as well as the Mayor of La Viñuela, José Juan Jiménez López.

Ten years seems a long time to be fighting such injustices, but we have achieved a lot during these years. Many changes in our committee over the years with each person giving their time and input as a volunteer. This of course is still the case and we would remind you all that we always welcome new committee members. Just contact us if you wish to join and help.

In this past decade we have achieved significant changes in national and Andalusian legislation that have almost made the regularization of many homes possible which without action could have received demolition orders. We are still working to protect all properties for our members and supporters and there is still a lot to do.

Philip Smalley expressed his satisfaction with the achievements reached at the AGM although he emphasized that they have been years of “hard work”. Among these, are the important modifications in the Civil Code and the Penal Code to guarantee the compensation prior to the demolition and the amendment to the Law of Urban Planning of Andalusia (LOUA) with respect to the land subdivisions in non-urbanizable land, “results of the that has meant that many non-members of the association, Spanish and foreign, have benefited to be able to sell their properties. ”

One of the major changes that have been achieved, is the reform of article 1964 of the Civil Code of October 2015 in which it was indicated that the license declared null by the courts, but without a definite deadline to demolish, prescribed the 15 years. The change means that now, those personal actions that do not have a special term prescribe after five years. Therefore, after October 2020, administrations will no longer be able to demand demolition for nullity judgments prior to 2015. “After that period, the owner will be able to benefit from the Out-of-Order Assimilate”.

SOHA will continue the work on the behalf of the members of the association and help where possible.

Join SOHA and support your friends and neighbors. Click this link to join or contribute.

Contact us if you can help or if you have questions or require assistance. Click this link to contact us.

Some images from the meeting can be found here.

Report from Axarquiaplus here.

Here is a report from Malaga Hoy in Spanish. Read more.