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

Spanish Government accused of pushing illegal homes to Britons

A register with details of Spain’s three million empty homes fails to flag all of those earmarked for demolition

he Spanish government has been accused of pushing illegally built homes to British buyers.

The country has an estimated three million homes standing empty due to the property crash that began in 2007.

One million of these may have been built illegally due to rife corruption in the construction industry and town halls which gave permission to build. Many will be demolished.

The Spanish government wants to sell some of the three million vacant homes and runs an online list.

But a report by the Daily Mail suggests many of the homes registered are due for demolition – but fail to state this on the website.

Estate agents are also accused of pushing homes which are illegal and, in some cases, set to be bulldozed.

Join SOHA and fight this injustice here.

The Mail found a remote three-bedroom villa in Andalucia on sale for £64,300, which was due to be knocked down.

Legal experts said it was often impossible to tell if a house had been built illegally.

An attempt by the Spanish minister for development, José Blanco, to sell the merits of buying in Spain in 2011 was criticised by those lumbered with illegal properties.

The roadshow, held in London, aimed to “highlight the strengths of our economy, transparency and legal certainty of our planning legislation”.
An estimated 100,000 Britons have bought homes that have or will be bulldozed.

In many cases, British pensioners have sunk their life savings into a dream home, only to find themselves homeless and penniless.

Pensioners Len and Helen Prior paid €375,000 for a home in Andalucia in 2002. It was demolished in 2008.

Maura Hillen, president of expat campaign group AUAN, told the Mail: “The Spanish government is trying to encourage foreigners to buy in Spain and is claiming it has brought in measures to make it safe to do so. But buying is not down to skill, it’s still luck.”

Among its demands are that any proceedings relating to the possibility of a property being illegal should be on the register and failure to do so would leave the government liable.

Despite the ongoing problems, demand to move to Spain remains high among Britons.

The Foreign Office said 66pc of the enquiries it received at a property abroad conference last month were about Spain, compared to 24pc for France.

It has issued guidance on its website on how Britons can avoid being ripped off.

You can Donate to help SOHA fight against these problems here.

The Spanish government said it had taken steps to ensure that “irregularities in the property market are finally settled”, adding that some reforms have already been introduced and that further legislation would protect potential buyers and those who already own homes in Spain.

Spain’s ambassador to London, Federico Trillo, told the Telegraph in July about his government’s efforts to improve investor confidence. “There has been a strong reaction by the Spanish government in this area,” he said.

“Britons buying overseas properties in Spain is vital for us. The government has sought to clarify the situation, with reforms that have already been introduced and others that are under way, to ensure the legislation protects potential investors and those that already have homes in Spain.”

The new Coastal Law, approved by parliament in May, was aimed at dealing with legislation that made it difficult for owners of seafront homes to refurbish or sell on their homes, and led to examples of expropriation without compensation.

The reforms made it possible to sell on concessions that previously could only be inherited.

The Spanish government has also insisted legislation is under way to legitimise tens of thousands of illegal properties.

It has attempted to bolster demand from other countries outside the EU with the ‘Golden Visa’ system.

It has prompted a 2,500 per cent increase in interest from Middle Eastern buyers in the year to date, compared with the same period in 2012, according to data from Taylor Wimpey España.

Since October 1 2013, any non-EU national coming to Spain with more than €500,000 to invest has been automatically granted a residency permit, which has resulted in increased interest not only from the Middle East, but also from Asia and Russia.

Official data showed foreigner buyers were behind 12pc of all home purchases in the third quarter, from June to September. Britons made up the biggest proportion of these, at 15pc, followed by the French (11.5pc) , Russians (9.35pc). Belgians (7.25pc) and Germans (6.9pc).

Spanish house prices were down 5.4pc on a year earlier, although this was an improvement from last year when prices were falling at an annual rate of nearly 14pc.

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Source; The Telegraph