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.
