The AFO - What Is It. Do I Need One?
What is an AFO and When is it Required?
The AFO (Asimilado Fuera de Ordenación) is a legal status in Spain, particularly in Andalusia, for buildings that have been constructed without a permit or in an area where construction is not allowed but which are too old to face demolition under urban planning laws. The AFO designation provides a way to regularize such properties, allowing their owners to access essential services like water and electricity while ensuring that the buildings meet minimum safety and habitability standards.
Below is an overview of key aspects of the AFO process based on frequently asked questions:
1. When Does the AFO Status Apply?
The AFO status applies to any building classified as irregular within Andalusia. These can be situated on urban, developable, or non-developable land and may include isolated buildings or collections of buildings. In reality, AFOs mostly affect country properties in Andalucia whose title deeds do not reflect reality. To be eligible for an AFO, the building:
- must have been completed more than 6 years ago, which should be verified by an architect.
- cannot be located on specially protected land, within coastal influence zones, or in areas of flood risk.
2. What Is A Completed Building?
A building is considered completed when no further work is required for it to serve its intended purpose, other than minimal maintenance or safety repairs. In other words, a house ready for occupation.
3. What is the Legal Status of a Building Without AFO?
Buildings without an AFO remain irregular and may not be able to access essential services such as water, electricity, or gas, although, given that nowadays most of these sevices are provided by private companies, they are not as strict in insisting on this as they were in the past. Just because a property does not have an AFO does not mean it cannot be lived in or even sold (but see below). The vast majority of country properties in Andalucia do not have AFOs and, in most cases, do not need them. Beware the lawyer who insists you need an AFO when the buildings are already fully registered. You will likely not benefit in any way, but he will.
4. The Property Registry?
Most buildings, of all sorts, are already are registered, but their legal status may not be correct. An AFO is often used to convert an agricultural building (nave) which, to all intents and purposes is already a fully fitted home and may have been lived in as such for many years, to a legal dwelling (vivienda). This will greatly assist the owner when he decides to sell as a buyer's lawyer may complicate or veto the purchase of a building whose original licence contained the clause "may not be lived in".
5. Specially Protected Areas
Buildings on specially protected land (such as natural parks, national parks or environmentally sensitive areas) cannot be granted AFO status. Such constructions remain outside the scope of the legal regularization process.
6. Is An AFO Essential?
Much depends on the location of the property. In Málaga province, almost definitely (largely due to the former high levels of corruption where public officials approved construction licences where they should never have ben allowed). Elswhere, if the buildings are already correctly registered why apply for an AFO which can also have negative consequences? Once an AFO is granted there can be no modifications to the buildings. Ever. Only maintenance is permitted. A building without an AFO could be extended illegally and, once 6 years have passed and provided no sanctions have been received, apply for an AFO to include both new and old elements.
7. How do I apply for an AFO
- Hire an architect to assess the building's condition and certify that it meets the necessary safety and habitability standards.
- Submit this certification along with the application to the local municipal authorities.
- Await inspection and approval by the local government, which may include a site visit to verify the documentation provided.
8. How long does it take?
Depends on the local authority. Some have refused to issue AFOs on the basis they have insufficient resources to conduct the necessary work. Typically, though, approximately six months.