Land Classification on Selling

We are seeing an increasing number of queries regarding charges being levelled/deducted from the selling price of residents properties.

It appears some solicitors do not understand!

Since our PGOU was agreed all land in our municipality, can be seen on the plan, and the lands designation within that plan dictates what the standing of the land is. In essence the land upon which your property stands is shown as either urban, urbanisable or rural. The vast majority of homes are now on the first two designations and those which are urbanisable are going through the lengthy process of consolidation (a process to ensure all legal infrastructure is in place). The first tranche of over 200 should be completed in the next five months. The next 6 areas have had the work started to complete their consolidation but it will probably be a year or more away.

The reason for this post really is to make people, who are selling, aware of the likely financial implications of these designations. In my case my property was urbanisable meaning that some time in the future there may be a cost to the occupant to complete the consolidation. I therefore agreed to the solicitor withholding €5000 for any such future costs. It was not mandatory but most solicitors are including this in negotiations.

However if yours is one of the few which is classified as being on rural land it cannot be urbanised and therefore can never attract a cost for consolidation. The route for owners of such properties is to obtain an AFO (Asimilado Fuera de Ordenacion) which translated is a certificate confirming the legal status of the property but outside of urbanisable areas. Under no circumstances, that I know of, should solicitors be withholding money for future consolidation on properties which cannot be consolidated. 

The property is either urbanisable whereby a retention can be asked for or it is rural where it cannot. If you are concerned about the classification of your land we can easily check it for you.