AFO DOES NOT LEGALIZE A HOUSE

[palminspain]

A PROPERTY WITH AFO HAS SOME LIMITATIONS

Unlike a completely legal property, A property with AFO has some limitations. One of the is defined by Article 410 Point 4 with the following text:

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LISTA LAW OF JUNTA DE ANDALUCÍA Approved by PP, Article 410 Point 4

Spanish:

"No podrá autorizarse usos y obras que supongan un incremento de la ocupación o del volumen edificado o que conlleven nuevos incumplimientos de las determinaciones de la ordenación territorial y urbanística."

English:

"Uses and works that entail an increase in occupancy or edified volume may not be authorized..."

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What does this mean? For example, a house with AFO (independient if It is urban land not consolidated as in Arboleas or rustic land as other towns) cant make extension works to extend the house legally.

This is easy to check. You can ask a lawyer this question or request this type of license in your town hall (Arboleas, Zurgena, Albox, Partaloa...). The town hall will never give you this type of license for an AFO, because this type of construction project is not legal for an AFO. I invite you to do this test. You can only extend legally a house totally legal.

Roger knows this restriction perfectly:

Roger (August 11, 2020): "The drawback with the afo route is that in the future the town hall could stop you adding to the property (although many have done so without a license)." - LINK

Roger (july 19, 2020): "It would be up to the Town Hall whether or not to prevent owners expanding their property (within existing building regulations) which many have already done without licences from the Town Hall." - LINK

Roger (august 8, 2020): "You can either wait for legalization (if it ever happens) and pay a lot of money. Or you can get your documents quickly at a slightly cheaper cost and accept that there could be a future problem to expand the property. Individual choice." - LINK

For this reason, an AFO is not the same that a house totally legal as Roger says in some of his posts.

The AFO is an intermediate solution between ilegal house and totally legal house.

What need a property with AFO to be completely legal and have all the rights? The property must be in urban consolidated land. With the ARI development in Arboleas, the current urban not consolidated land change to urban consolidated land. Remember that most of AFOs in Arboleas is on urban not consolidated land while in other towns they are on rustic land (this is worse)

Who should pay the costs? The builders as the original owners, but this is the big problem now... But remember, If You make the AFO, you are the owner now and you must pay part of the future urbanization costs. This is the law, independently you live in Arboleas, Zurgena or any town in Andalucia.

An AFO can be a great solution for many people due to its speed, but It does not the end of the urbanistic process in any town of Andalucia.

About the real estate market, obviously, an AFO has less value but you can also get good value as Roger said:

Roger: "Is an AFO property worth less than a fully legal one, both with all documents? Probably but no-one knows by how much." - LINK

On the other hand, if you already have a fully built house, the restriction of extend your house does not affect you.

Recommendation: If you are tired of waiting, do an AFO and sell the property. You will earn less money because it is not a completely legal house, but the money you do not earn can be compensated with the money you would have to pay for the development costs of the area. In the other case, if you can wait, the ARI can be the best solution, because the builder must pay the costs. Anyway, you can make an AFO when you want, but be careful with the costs, ask about it beforehand. The worst choice due to their costs is make an AFO and then make the ARI.

[palminspain]

I write this post to clarify the information about different aspects of AFO that Roger publish in this fórum and that they are not true.

- The AFO doesnt legalize your house –

Yes, the AFO doesnt legalize your house. You Roger and and your lawyer friends are lying all this time about this situation. The law is very clear in this point, any lawyer know it perfectly. Have you ever read the law?

LISTA LAW OF JUNTA DE ANDALUCÍA, Article 410 Point 1

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Spanish

"1. La declaración de asimilado a fuera de ordenación de una edificación irregular es un acto reglado que no supone su legalización, ni produce efectos sobre aquellos otros procedimientos administrativos o resoluciones judiciales a los que hubiera dado lugar la actuación realizada en contra del ordenamiento jurídico"

English

"1. The declaration of assimilated out of order is a regulated act that does not imply its legalization, nor does it produce effects on those other administrative procedures or judicial resolutions to which the action carried out against the legal system would have given rise."

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THIS IS THE LAW!! THIS IS A FACT!!

You can read this in this link, page 289, Article 410 - LINK

Also, in the FAQ page about AFO in the Junta de Andalucía Website, the four question - LINK

Roger don't play with people's hopes and fears anymore. You've been fooling around on this issue too time.

When you declare an AFO on your house, you are acknowledging that your house was built illegally but It was not demolished in six years. After 6 years, an illegal construction can be declared AFO. With the AFO you can get the Escritura (deeds) and the property, but the afo does not completely resolve the illegal situation.

If you compare an AFO house with a House totally legal, AFO housing has fewer rights than a completely legal house (on urban land), and the most important, an AFO must contribute and defray the corresponding urbanization costs of the area in which it is located when this area is urbanized. This important point is for Arboleas, Zurgena, Albox or another town in Andalucía. This is the law Roger, you knows it perfectly, and the lawyers also, and you are liying all this time.

For this reason, an AFO has less value than house totally legal in the Real Estate Market, because the has to pay the future urbanization costs and it does not have full rights.

Anyway, most of those affected are looking for ownership of their house and plot, so an AFO is enough to get it, but don't lie Roger. All houses with AFO in Andalusia will have to pay the urbanization costs sooner or later. On the other hand, if you have your plot fully constructed (house, pool, garage, etc), the limited rights of the afo do not affect you that much, but you have to pay always the future urbanization costs.

Due to this, the former government developed innovation 14, to transform rural land into urban land, the only way to have a house totally legal. In this way, the illegal houses became on unconsolidated urban land, and from that moment, the houses are not illegal.

It is important to clarify that innovation 14 establishes the urban planning bases and requirements to develop areas with illegal houses. That is, without innovation 14 your house would be illegal, but by converting the land into unconsolidated urban land, the property must contribute to the urbanization costs of that area. There cannot be one without the other.


For this reason the innovation 14 is so important, but obviously, the owners of the houses/plot must contribute to the costs of the new situation. The same thing happens with AFOS on unconsolidated urban land.

And another important detail, if you have an AFO you are the owner and you have to pay these urbanization costs. On the other hand, If the land or house is still property of the builder, the builder is the one who has to pay. This detail is important especially for the Requenas, but if the builder does not want to pay, we have a problem...

And one last important detail. The AFO is not a solution to all problems as some people say in this forum. Most of the big problems are due to the fact that the builders did not do things well and they have blocked the ARIs and AFO processes. For example, Roger recommends AFO, but the PROMAR neighbors of los torres with AFO have been waiting for years to have their deeds because their builder do not collaborate or has embargo. If the builder does not collaborate and he dont remove embargo, it is difficult for everything to go well.

Recommendation: If you are tired of waiting, do an AFO and sell. You will earn less money because it is not a completely legal house, but the money you do not earn can be compensated with the money you would have to pay for the development costs of the area. In the other case, if you can wait, the ARI can be the best solution, because the builder must pay the costs. Anyway, you can make an AFO when you want, but be careful with the costs, ask about it beforehand. The worst choice due to their costs is make an AFO and then make the ARI.

PD: I can't believe no promoter was sued at all this time. I think that if the people scammed had been young people and not old people, everything would be different, but they have taken advantage of their situation. All this is a big shame.