How can a property be illegal? Well, in its simplest form it was built without planning permission or a completion certificate. Not only can you find this type of property in towns but also in the countryside and it is the countryside which I am going to deal with here.

Many prospective purchasers think that buying in the countryside is safer than buying in a town. That is definitely not the case. A purchase on rustic land can be very much more complicated.

Land in Spain falls in to five main categories Urbano Consolidado, Urbano no Consolidado, Urbanizable, No Urbanizable de Regimen General, no urbanizable especialmente protegido. However, the Land Registry only consider two categories Urbano (Urban) or Rustico (Rustic). A property should only carry the name Urbana when the owners have provided to the Land Registry a Cedula urbanistica to prove that the property is in a place classified by the urban plan as urbano consolidado or urbano no consolidado. In an area deemed urbano no consolidado you cannot build or apply for planning permission until the owners have paid the urbanisation fees and the area has been converted to urbano consolidado. The only way of knowing that a property is legal is applying for a cédula urbanística at the Office of Urbanismo in the Townhall. This should show that the area is already classified as urbano consolidado and is provided with the compulsory building licenses/ permits called “Licencia de Obras” and “Licencia de Primera Ocupación”.

Things are not so simple with rustic land though. Rustic land is land outside of ordination. It means that it cannot be urbanised so there can be no plans for urbanisations or development of the land and minimum plot sizes are laid down by the national government not the local government.

Rustic land falls in to three categories protected land, restricted land and building land. It does not therefore follow that if you buy the minimum size of land for building that you will be allowed to build.

Protected land for instance is land containing animals or birds, plants or trees of particular interest. It could be forest or wetland and if you build within it expect to be smacked very hard by the government. Not to mention that any actions raised against a property on protected land can never be lifted as they have no time limit. So it is a bit like playing Russian Roulette, just sitting waiting to see if the bulldozer turns up this year or next year.

With rustic land the land sizes for building are much larger than with urban land. The plot sizes were layed out in the The Unidad Mínima de Cultivo in Andalucía is based in the Ley 19/1995, de 4 de julio, de Modernización de las Explotaciones Agrarias (LMEA) and the Resolución de 4 de noviembre de 1996, de la D.G. de Regadios y Estructuras. A minimum plot size for dry land in Andalucia is 30,000M2 and for irrigated land 2500M2. Moreover, you must demonstrate that the building you intend to put there is strictly necessary i.e. for agriculture or breeding cattle or that the building will be considered of public interest such as a camp site or perhaps a business related to nature.

You do of course get a lot of properties classed as rustic for sale on much smaller plots of say 1000M2 or 2000M2. These came about because the plots were split before the legislation of 1996 came in to being but anything constructed after 1996 must be on the correct plot size.

It has long been the habit of a very small number of agents to say that if a country property is over 20/25 years of age it does not need planning permission or a completion certificate but everything constructed after 1975 requires planning permission whether it is urbano or rustico. Some tell clients that if there was an original old building on the site predating 1975 the remainder of the new build is automatically legal. That is not the case. Only the original building is legal, the extension is illegal.

The ley Decreto 2/2012 de 10 de enero governs all structures on rustic land in Andalucia. It lays out what you can do with everything from an abandoned ruin to a newly built rural hotel. What is accepted as an existing structure and may open the door to develop the site varies from area to area so you need to do your homework and get some good advice.

In addition to actual building permissions, you must also consider that the boundaries of rustic properties can be fluid to say the least. It is not uncommon for the boundaries described in the deeds (Escritura) , the nota simple (public deed) and the Catastro (used for working out your rates) to differ. This is something you must be very sure about before you buy and a good solicitor will be able to help you with this.

In addition you need to be sure about water rights. Is the well for you only or shared with another agricultural area or house. Does it have enough good clean water for 12 months of the year. Is it in good condition or are chemicals or effluent from other surrounding properties leeching in to it through old or broken walls. You must check if the well is legalised and the rights of those who can take water from it must be shown in the Nota Simple. Anyone with rights to water must be registered at the Land Registry otherwise, a new owner is not obliged to recognise their right.

Is the electricity supply an agricultural supply and therefore not suitable for a dwelling house?

Do you have clearly defined rights of access to the property? You do not want to find that the lane leading to the house is actually the property of the dear sweet old lady next door and when she shuffles her mortal coil her two bruisers of sons who do not practise the “love thy neighbour” part of the bible, build a wall across your only means of access. Likewise, rights of access must be registered at the land registry. If they do not appear in the Nota simple, a new owner is not obliged to respect that right in accordance with article 32 Ley Hipotecaria.

Another thing to consider is flooding. A lot of farm land floods from time to time and while the radishes and carrots might like a bit of water, having your home flooded out with brown silt is probably not what you need. This is something which you can check out at the Urban Planning Department where they keep plans of flood areas.

We have all heard the stories of people wakening up in their new home to the sound of goat bells and a very charming goat herder making their way through the garden and vegetable patch with a heard of 40 goats. It does raise a smile but if your property is on a drovers road then beware. Drovers roads are ancient rights of way and classed as public domain. Individuals cannot buy or sell such land and the authorities can ask for it back at any time. So make sure you get a stout pair of shoes as you will also have to visit the Consejería de Medio Ambiente of the Junta de Andalucía to check this out.

Never forget that the best case scenario when buying rustic property for residential purposes is that, after having confirmed that any actions against the property have expired, you can apply for a building license NOT to make improvements or build extensions which would increase the value, but only to preserve the house in its current condition. The only exceptions being, if you can show that you are using the property for agricultural use/breeding cattle and the alterations are strictly necessary for that purpose or you are providing a public facility. Be under no illusions, this will take years, a lot of pen pushing and lot of money not to mention heartache.

There is a lot to consider with a rustic purchase but it brings its rewards such an open view and peace and quiet with only the bird song to keep you company but it needs a lot more work and investigation than buying in an urban area. While the purchase and renovation of rustic property might make for a blockbuster storyline on celluloid or a top selling novel, in reality, it is a very dangerous and difficult pursuit.

Finally, remember that the value of land is greatly affected if it is rustic. A plot of urban land which can have a house built on it fully legally has a higher value because it is flexible in its use. A plot of rustic land if it is not the full legal minimum size has a limited use and value and sadly that also affects houses which have been built on undersized rustic plots. A rustic plot of land with no chance of planning permission is only any use for growing lechuga (lettuce). So unless you want to become a lettuce farmer, be exceptionally careful when you buy rustic land. Get a good solicitor and remember knowledge is power and the more you know the safer you will be.