Revolution or Evolution of the rustic land in Andalusia

New Andalusian Land Law is born

After numerous and reasoned complaints about the urban planning regulations of the Junta de Andalucía, a new Andalusian Land Law is born, in this case very intelligent a priori, since the nomenclature says it all, LISTA Law. However, throughout this year 2022, which is already approaching its zenith, much remains to be discerned.

Among others, in the real estate sector, which is often anchored in the dark past of traders without any values or urban planning preparation, but which performs the work of mediating between the taxpayer and the economic reality of the rustic and urban market, the requests for information and possibilities are far from finding answers in this law, at least for the moment, since we depend on a regulation, which at the time was promised to be ready by the end of the summer.

The reality is far from this promise as we are approaching the marzipan season and Christmas festivities with no clear date on the near horizon.

In this jumble of opinions, laws and the amalgam of detractors and opponents of the law, different questions arise such as:

What is the minimum plot to build a house in the Andalusian countryside?

As of today, the answer is none, since we have to wait for the LISTA Law regulations of December 2021.

What happens if I buy a property that has a ruin, could I rehabilitate it?

The response of some urban planning departments of municipalities in the province of Malaga, which I will not name, is undoubtedly a little disturbing. Since it depends on its proximity to the road or access road to the property and the state of the roof of the ruin, apart from the documentation that we have of the same, since many of these ruins have registry registration and others do not.

In short, actions on rural land are not clearly defined until the final regulation of this LISTA Law is issued.

As for other municipal hallway talk, I have also heard the possibility of building on rustic land parcels smaller than 5,000 square meters that have adjoining dwellings on both sides. Also, the minimum plots will be from 15,000 to 25,000 square meters. This is not definitive either.

On the other hand, as far as urban development is concerned, this much acclaimed law is intended to unblock the already extinct General Urban Development Plans, in order to speed up the controlled and coherent growth of Andalusian municipalities, in addition to creating Intermunicipal Plans to solve the urban development problems of connection between municipalities.

In this regard, and since there is still some freedom of expression, I would like to share a dream that is very difficult to fulfill, as it is to believe and have faith that someone can think beyond a stagnant jurisprudence that only helps to complicate more and more the possibility of making, creating and imagining a different world, protected by the defense of the world against the interests of its inhabitants.

It is true that this law comes with a different spirit of opening the possibility of dialogue between professionals and public bodies, to be able to propose private actions in line with a more sustainable and ecological world, but in my dream, I would like a law that would simplify and give answers to the easy questions of what I can and cannot do in each of the soils of this wonderful land, which is Andalusia. Since this land is the protagonist of the real estate market in our region and therefore a very important asset for each of the Andalusian families.

It is also to be appreciated that our administrations always remember to complicate it even more by involving the municipalities in matters of town planning communication and constant legislation, which makes it necessary to update the real estate consultancy sector and serves to give meaning to our existence. Sincerely, I think that the day will come when the next Law will be to start again from the beginning, since there must be an end behind so many rules.

To sum up, I firmly believe in the regulation of land, since it is a basic necessity and deserves to be protected by the hand of mankind. However, I also understand that if we complicate something, we generate a wave of uncertainty that holds back the masses, turning it into a tool to control the real estate market.

The only thing I would like, is that these laws and regulations come to solve all the doubts that generate in good people who want to give life, value and ultimately functionality to their rustic land, within a legislation consistent with the sacrifices of professionals around the real estate world, especially buyers of urban land, but with a clarity and transparency that clearly reflects the answer to What can I do and what can’t I do with my rustic land in Andalusia?

Author: Charly García


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