Legal tip 328. Farm houses- a business and a home II
Friday, August 6, 2010 @ 12:50 PM
Your farm will obviously be located in non building or rural land. Under a Planning Law point of view houses on non building land can basically be under these two different situations:
- A house for uses allowed for the Planning regulations: related to agriculture, forestry, hunting, etc ... Constructions of buildings associated with the activity itself to be developed in the soil are allowed. This includes housing, provided such residence is also linked to the operation of the farm. Planning regulations always set a limit in order to impede that new urban settlements arise.
- The second situation our house can be is not linked to agriculture, forest, hunting… but just linked to the use of purely residential housing. Circumstances which may have conducted to the existence of these units are very varied, such as caducity of an administrative sanction or allowance by the Local planning regulations for the existence of the same. These buildings are included within a special regime under which there are a number of limitations on the use of the home. These limitations revolve around the inability to work enlargement of the building and perform general restructuring of the same. Just refurbishment and restructuring works are allowed.
As a conclusion: a house in non building land does not necessarily has to be ilegal, every single one has its own planning regime applicable, therefore, an individual research on planning regulations applicable to each one of them is always necessary.
More on your farm-house in Spain tomorrow.
Best regards,
Maria
Tarifa Beach by Roberto Carlos Pecino at Flickr.com