The AFO was initially introduced in Andalusia as a means for Local Councils to legalize properties which had been built without the correct licenses. In Spain, when a house is built, it requires a ‘certificate of first occupation’ to formalize its legal status. This certificate confirms all the appropriate planning rules and regulations have been complied with. Without one, a property is essentially in a legal no-man’s-land.
The AFO is the mechanism which was created to overcome this problem. Generally, but not exclusively, AFO’s concern rural property and provide a means to formalize the legal status of, hitherto, non-legalized builds. It may be that the property has no certificate of first occupation, or it has a certificate but has since, had extensions, swimming pools, garages, outbuildings or other structures added, without necessary permission.
Now, it is important to stress that there are many, many houses in Andalusia that do not have AFO´s…….and life goes on! Thankfully, Spain no longer bulldozes properties that do not have planning permission! Those days have passed.
Advantages of an AFO
There are, however, advantages of having an AFO. Principally:
• A property is easier to sell with an AFO
• The property has a higher value with an AFO
• Tourist licenses cannot be obtained without one
• A property without an AFO is not mortgageable
• A property without an AFO may have implications for inheritance
• Water and electric connection (in theory) requires a certificate of first occupancy or an AFO
From my own personal experience, I have found the Spanish are often unconcerned and consider an AFO a piece of unnecessary bureaucracy. The northern Europeans, on the other hand like t´s crossed and i´s dotted, so many will not buy a property without one.
Of course, from a purely monetary perspective, buying a house cheaper, because it has no AFO and then getting the AFO yourself, may well make good sense. It may allow buyers to acquire a house which they could not afford, if it had an AFO in place.
Getting an AFO
I have heard times of 1 to 2 years quoted for the process of acquiring an AFO but here in northern Almeria I have witnessed them being turned around in a few months. Spain is a bureaucratic country sure, and generally wheels turn slowly; an AFO needs a lot of boxes ticking before it is approved. It’s not something you would attempt without help; generally, the first port of call would be a local architect. I have also heard of exorbitant fees being bandied around for the process of obtaining an AFO. Our advice is not to accept the first quotation you get. Anything over €5,000 sounds expensive.
Conclusion
It seems to me the longer you live in Spain the more relaxed you become about legal issues and bureaucracy. Some of the Spanish ´manana´ mentality rubs off on us all, and we worry less. I would say the AFO is a case in point. I am NOT saying people should or should not consider buying a house without an AFO. That really is a personal choice. But what I am saying is, I´ve met many people who haven’t got a AFO or a certificate of first occupation on their property and they really don´t lose sleep over it!
Disclaimer: I am not legally trained, and this article is written from my personal experiences. Please always take legal advice when buying or selling a property.
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AFO Certificate in Spain | Buy Property Malaga | Tejada Solicitors ®