The dream of a country house with olive trees, a view and peace and quiet attracts many of our Swedish and international clients on the Costa Blanca. But a large share of the detached houses inland sit on so-called rustic land (suelo rústico or suelo no urbanizable), where entirely different rules apply than for an apartment or villa inside a village. Before you fall in love with the view, there are some things you must check. This article applies specifically to the Valencian Community (Comunidad Valenciana).
Rustic land is not building land
As a general rule, rustic land is not intended for housing. Under the region’s planning law, LOTUP, building a new dwelling on rustic land normally requires a minimum plot size of 10,000 m² (1 hectare) and, in several cases, a special authorisation (Declaración de Interés Comunitario, DIC). If an estate agent tells you that you can “surely extend it” or “add a pool”, that means nothing until it is confirmed in writing by the town hall.
Many houses are “fuera de ordenación”
The Valencian Community has an estimated 350,000 dwellings that were built irregularly on rustic land, outside the building-permit and planning system. Many are in a status known as fuera de ordenación – neither clearly legal nor outright illegal, but in a kind of grey zone. Such a house can usually be lived in, but you may struggle to extend it, to obtain certain mortgages, and in the worst case a residual risk of an enforcement order remains. Some infringements lapse over time, but others in the Valencian Community are not subject to any time limit (for example on protected land).
Can the house be legalised?
There are routes forward. Houses built before 1975 can often be treated as legal through a certificado de antigüedad (certificate of antiquity) issued by an architect, provided the use and type have been preserved. For others, there are collective plans to minimise territorial impact (PEMIT/MIT) under articles 228–231 LOTUP. But this must be investigated before the purchase – not afterwards.
Practical traps beyond the law
Always check: that the Land Registry (Registro de la Propiedad), the cadastre (catastro) and physical reality actually match; whether the land lies in a flood-risk area under PATRICOVA or in a protected natural area; and whether there is legal water, electricity and drainage. Many rustic properties lack mains water and sewerage and rely on a well, solar panels and a septic tank – perfectly possible, but it must be legally connected.
Taxes and costs
Purchase costs are essentially the same as for any resale home: the transfer tax (ITP) plus notary, registration and professional fees, normally around 10–12% on top of the price. Run the numbers for your case with our free calculator: https://colas-abogados.com/verktyg/kopkostnader/
Our advice
Never buy rustic land or a country house without first having an independent lawyer carry out due diligence on the plot’s status, the building’s legality and any prospects for legalisation. We guide Swedish buyers through the whole process in Swedish – read more about our property-purchase service here: Buying property in Spain – legal help with property purchases on the Costa Blanca.
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Web: www.colas-abogados.com