selling agricultural land

Information and questions about the Law in Spain and Andalucia.
ritamargaret
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selling agricultural land

Postby ritamargaret » Thu Aug 27, 2009 12:43 pm

We have some acres of olive groves classed as seco. At the moment, because of this, we understand we can only sell the whole acerage. If it was irrigated we could sell it off in parcelas of 25,000 square metres, but we cannot irrigate the whole plot. Does anyone know if this law/rule will change when the olive subsidy stops in 2014 or is it likely to be a continuous law/rule?

Jool
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Re: selling agricultural land

Postby Jool » Thu Aug 27, 2009 1:20 pm

I think the rule refers to the type of land regardless of EU or spanish olive subsidies..........in which case it would be continuous. Can you check with your local agricultural ingenieros office as they should be able to show you a copy of the relevant laws and best advise you?

ritamargaret
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Re: selling agricultural land

Postby ritamargaret » Fri Aug 28, 2009 10:07 am

Thanyou for that. Where would I find the office you refered to, is it likely to be local or perhaps in Granada?

Jool
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Re: selling agricultural land

Postby Jool » Fri Aug 28, 2009 1:54 pm

Your local town hall should be able to tell you of the nearest one, if not google them or look in Granada......

julian
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Re: selling agricultural land

Postby julian » Fri Aug 28, 2009 5:39 pm

I could be wrong but I think you can segregate secano into plots of 25000m2 upwards,you need a segregation licence, or an informe stating that a segregation licence is not neccessary. and if it´s regadio it can be split into smaller plots

Jool
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Re: selling agricultural land

Postby Jool » Fri Aug 28, 2009 5:51 pm

Julian, I too could be wrong but I always understood it was 10000m2 minimum for regadio and 30000m2 for secano...., irrespective of whether planted with trees or not???

julian
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Re: selling agricultural land

Postby julian » Fri Aug 28, 2009 5:58 pm

maybe it varies depending on the village rules...I know we (or rather our lawyer)managed to split a finca rustica, secano,into 5,smaller fincas, each had to have more than 25000m2, he had to get a certificate from the architecto municipal stating that a segregation licnce was not needed, the notary accepted, and it was registered into 5 fincas in the registry..I know it was a complicated process, but we got there in the end, as I say , maybe each village has it´s own minimum parcela.

ritamargaret
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Re: selling agricultural land

Postby ritamargaret » Sat Aug 29, 2009 11:14 am

thank you both for your replies. It certainly sounds worth following up with our local Town Hall and maybe our lawyer, it would solve a lot of our problems if we could sell off some of our land.

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DavidSearl
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Re: selling agricultural land

Postby DavidSearl » Mon Aug 31, 2009 11:14 am

For Ritamargaret,

The Andalusian urban planning law, the LOUA, "Ley de Ordenación Urbanistica de Andalucía", passed in 1994, prohibits the subdivision of agricultural land and basically any building on it that is not related to the activity. So, just as you say, you can sell the whole piece but not part of it.

All this is more complicated and confusing than the simple statement above, but that is the nut of it. There was a wide variety of local regulations, as mentioned in the various posts here, allowing building on various sizes of secano and regadio plots. No more.

In spite of the LOUA in 1994, there was a sort of hole in the law until 2002, when the national land law was revised, also protecting agricultural land. This gap permitted some of the subdivisions mentioned in the various posts, or at least, let some applications slip through.

Now the 2002 national "Ley de Ordenación Urbanistica" reinforces the Andalusian law and no "segregación" or subdivision is permitted until the land is re-zoned for building.

Good luck with it, David Searl
You and the Law in Spain

ritamargaret
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Re: selling agricultural land

Postby ritamargaret » Fri Sep 04, 2009 2:25 pm

Thank you David, appreciate the update enen though it is not what I wanted to hear, oh well, back to the drawing board.


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