Buying a campo house with no escritura

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igloomax9
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Buying a campo house with no escritura

Postby igloomax9 » Tue Sep 10, 2019 10:47 am

Hi Forum
I've been in Andalucia for nearly two years now and own two townhouses that I am reforming in an old town area of one of the coastal towns. So, I'm up to speed with urban purchasing legalities, obtaining work licences, etc. I currently have a deal in place to rent to buy a small, old campo property which is in a reasonably, but not necessarily legally habitable condition. It would need some internal reform work. The issue is that it has no escritura and sits on land owned by a co-operativo. I would become a member of the co-op in order to complete the sale. The property is registered at Catastro, but records an upper floor (mezzanine) which is currently not in place and half of the ground floor as an almacen. The property is connected to mains electricity and water supply, but with a pozo negro. I've seen an IBI receipt and a sales contract from 1992 when the current owners purchased it. Personally, I've owned my own businesses. So, I'm not risk averse. However, I obviously want to both minimise the risks and mitigate against them where I can. Anybody gone through a similar experience and lived to tell the tale? Any thoughts on the risks / liabilities I might face? Chances of getting an escritura produced for the building? Or the requirement to pay for an AFO imposed? Etc. (I understand what any future sale, rental and loan finance issues might be). Thanks.

Beachcomber
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Re: Buying a campo house with no escritura

Postby Beachcomber » Tue Sep 10, 2019 11:20 am

This sounds as though the land is pro-indiviso see this thread:

viewtopic.php?f=1&t=7693&hilit=indiviso

The thread is very old but is still pertinent.

The property may have electricity and water but when you try to change the contracts into your name you will hit a brick wall because you will need either a licence of first occupation or an AFO both of which would probably be out of the question but the worst part of all this is becoming liable for someone else's debt if another member of the 'co-operative' gets into financial difficulty.

igloomax9
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Re: Buying a campo house with no escritura

Postby igloomax9 » Tue Sep 10, 2019 3:17 pm

Thanks for replying and posting the link. That's v useful. I had certainly thought about the liability risk of the co-operativa set up. I understand, too, about potential issues with utilities transfer, although I'm told a letter from the Town Hall might resolve this. I'd agree that an LFO would be out of the question, but I thought that an AFO would be possible albeit one which could come with some serious costs. Why do you think the AFO might not be possible? And do you know if the requirement for an AFO can be imposed upon a property? Aside from the bureaucratic burden, I'm trying to get a feel for what extra costs I might be setting myself up for. Cheers

ashtondav
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Re: Buying a campo house with no escritura

Postby ashtondav » Tue Sep 10, 2019 4:31 pm

It’s a DAFO

Beachcomber
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Re: Buying a campo house with no escritura

Postby Beachcomber » Tue Sep 10, 2019 7:34 pm

Not necessarily:

https://www.berdaguerabogados.com/what- ... -need-one/

https://decottalaw.com/licences-for-rur ... -in-spain/

https://propertyinspaingroup.com/what-is-the-afo/

See also

viewtopic.php?f=22&t=38613&p=382343&hilit=dafto#p382343

To the OP, these web sites will give you quite a lot of information about whether, or not, you will be able to obtain an AFO but they are NOT recommendations. You would need to produce comprehensive plans and install a proper septic tank. The property would need its own electricity and water contracts and not piggy-backed illegally from the supply of one of the other members of the 'co-operative' and it must not be situated on protected land.

To sum up
Beachcomber wrote:Whatever they want to call it (AFO, DAFO, SAFO, RAFO or even a 'DAFTO') it is nothing more than a legitimised scam to part as many people as possible from their money...

igloomax9
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Re: Buying a campo house with no escritura

Postby igloomax9 » Tue Sep 17, 2019 9:38 am

Thanks for the links Beachcomber. I understand about drawing up plans, septic tank, etc. and I have requested sight of the the latest utility bills to verify supply. One further question for you, as a general internet search is failing me: how do I find out if the the property is on protected land? Cheers

Beachcomber
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Re: Buying a campo house with no escritura

Postby Beachcomber » Tue Sep 17, 2019 11:00 am

There is sometimes a link to a map on the town hall web site. Try looking for PGOU. Failing that you will need to ask at the town hall.

igloomax9
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Re: Buying a campo house with no escritura

Postby igloomax9 » Fri Sep 20, 2019 9:25 am

Thanks :-)

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spanish_lad
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Re: Buying a campo house with no escritura

Postby spanish_lad » Mon Sep 23, 2019 6:41 pm

the catastro also shows such information, if you know where the house is and can find it on the catastro map
Alhaurin el Grande since 99, working at the airport since 2011.

yagosuar
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Re: Buying a campo house with no escritura

Postby yagosuar » Tue Sep 24, 2019 10:10 pm

Not sure I've understood all the details, but from what I know the house must have been fully built at least 6 years ago to be eligible for Dafo. See article:
https://tejadasolicitors.com/buy-proper ... ate-spain/


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