To legalize a rustic house we have to take into account two factors: the municipality where it is located and the documentation that we have of the house, the ways to legalize the house are the following ones:
- Legalization License.
- Assimilation to License.
- Assimilated Out of Ordination.
Each of them is described in detail below;
Legalization License
To qualify for this route, the property must have:
- Architect's project.
- Urban development license.
- First Occupancy License.
Procedure:
The following documents must be submitted to the municipality where the building is located:
- General application form duly completed
- Identification of the owner of the building: name and surname, address, NIF or CIF in the case of an entity.
- Site location
- Project drafted by an architect and approved by his professional association.
- Letter of payment of municipal taxes.
Assimilated to License
Requirements to opt for this route:
- Buildings completed prior to the entry into force of Law 19/1975, of May 2, 1975, on the reform of the Law on the Regime of Land and Urban Planning, and which do not have an urban planning license for their location on undeveloped land.
- Irregular buildings on urban and developable land for which the period for adopting measures to reestablish urban planning legality had elapsed after the entry into force of Law 8/1990, of July 25, 1990, on the Reform of the Urban Planning Regime and Land Valuations.
.
Procedure:
If your home meets the above requirements, you must present the following documents to your city hall:
- General application form duly completed
- Identification of the owner of the building: name and surname, address,
NIF or CIF in the case of an entity. - Location and site plan.
- Proof of payment of fees.
- Technical report from a competent professional stating at least:
- The location of the property with its cadastral and registry reference, if any.
- Headlines.
- The plot on which it is located and if there are undivided participations in the
itself. - Characteristics and dimensions of the buildings and their compliance with the
PGOU, indicating, if applicable, which parameters are not complied with. - Date of completion of building works.
- If after the construction of the building it is known that works have been carried out that
have modified its initial urban conditions (occupation, height, increase of the buildability and number of dwellings). - Water and power supply system.
- Sewage disposal system.
- If it has adequate walkable access.
If it is intended for residential use:
- If the dwelling has a room that performs the functions of living and
rest, a kitchen equipment and a separate bathroom. - That the habitable parts are not located in the basement.
- That the living quarters have natural lighting and ventilation
from an exterior open space or patio, except for bathrooms and auxiliary rooms. - List of the works that should be carried out to comply with the requirements of
habitability, safety and health.
Out-of-Order Assimilation
Eligibility requirements:
- Irregular buildings that are completed, with respect to which
it is not possible to adopt measures to protect urban legality.
or for the reestablishment of the disturbed legal order due to the expiration of the time limit.
for its exercise in accordance with article 185.1 of Law 7/2002, of December 17, 2002.- That is, it was built more than 6 years ago.
- It is not located on protected land.
- It does not have a legality file or it has expired.
Procedure
DECLARATION OF ASSIMILATION TO OUT OF ORDINATION ORDINATION IN NON-URBANIZABLE LAND.
To adopt this procedure you must present the following documents at the town hall of the locality where the building is located:
- General application form duly completed
- Identification of the owner of the building: name and surname, address,
NIF or CIF in the case of an entity. - Technical certification in digital format that accredits:
- Identification of the property on a location plan, indicating the data
registry, if registered in the Land Registry, the reference
cadastral or, failing that, by official cartography referenced, with the
identification of the UTM coordinates. - Description of the building, with an explanation of its compatibility or
non-conformity with the urban planning, with the contribution of the
following drawings:- A location plan on the official cartography of the General Plan at a scale of 1:5,000 or 1:10,000, showing the building to be registered and expressly stating that the building does not encroach on land reserved for general systems, open spaces, green spaces or equipment.
- Plan of the plot of land, dimensioned or surface with indication of the scale (preferably at a scale of 1:5,000).
- Dimensioned plan showing the location of the works with respect to the boundaries of the plot.
- Dimensioned plan for each floor of the building and/or facility with generic distribution and section, in accordance with the work actually executed. These plans will show each of the buildings, works or facilities with differentiated use, with expression of the useful and constructed surfaces.
- A photograph of each of the facades of the work, installation or building from which the constructive state of the same can be deduced, taken in color and minimum size 10 x 15 cm.
- That the soil does not have certain risks of erosion, landslides, landslides, floods, or other natural, technological or other risks.
- If the building has minor non-conformities with the urban planning, the impossibility or very difficult repositioning of the works that infringe the urban planning regulations must be indicated and specified.
- Suitability of the building for the use for which it is intended by meeting the requirements of habitability.
- Works to be carried out on the building to adapt it to the standards of habitability and basic facilities and services, and execution period.
- Basic services should preferably be provided by means of autonomous and sustainable facilities, subject in all cases to the applicable sectorial regulations.
- Exceptionally, basic services may be supplied by means of access to the networks, as long as these are accessible at the foot of the plot and the supplying company accredits the feasibility of the connection.
- Accreditation by the supply companies that it has sufficient electrical power or water flow to supply the building.
- Proof of the date of completion of the building.
DECLARATION OF ASSIMILATED TO OUT OF LAND MANAGEMENT IN UNCONSOLIDATED URBAN LAND
In order to adopt this procedure, the following documents must be submitted to the town hall of the locality where the building is located:
- General application form duly completed
- Identification of the owner of the building: name and surname, address,
NIF or CIF in the case of an entity. - Technical certification in digital format that accredits:
- Identification of the property on a location plan, indicating the data
registry, if registered in the Land Registry, the reference
cadastral or, failing that, by official cartography referenced, with the
identification of the UTM coordinates. - Description of the building, with expression of its compatibility or non-compatibility with urban planning, with the contribution of the
following drawings:- A location plan on the official cartography of the General Plan at a scale of 1:5,000 or 1:10,000, showing the building to be registered and expressly stating that the building does not encroach on land reserved for general systems, open spaces, green spaces or equipment.
- Plan of the plot of land, dimensioned or surface with indication of the scale (preferably at a scale of 1:2,000).
- Dimensioned plan showing the location of the works with respect to the boundaries of the plot.
- Dimensioned plan for each floor of the building and/or facility with generic distribution and section, in accordance with the work actually executed. These plans will show each of the buildings, works or facilities with differentiated use, with expression of the useful and constructed surfaces.
- A photograph of each of the facades of the work, installation or building from which the constructive state of the same can be deduced, taken in color and minimum size 10 x 15 cm.
- If the building has minor non-conformities with the urban planning, the impossibility or very difficult repositioning of the works that infringe the urban planning regulations must be indicated and specified.
- Suitability of the building for its intended use by meeting the requirements of
habitability. - Works to be carried out on the building to adapt it to the standards of habitability and basic facilities and services, and execution period.
- Proof of the date of completion of the building.