04 Jun Q: My architect tells me that in Andalusia, I can build a house in the countryside in non-urban areas, just by asking for permission at the local Town Hall (Ayuntamiento). Is it true?
A: This is true, however be careful and be aware of the following particularities:
The law of urban planning of Andalusia (LOUA) does not absolutely prohibit building on undeveloped land, but does establish certain limits to preserve the land adjoining or related to urban development. For this purpose the law focuses on designation or intended use of the building, so that the LOUA authorizes three types of construction on undeveloped land.
Two of these are working buildings and facilities of specific necessity for agricultural, livestock, forestry, hunting or analogous uses for the land, and the third is buildings, structures, works and facilities in which such necessity for the agricultural holding is absent, but where they are expressly provided for in the Municipal General Urban Plan for a special Development Plan; a typical example would be detached houses or villas.
Therefore, it would be necessary that such buildings are not only authorized by the General Plan of Urban Planning, or a special Development Plan, but also that the housing is linked to the agricultural, forestry or livestock-related designation or purpose.