Legal aspects in the purchase of rural estates
The purchase of a rural estate may seem like an attractive investment, but it also involves facing a series of legal challenges that are not always obvious. It is crucial for anyone interested in acquiring this type of property to be aware of the legal aspects surrounding it to avoid costly problems in the future. In this article, we offer an introductory guide that covers the key points you need to know to make a safe and hassle-free purchase.
Rural land transactions are complex due to the specific regulations governing them. It is essential to understand these regulations before formalizing the purchase to protect your interests as a buyer and ensure the transaction complies with all legal requirements.
Regulation of rural land
The regulation of rural land in Spain is determined by Royal Legislative Decree 7/2015 of October 30, which regulates the Land Law. This law grants municipalities and autonomous communities the power to plan and regulate urban development within their territories. This planning includes the classification of land into different types, each with specific regulations.
Municipalities organize the development of their territories considering the needs for population growth, while also preserving areas dedicated to non-urban activities, such as agriculture, livestock, and environmental conservation. Proper land classification is essential to determine the permitted uses and the restrictions that apply.
Types of rural land
The Land Law establishes several types of land that buyers should know before acquiring a rural estate:
- Common rural land: This type of land is intended for agricultural, livestock, and forestry activities. It is the most common type when discussing rural estates.
- Protected rural land: These are lands that the Administration decides to protect due to their ecological, landscape, or environmental value. The activities allowed on this type of land are usually very limited.
- Rural nucleus land: This type of land exists in some municipalities and is similar to urban land but in a rural environment. Although it allows buildings, there are specific regulations for its development.
- Special protection rural land: Each Autonomous Community can establish additional restrictions on this type of land, allowing only certain activities, such as forestry or agricultural use.
Permitted uses on rural land
Rural land allows for a variety of activities, provided they comply with established regulations. Below are some of the most common uses:
- Agriculture: Agricultural activities can be carried out on rural land, including large-scale crops, horticulture, greenhouses, and more.
- Livestock farming: Raising livestock, such as cows, pigs, sheep, and goats, among others, is allowed.
- Forestry activities: In many cases, rural land can be used for planting trees for wood or firewood production.
- Agricultural buildings: Buildings allowed on rural land must be directly linked to agricultural or livestock activities, and they must comply with the regulations of Article 20 of the Land Law, adapting to the landscape and respecting the natural environment.
Additionally, some autonomous communities allow rural land to be used for rural tourism or agritourism, aiming to promote economic development in rural areas. However, it is essential to consult local legislation before proceeding with any construction or development plans.
Limitations on building on rural land
One of the most common questions when considering the purchase of a rural estate is whether it is possible to build a house on that land. Construction on rural land is subject to numerous limitations and is only allowed in certain cases. For isolated homes to be authorized, they must comply with the territorial and urban planning established by local authorities. Additionally, it is important that the construction does not lead to the formation of a population center, as this could be interpreted as an attempt to urbanize.
Furthermore, buildings cannot occupy more than 2% of the total surface area of the estate, and the property must meet the minimum surface requirements established by territorial regulations. This percentage limits the size of the buildings, ensuring that the rural environment is not significantly altered.
Practical tips when buying rural land
Buying rural land is an investment that can present challenges. Therefore, we recommend that you always seek the advice of a professional specialized in real estate law. Below are some useful tips to avoid problems when making this type of purchase:
- Check local regulations: Always consult the specific regulations of the municipality where the land is located to know what activities are allowed.
- Legal inspection of the land: It is important to carry out a legal inspection of the status of existing buildings, if any, to avoid future sanctions or problems with the legalization of the buildings.
- Don’t rely solely on the seller: Even if the seller offers guarantees, always consult with a specialized lawyer who can investigate the land’s history and verify that there are no hidden issues.
Illegal constructions on rural land
One of the main risks when acquiring rural land is the possibility of encountering illegal constructions. In the past, illegal constructions on rural land were protected if five years passed without the Administration taking action. However, with the Law 5/2014 of the Valencian Community, amended in 2019, it is established that there is no prescription period to reverse the illegality on non-urbanizable land.
This means that illegal constructions on rural land could be subject to penalties for up to 15 years, increasing the risk for buyers. Therefore, it is essential to verify the legal status of any building before making a purchase.
Actions on rural land and the Penal Code
Article 319 of the Penal Code establishes penalties for those who carry out unauthorized constructions on non-urbanizable land. This does not only affect large developers or builders but also any individual who decides to build on rural land without the proper permits. It is essential to obtain prior authorization from the competent authorities before carrying out any type of work on this type of land.
In future publications, we will explore in more detail the legal implications of this article and how it may affect rural landowners.
Lawyer Carlos Baño
Purchasing rural land presents opportunities but also significant risks if not properly managed. It is essential to have the advice of experts in real estate law to ensure that all legal aspects are met and avoid problems in the future.
If you are considering buying a rural estate, do not hesitate to contact our Law Firm Carlos Baño to receive the best legal advice.
