Registering a property on Rustic land

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nstead
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Registering a property on Rustic land

Post by nstead »

We've been trying to get our Villa registered. The problem is that it seems to be impossible to get a "licencia de occupacion", since the property is not in an official urbanisation.

The property is in tiny village of around 20 properties, all of which were built over. 30 years ago. We have "aqua de campo" rather than mains water, and mains electric, but no street lighting, or asphalted streets.

The local ayunamiento has no idea about Registering Viviendas Turisticas, but has told us that the only way to get an occupation license is if all the residents agree that they want the village to be urbanised - that's never going to happen.

Has anyone else had similar problems?
costa-brava
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Post by costa-brava »

Not my patch of the woods but from what I know of the situation I would rate your possibilities of getting official as less than 1%.
You can't generally get any documents other than land ownership if a property has never gone through any urban process. A lot of people are in this position in the Delta of the River Ebro (Catalunya).
What do you have by way of ownership documents? Not being nosey, it's just that you need to declare your income. Can you do this without a "referencia catastral"?
Your heading of the post says, "registering a property on rustic land". Rustic land is much the same as "green belt" in the UK. That means you can NEVER get the building registered unless this classification is changed to "urbano".
nstead
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Post by nstead »

Oh, we have a Referencia Catastral, and we pay taxes. But we don't have a Licencia de Ocupación.

Our local Ayuntamiento has said that they don't see a problem with us renting the property - but they don't even seem to be aware of the requirements for a tourist licence.

Seems strange that the forms for registering a Vivienda Turística has check boxes for Rustic land, if it's impossible to get a license of occupation for such properties!
costa-brava
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Post by costa-brava »

I haven't seen the form you speak of but check you're not mixing "rural" and "rustic".
There was another post a couple of weeks ago about this. They are not the same.
Vivienda Rural is a tourist classification. Terreno rustico is green belt land that can't be built on. If you have a building on land that is classified as rustic I can't imagine any way you'd get a "licencia de Ocupacion". The two things are contradictory.
In your position I'd be careful about sleeping dogs lying etc. You could end up with a demolition order!!
nstead
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Post by nstead »

Yes, you're right - the form has "rural", not rustic. (Although I'm not clear what defines a Vivienda as rural).

Given that there are around 20 properties, all of which have been in place for at least 20 years, and which have electricity and water, it seems unlikely that the ayunamiento would demand that they all be demolished. The local Council also collects rubbish, and we pay IBI.
costa-brava
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Post by costa-brava »

Hello again
If the buildings were built many, many years ago, before the days of property registers you'll be totally OK but have problems getting registered. If they were built in the last 30 years on rustic land there is a very high possibility that they were built illegally.
But this doesn't make sense if you are paying IBI. To calculate the IBI you need a "valor catastral" rateable value and for that you need a "referencia catastral".
If you have that reference you should be able to get an "arquitecto tecnico" to do a "cedula de habitabilidad".
Take a look at your last IBI receipt for the castastral reference number then go to this site:
https://www1.sedecatastro.gob.es/CYCBie ... queda.aspx
Put in the number and you'll get the official details of your property. Click on "datos de consulta descriptiva". If it is only land that is registered you will get the number of square metres of "suelo". If you have a house registered it will show the metres of "vivienda". If you don't have that I would strongly recommend that you stop stirring things up.
If you are not sure you can scan your IBI receipt and attach it to your next post and I'll take a look for you. I think there are quite a number of others who are needing the information that you are seeking.
nstead
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Location: Lliria, Valencia, Spain
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Post by nstead »

Thanks for the link - very useful!

Our copia simple shows two Referencias - one Urban and one Rústica.

Entering them into the website shows that the house itself and the pool, is indeed "Urbano" (although there is a small extension that was obviously built prior to us buying it), while the surrounding land is Rustica.

So I'm guessing that we may be able to get an occupation license after all - although we understand that the lack of agua potable might be a problem (we have agua del pozo).
costa-brava
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Post by costa-brava »

You might have problems with the pozo and presumable you also have a septic tank for the sewage. I think nowadays that might be a problem. Best to check with a local surveyor (not one from the internet). He is called "arquitecto tecnico" or "aparejador". He will give you anwsers before getting involved in costs.
If he/she does the inspection it should cost about €125 (unless he has to travel miles in which case he'll add mileage). Then to register the cedula will cost about €50 more.
When a house is new (and legally built) it has a certificate of first habitation and this is registered in the town hall. But it only has a life of 15 years. After that the surveyor does the "cedula de habitabilidad" which also has a life of 15 years. But instead of the town hall it is registered with the department of industry. They may do a subsequent visit to check up on the surveyor.
Good luck. It really is worth getting it sorted if you can because you will not be able to sell it as a liveable house in the future.
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