Buying land in Spain: what you can build, and what to check first

Buying land in Spain: the three classes of land

Every plot in Spain falls into a class set by the municipal plan, usually the PGOU (Plan General de Ordenación Urbana) or, in smaller towns, older normas subsidiarias. The class matters more than the view, the price or what the agent says.

Names differ by region. Andalucía now uses only urbano and rústico under its LISTA law. Valencia calls rural land suelo no urbanizable. Always ask what your region calls it.

Can you build on rustic land? Minimum plot sizes

This is the question most people who buy rustic land in Spain get wrong. A ruin, a well or a neighbour's villa next door does not mean you can build. Each region sets conditions, and the local plan can be stricter. Two verified examples:

Comunitat Valenciana (Costa Blanca, Valencia)

Under the regional planning law (TRLOTUP), a family house on non-developable land is allowed only "exceptionally", on a single unbroken plot of at least one hectare (10,000 m²) per house, or more if the local plan says so. The building may cover no more than 2% of the plot. You must also show a supply of drinking water and proper waste-water treatment, paid for by you.

Andalucía (Costa del Sol, Almería, inland)

Under the LISTA regulation, a house not linked to farming is an "extraordinary" use needing prior authorisation. According to the Colegio de Arquitectos de Cádiz's summary of the rules, the plot must be at least 2.5 hectares (5 ha on forest land), the house at least 100 metres from other houses and 25 metres from the boundaries, with footprint and built area each capped at 1% of the plot and two storeys at most. Services should run mainly off-grid.

Other regions have their own rules, and some are close to a ban on new houses that aren't linked to farming. Treat any figure you're quoted as a starting point and confirm it with the town hall for the exact plot.

Old houses on rustic land: AFO and legal status

Many country houses (fincas, cortijos, casas de campo) were built or extended without a licence. After a time limit the council can no longer order demolition, but that doesn't make the house legal. In Andalucía such homes can get an AFO declaration (asimilado a fuera de ordenación): they can be used, registered and sold, but extensions are generally not allowed and utility connections can be restricted. Ask the seller for the licence of first occupation, the AFO resolution or an equivalent certificate. Without one, lenders may refuse a mortgage.

Buying a farm in Spain: extra checks

If you're buying a farm in Spain (olive grove, vineyard, orchard), check a few more things:

• Water rights. Irrigation usually depends on a concession or registration with the river basin authority (confederación hidrográfica). By law, an owner can use springs and groundwater on their own land up to 7,000 m³ a year, but not in aquifers declared overexploited without authorisation. Ask for the paperwork and check it passes to you.
• Irrigation community. Many farms belong to a comunidad de regantes, with fees and turns. Ask for a certificate that fees are paid.
• Subsidies and leases. Check whether the land is let to a farmer or tied to EU payments. A rural lease can survive a sale.
• Protected status. Parts of the land may be protected (Natura 2000, cattle tracks called vías pecuarias, riverbanks, the coastline).

Catastro vs land registry: mismatched areas

Spain has two records. The catastro maps the land for tax. The land registry records ownership and charges, which you see on a nota simple. On rural land the two often disagree: a plot registered as 20,000 m² may measure 14,000 m² on the catastro, or a building may appear on one and not the other.

• Compare both areas and the plot outline on the catastro map (sedecatastro.gob.es).
• Walk the boundaries. Old walls and fences don't always match either record.
• If they disagree, the seller can correct it before completion, usually with a surveyor's georeferenced plan. Don't pay for hectares that only exist on paper.
• Check the nota simple for easements (servidumbres), rights of way and charges.

Access and utilities

Access over a neighbour's land isn't guaranteed because a track exists. Ask whether there's a registered right of way (servidumbre de paso) or a public road to the boundary. For power, find out how far the nearest connection is. Bringing electricity across a field can cost more than the land. Check mobile and internet coverage on site if you'll work from there.

Costs and paperwork

Buying land has the same basic costs as buying a home: transfer tax (ITP) on resale plots at the regional rate, notary, registry and legal fees. Plots sold by a developer may carry VAT instead. See our cost of buying property in Spain guide. You'll need an NIE number, and a good property lawyer is worth more on land than on a flat, because the checks are harder.

Once you own land, you'll pay IBI on it every year. Rustic IBI is usually low. If you'd like a second opinion on a specific plot, enter its referencia catastral in our free property check and we'll reply by email.