What does it mean if a home is non-conforming (“fuera de ordenación”) and what happens if I buy it?

Question

José Manuel Alburquerque · Accepted Answer

A home is non-conforming when it was built lawfully, but a later planning scheme conflicts with it and provides for it to disappear, for example because it is to be compulsorily purchased or demolished to make way for a street or a green space. You can buy it and the purchase is valid, but you inherit that situation. In general you will only be able to carry out repair and maintenance work, not work that increases its value. If compulsory purchase goes ahead, you will be paid the value of the building without counting unauthorised improvements. In addition, banks tend to give it a low valuation or refuse to finance it. Non-conforming building or excess volume Catalonia's planning act distinguishes between two situations: Non-conforming. The building conflicts with the new plan and is destined to disappear, because the plan provides for it to be compulsorily purchased or demolished, or for the land to pass to the town council. Excess volume (“volumen disconforme”). The building is not condemned to disappear, but it has more volume than the plan now allows, for example more storeys or greater depth. Both are different from works carried out without a building permit that the town council can no longer order to be demolished because the time limit has passed, which is another matter. In the rest of Spain the concept exists in every autonomous community, with similar names and rules set by each of them. What happens if you buy it The purchase is valid and is registered at the “Registro de la Propiedad”, the Land Registry, but you take on the same planning rights and duties as the seller. In practice: In a non-conforming home, only the repairs required for the hygiene, appearance and upkeep of the building can be carried out. Consolidation, extension or modernisation works that would increase its compulsory purchase value are not allowed, except for some partial consolidation works if neither compulsory purchase nor demolition is planned within five years. A reform at the end of 2021 also allows elements that are hazardous to health, such as asbestos, to be replaced with similar ones. The uses it already had can continue if they are not incompatible with the new plan. With excess volume, considerably more is allowed, such as consolidation and renovation works within the limits of the plan. If compulsory purchase goes ahead, you will be paid the value of the building, but not for improvements made without authorisation. Banks tend to give it a low valuation or refuse to finance it. It will also be harder for you to sell. Spain's national land act requires the deed of sale to state that the building is non-conforming. If this was not done, the buyer can ask, within the following four years, for the sale to be undone and for compensation. Before suing, the law requires an attempt at negotiation. How to check before buying Ask the town council for a planning certificate or report on the property. It will tell you its planning status, whether it is non-conforming or has excess volume and whether there are any open proceedings. Check the planning documents in the Catalan planning register (“Registre de planejament urbanístic de Catalunya”), which anyone can consult on the website of the Generalitat de Catalunya (the Catalan government). Do not rely solely on the land registry extract (“nota simple”), the summary provided by the Land Registry, which may not mention it.