AFO - Page 2

do not part with a penny that you will never get back!  an AFO is a document that only confirms the building is there and you are not allowed to do any extra building on it.  After being stuck with an illegal property for 16 years that was a brand new build and we only managed to sell to someone who did not care because they intended to stay there for life, their words who knows what life brings?, after a further 3 years they have just got an AFO which cost them and at least means they will not face demolition another possibility if the powers that be decide that is what they want to do.   Look at the Priors in Vera. 

I agree entirely. That is my point, the AFO was introduced because of the amount of the corruption in Andalusia. The Priors went through the process and got permission to build. It was a well published case. In our case it was an old finca, but over the years the size grew,  previous occupiers bought more land but never declared to the hacienda to save a few pennies. It was altered on the escritura however so we thought everything was correct. It's a 20 year long story, but now drawing to very expensive close. Even though it was built before 1975 these same corrupt councils introduced the AFO. These councils insist on every building. They really have not got two brain cells between them. They don't realise this will put investors off buying in this area. Just as a matter of interest the AFO only applies to Andalusia. My son bought in Arragon, not a hint of problems, completion in 10 days. How daft is that.

Don't do it.  Look elsewhere.  4

We bought in Huercal Overa- the AFO was applied for when the sale was agreed in January 2022- there was a delay in the sale and it did not take place till November- there was no AFO but we were told it would be in place shortly. We have been told that the AFO is now ready for collection but we haven’t seen it yet. €5000 was held back from the sale until the AFO was in place but in hindsight I would have asked the solicitor to hold €15-20 thousand if I could

Jane, do not, repeat DO NOT proceed with the sale until the AFO is in place. It is the owners' responsibility at the moment. If you go ahead it then becomes YOUR responsiblity. "99.9% sure" it will be given means it hasn't been so far and more than likely won't ever be or will take a considerable time to do so. If it's 100% certain then why isn't it in place now? This is something the vendors should have sorted before marketing the property - so ask yourself why they didn't do so..... The vendors' solicitor is exactly that - acting for the VENDORS, not you! The fact that your solicitor has flagged this up for you is very significant. Your solicitor may not be telling you what you want to hear, but they are absolutely telling you what you NEED to hear, namely that this situation is a BIG RED WARNING FLAG. In your position I would refuse to complete until/unless the AFO is there. I would also want confirmation of the accuracy of the escritura - which sounds in doubt, plus documented evidence of permission given for any building work already undertaken. If the vendors want to sell, they have to do this. Be prepared to wait or ( I think perferably as there's SO MUCH to doubt or question here) to WALK AWAY. 

Walk away there are plenty of others.

Hi Jane. The problem everyone has now is, all solicitors insist on an AFO because of the junta's new laws. So which ever property you want to buy is going to encounter the same problems. Firstly look at the Nota Simple. This gives details listed in the Hacienda, check this against the Escritura, then you will know exactly what you are buying. The other problem the AFO throws up is the fact you cannot alter the house. There is no law saying you cannot buy the house without an AFO the problem only comes into play when you want to sell. That is what happens when you have dummies in the council.

Seems to me, all the advice given on this forum, is do not buy without the AFO. However it does make more problems than what is was designed to cure. Initially designed for buyers applying for mortgages. In this day and age all solicitors and architects can find out what the property consists of at the touch of a button. If you buy WITH an AFO and make alterations to the house how long is is going to take this totally inept council to alter the escritura and are you going to need a new AFO. If this council keeps on with with this stupidity they will kill the property market in Andalusia, Buyers will not go elsewhere in Spain where there is no AFO.

If you are doing alterations to a property with an AFO in place and you do it correctly i.e getting building permission from the local town hall and paying your fees it is added to the original AFO.

If you read message properly house is only shown as an industrial building, this means it is illegal. End of story.

Hi Jane did you go ahead with the purchase?