What is PGOU ? ( I have not heard of this before today)
Answer provided by a Solicitor about a property on a 2000m2 plot
A PGOU is called in Spanish “Plan General de Ordenacion Urbana”. The PGOU regulates the way in which the properties and constructions are developed in the area from the Town Hall. So, Albatera Town Hall has made a project for a new PGOU. This project has not been approved yet, because, although it is approved locally, it must be approved also in the regional government of Valencia, and that has not been done yet. In fact, nobody knows if it will be approved finally in Valencia (because they can refuse to approve it) or when (In Elche, they needed more than 6 years, and in Crevillente more than 8 years).
If the new PGOU is approved, the area in which the property is will be changed from “rustic” to “urbana”, and the neighbours there could build constructions from a minimum size of land of 1.000 m2, being always independent houses (villas). Please, be informed that at the moment the land is considered as “rustic” and, in rustic land, you need 10.000 m2 to build a house. If a property has less than 10.000 m2 of land you cannot extend the building and you must respect it as it is.
If the new PGOU is approved, you will have the following advantages: -
- You could extend the size of the building. Even building one floor more. -
- If you have 2.000 m2 you could sell a part of your land not already built on. You could have 2 pieces of 1.000 m2 each, and sell one of them (the one without the house) and still keep your house.
- Please, be informed that the value of the land in rustic is very poor, but, if the PGOU is approved, the land will be considered as “urban” and its value could be 5-6 times higher than in rustic.
- Some neighbours in the area are waiting the new PGOU so they can divide their lands, and sell them on the market as investment.
- There will be better access to the area, and better water and electric connections.
- Once the land becomes “urban”, it will be protected against “land grab”.
You will have the following disadvantages:
- Mainly there will be expenses to pay for the improvement of the infrastructure and the urbanization costs.
- In theory, these expenses must be paid by the owners of the land, but it is not clear if the Town Hall will assume some of them but I cannot confirm this.
- The Town Hall says they will respect the constructions already in the area, this is their compromise. The property you have asked about is bordering with a road, which, following the information provided by the Town Hall, will be respected, and not modified. The problem is that we cannot get this information in writing only by consulting the plans of actions written in the plans. And, in the plans which are now included in the project, the road will not be expanded, so, it will not affect your property.
- Unfortunately, as lawyer, I am not in the position to confirm that the road will not be extended, because, I repeat, the new PGOU is not more than a project, and we only have “verbal” information from the Town Hall, because even the Town Hall cannot confirm this. So, I cannot confirm this point now to you. -
I want to be 100% certain this property is 100% legal before I proceed further and need you to confirm this.
I confirm the property is 100 %, as per explained in my property report. The property is duly inscribed in the land registry, has the certificate of habitation, and there are no fines for illegal construction. There are items to include in the deeds like the pool, but these will be properly updated because the vendors have paid an architect, and they will assume expenses of the update of the deeds.
If I wanted to resell my property in the future, is the PGOU likely to be an ongoing issue that could cause me problems in the future?
The PGOU will make changes about infrastructure in the area and improving it. In my personal opinion, it will increase the marketable options from that property, but, this is not more than a “personal” opinion.
What licenses/checks have you done on the property to ensure it is legal ? Is this sufficient ?
I confirm we have done all the searches about the property to get all the information necessary to complete, as explained below: - Land Registry - Catastro - Town Hall- PGOU -
How many properties are affected by PGOU in Albatera?
There could be more than 200 properties affected in the area
Are there any other issues regarding planning in the area that you are aware of that may affect me in the future ?
I can confirm, today, there are not.
What is a 'Cedula Urbanistica' ? Should I have one ?
A “Cedula urbanistica” is a document which confirms the consideration of the land, as “rustic” or as “urbana” in the PGOU. We have the confirmation from the Town Hall that the property is considered as “rustic” in the current PGOU, but in the new PGOU will be considered as “urbana”. We have not applied for this certification so your costs are not increased, but we have this information, but can apply for it if you wish to. The expenses will be of 150 EUR. Just let us know and we will apply for it. -
Could this property be affected by 'land grab' in the future ?
Land grab is an expropriation of properties for a new development. Usually due to expansions of cities, or new urbanizations, or other big infrastructure projects (airport, highways, roads, etc.). Expansions on these areas used to be in rustic land, and not in urbanized areas (which are really built) due to the fact that rustic is not urbanized. One of the reasons the neighbors in the area in which your property is were waiting for the new PGOU was to be considered as “urban”, and avoiding the possibility of eventual land grabs. Their properties are now considered as “rustic”, so, they could be affected by land grab. If the new PGOU is approved, the land will become “urban”, and it will not be affected by the land grab. As explained above, it could see some improvements of urbanization, like roads, electric, etc, which are not confirmed yet. The compromise from the Town Hall is to “respect” the constructions and the ownerships from the citizens living in the area.
What exactly is the 'licencia de segunda ocupacion' and 'habitation license' ?
It is the “certifícate of habitation”. It serves to demonstrate that the construction of the house is legal, and has all the requirements to be used as a “house” (ventilation, wealth, sanitary, etc.). It is needed also to connect the house to water and electric supply.