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AFO: asimilado a fuera de ordenación

AFO (asimilado a fuera de ordenación) is the status Andalusia gives to a building put up without a licence once the deadline to restore planning legality has passed: it can be bought, but it is not legalised.

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What it means when a house is in AFO

The rules are in the Andalusian planning law LISTA (Ley 7/2021, arts. 173 and 174) and the procedure in Decree 550/2022 (arts. 404 to 410). An irregular building, put up without a licence or in breach of the one it had, falls into AFO when it is finished and the authorities can no longer act against it. As a rule that deadline is six years from completion (art. 153.1). There is no deadline in these cases: public land and its protection easements, rural land with natural risks while they persist or in the coastal influence zone, green areas and open spaces, listed heritage and plot divisions on rural land (art. 153.2).

The town hall recognises the status by decision within six months; if it does not answer, the application is deemed refused (art. 173.2).

What matters for a buyer is art. 174: the declaration does not legalise the building. You can buy the house; upkeep, renovation and adaptation works are allowed, with a licence or, if minor, a declaración responsable (Decree 550/2022, art. 410.4), but as a rule not those that increase footprint or volume. Until there is a decision, it cannot be connected to water, electricity or sewerage and no works can be done (art. 173.3); once there is one, utilities can supply it if only a hook-up to existing networks is needed (art. 174.3). The decision is recorded in the Land Registry as a marginal note (art. 174.6), so it shows in the nota simple.

Other regions have similar rules under other names and deadlines; outside Andalusia, ask the town hall. See the risks guide.

How to check an AFO house step by step

  1. Ask the seller for the town hall's AFO decision and read it in full: it must identify the building and state which utilities it may have and on what terms (Decree 550/2022, art. 409).
  2. Get a recent nota simple and check that the AFO marginal note is there and describes the same house and the same plot.
  3. Have an architect compare what is built with the decision: a later pool, porch or annex is not covered.
  4. Ask the town hall whether any planning enforcement or criminal proceedings are open on the property.
  5. If there is no decision yet, check the land class: in the no-deadline cases of art. 153.2 the house cannot get AFO.
  6. If you need a mortgage, talk to the bank before signing the arras: lending depends on its valuation.
  7. Before signing the escritura, take the decision and the nota simple to the notary.

Common mistakes when buying an AFO house

  • Thinking AFO means legal: the law says explicitly that it does not.
  • Buying a house "with AFO in progress" assuming it will be granted: the town hall can refuse, and without a decision there are no utilities and no works.
  • Planning an extension, an extra floor or an annex: works that increase footprint or volume are not allowed.
  • Believing a house recorded in the Land Registry has a licence: an old building can be registered once demolition is time-barred (TRLSRU, art. 28.4), and the town hall then notes its limits.
  • Confusing AFO with the cédula de habitabilidad or with a Catastro entry: neither legalises anything.

AFO versus a licensed new build

AFO concerns houses already built without a licence, mostly on rural land. A new build bought from a developer is the opposite: to sign the new-build deed, the notary requires the building licence and the architect's certificate (TRLSRU, art. 28.1), and the parties to the construction are liable for defects for one, three or ten years depending on the type of defect (the one-year period: builder only) (Ley 38/1999, LOE, art. 17), with compulsory ten-year structural insurance for residential buildings (art. 19 and second additional provision).

A country house in AFO may be cheaper, but while it stays in AFO it cannot be extended, and that decision does not legalise it. Compare it with licensed new builds in the catalogue and work out the total cost with the buying guide.

Sources and legal basis

Glossary of buying property in Spain

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