An AFO can sound alarming when you are buying an older property in Andalucía, but it does not necessarily mean there is a serious problem. We explain what an AFO is, why not every country property needs one and the questions you and your lawyer should ask before proceeding.
Nothing to be scared of...
Buying Spanish country property
If you are looking at an older property in Andalucía, particularly in the countryside, somebody may mention an AFO.
Don't panic, it sounds rather more alarming than it needs to!
Planning and documentation irregularities are not unusual in older Spanish properties. The systems and requirements have changed considerably over the years, and an AFO is one of the ways in which the modern system deals with some of that historical reality. That doesn't mean every country property needs an AFO. Many already have the appropriate planning and occupation documentation, such as an LPO, and nothing further is required.
What is an AFO?
AFO stands for Asimilado a Fuera de Ordenación. It is an administrative status through which the position of certain completed buildings with planning irregularities can be formally recognised by the local Town Hall. It doesn't simply make an irregular building legal. It establishes and documents its recognised position and the conditions that apply to it.
For a buyer, that's really the important point. If an AFO is mentioned, it is the cue to ask questions and understand what the position is.
Does the property actually have an AFO?
You may be told that a property has "the AFO paperwork", or that an architect or technician has prepared the documentation. That is not necessarily the same as an AFO having been granted.
The simple question to ask is: has the AFO actually been approved by the Town Hall?
If it has, your lawyer can check the documentation. If an application is still being dealt with, your lawyer can establish the current position and advise you accordingly.
Don't let an AFO question unnecessarily stop you buying a home
An AFO question doesn't necessarily have to stop you making an offer or reserving a property you would like to buy. Being open about the question protects both buyer and seller. The buyer knows what needs to be resolved and the seller knows exactly what the offer or reservation is conditional upon.
Our standard reservation agreement is conditional on the results of the legal searches and due diligence carried out on behalf of the buyer. We are also always happy to include a specific clause covering an AFO or any other particular concern if that gives the buyer additional reassurance. Over the years, we have dealt with many purchases where planning or documentation questions have needed to be investigated. There have been occasions when the right decision has been not to proceed, but in our experience they have been a handful rather than the norm.
Ask questions and understand what you're buying
An AFO is only one of the terms you may encounter when buying a home in Spain. You may also hear about an LPO, planning licences, Property Registry information, Catastro records and other documentation. We cover many of these subjects in our Buyers' Questions section on LPOs and documentation.
You don't need to become an expert in Spanish planning law.
Ask questions, establish the facts and let your lawyer check the documentation and advise you. Our job as estate agents is to be open about the information we have and help buyer and seller find a sensible way forward. Understanding what you're buying is far more useful than being frightened by unfamiliar terminology.
