Nowadays, and in accordance with the currently applicable law, buyers, or their legal representative, require that the property to buy meets certain requirements such as being up dated with payment of all taxes and any other community or services bills.

In addition, the property must have the Energy Efficiency Certificate. Since the one of June 2013 any construction, with very few exceptions, which are to be put on the market, either for sale or for rent, privately or by an agency, must have their energy rating and must also be advertised with it.

Focusing on the properties built in the countryside, we must take into account the Certificate 'de fuera de ordenación', known as AFO - according to Decree 2/2012 10 January of Junta de Andalucia : a certificate issued by the townhall similar to the license of first occupation, but applied to properties built in the countryside with no building license and which are not entilted to get it, i.e. 99% of the existing buildings in the countryside in the Andalusian region.

To obtain the certificate AFO, the property must comply with the requirements established by the mentioned Decree, and the granting of which gives the buyer technical and legal guarantee that the property will not mean a headache in these terms.

Legal, because by means of this certificate, the authorities acknowledge the existence of the construction and guarantee they will not open any record against it, in addition to the right to water and electricity services to be connected if they are available in the area.

Technically the property is guaranteed by the certificate drawn up by an architect, necessary for the granting of the AFO.

It is important for the seller to have the 'asimilado a fuera de ordenación' or having the technical and legal requirements to obtain it, as the property would be in a better position with respect to others which do not have the certificate, nor has the necessary requirements to obtain.

We know, from experience, the 50% of sales fall by default in the documentation of the property. Having the documentation required in each case facilitates the transaction, doubtless.


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