Did you know you may need a military permit to buy a home in Spain?

9 Mar, 2021

BREXIT consequences for British citizens buying property in Fuerteventura

BREXIT has its effect for British residents on buying or selling a property on Fuerteventura, especially if this property is located in so-called “Rural Land”.

In addition to the general changes in the tax and residency consequences for non-EU citizens, there is also a complex procedure which consists of the necessary military authorisation prior to the signing of a deed of sale on this type of land.

Lajares, El Roque, Villaverde, etc, are classified as rustic land and therefore this procedure must be completed.

Based on a Law from 1975?

We are all surprised that a law has been in force since 1975 (https://wLey 8/1975, de 12 de marzo, de zonas e instalaciones de interés para la Defensa Nacional.) can be applied in these modern times, and that a military authorisation can be required from a potential buyer prior to the purchase transaction of a small piece of land.

Certainly, this seems to be alien to normal logic sense in these days of international mobility and circulation but until the moment that this law doesn’t get changed, we can nothing but comply with the law.

This regulation is in force and we must comply with it. If not fulfilled the island’s Public Notaries will not proceed to authorise the deed of sale.

How long does the process take?

This Military Authorisation requires the necessary presentation of several documents like a valid criminal record certificate, the details of the interested party, the details of the property to be acquired, the contract, the cadastral plan,… and the apllication process can take in between 4-6 months before granted, depending on the size of the plot.

Therefore, in addition to the necessary diligence when acquiring a property on the island of Fuerteventura, in which we have to demand all the necessary legal requirements to ensure the legality of the property, we have to incorporate this element that demands attention and that we cannot ignore.

Transformation from rustic land to urban land

There are other nuances to be considered. In theory, in urban land this requirement should not be demanded. Although, according to the law, in some cases in which the transformation of rustic land to urban land has not been informed by the Ministry of Defence, it is possible that the military permit can also be demanded.

How can we help?

At LAJARES LAW OFFICES we are well aware of the criteria applied in Fuerteventura, which sometimes differ in some nuances depending on the Notary or Land Registry where the property is located or on the competent military authority.

Therefore it is necessary, before you decide to sign a purchase offer or a purchase contract, to get the right legal advice in order to avoid further complications.

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