What is the so-called General Development Plan?

The “Plan General de Ordenación” (PGO) or the General Development Plan is a strategic urban planning document. It is the legal instrument, which after analysing the situation of a specific zone, our rural area and the way we live, faces the challenges of the future by means of the appropriate urban planning techniques.

What is the impact of this General Development Plan on my property rights?

Urban planning instruments predetermine, to a certain extent, the status of the property rights. They limit and condition it by this public intervention in determining the legal status of the land.

You can simply be the owner of the most wonderful and unimaginable property in Fuerteventura, and you understand that on that land you can carry out a series of actions that would give value to your property, such as building an access road that allows you to segregate and build several houses, or build a surf camp or a Château, whatever idea you want.

Equally, you have the most wonderful flat in the world in Fuerteventura, and you want to make some changes, close the terrace, extensions, changes of use, put it in holiday rental …. Or a commercial property or any other real estate.

We all think about it and do it…, some without thinking about the consequences.

But no, this property right is limited and conditioned by urban planning, which regulates what you can and cannot do, and therefore your ideas about it are worthless if the urban planning does not cover them.

The link between these two branches of law is essential to understand the rights we acquire when we buy or invest in a property, and it is necessary to seek professional advice.

Did you know that each Spanish autonomous community has its own urban planning regulations?

What happens in Spain, and in particular in the Canary Islands, is that each Spanish autonomous community has its own urban planning regulations.  And that is a lot of laws that become so complicated that it is difficult to understand a complex subject. On many occasions, the rules contradict each other or are misapplied and must be clarified or interpreted by a court in order to apply them.

In addition to this, each island and municipality has its own urban planning which regulates aspects that condition the right to property. And each island/municipality interprets them or has more or less resources to meet the needs of the citizens. Some island/municipal technicians consider one thing and others another, because town planning law is a highly interpretable subject.

Now and then, on the island of Fuerteventura, the urban planning regulations get updated. New rules might be created, adapted to the new laws and to the new social reality

The Local Townhall of La Oliva announced the drafting of a new Plan General de Ordenación (PGO).

Recently the Town Council of La Oliva has approved in the Junta de Gobierno the commission for the drafting of the long-awaited Plan General de Ordenación (PGO). After decades of operating under the limitations of the  Subsidiary Rules dating from the year 2000, La Oliva embarks on the elaboration of a PGO that will promote a more orderly and sustainable urban development in the municipality.

The new General Management Plan of La Oliva aims to update and improve the territorial planning of the municipality, incorporating criteria of sustainability and ecological transition. Once implemented, this plan will mark a significant advance in the urban and environmental management of La Oliva, ensuring an orderly and sustainable development for future generations.

At last they are preparing a new General Plan!

Can these modifications have an impact on my property rights?

When the local Town Hall proposes modifications to the urban planning regulations which affect the criteria of for example the allowed % of buildability, of allowed use of a property, of surface area limits, of contributing to urbanisation costs, etc, all these elements might have a direct impact on your property rights of which you should be aware.

Remember that in this process you will not be called, you must inform yourself and find out about your rights.

Get Expert Advice.

From LAJARES LAW OFFICES we will follow these modifications closely. We will inform and advise you on all urbanistic matters.

LAJARES LAW OFFICES combines the highest quality standards of Property Law with a more than 25 years, deep, professional, broad and expert knowledge of Urban Planning Law in Fuerteventura. We will assist you in making the right decisions.

It is Important to be well advised.