Town Planning and Property Law in Fuerteventura.

22 Aug, 2022

Owning a property is not only a question of Property Law, but knowledge of the Urban Planning Regulations is also essential! The Urban Development plans.

In a certain way the Urban planning instruments predetermine the status of the property rights. They limit and by this public intervention in determining the legal status of land.

You can be the owner of the most wonderful property in Fuerteventura and on this specific property several actions are allowed, which might raise the value of your property, as for example the implementation of an access road which allows to segregate your plot and to construct several houses, or which allows building a surf-camp, or to build a Château, any idea you think about. 

On the other hand, you can own the most wonderful apartment in Fuerteventura, and you want to make some changes to your property, for example closing the terrace space, extending the property, changing the main use of the property, convert it into a holiday rental accommodation,…. You might think about it and start realizing it, some of us maybe without thinking about the consequences. Be aware that you can’t undertake these actions without getting legal advice priory, your property rights are limited and conditioned to the Urban Planning Regulations. These Urban Planning Regulations indicate which modifications are allowed and which are not allowed, and therefore you should inform carefully if your ideas are supported by the Urban Development Plans. It is essential to understand the link between these two branches of Law and it is necessary to seek professional advice.

It is necessary to have knowledge of the Urban Rights assigned by the Urban Planning in Fuerteventura.

Our clients, who are usually educated and come from countries within the European Union, freely assume this fact because in their countries of origin the determination of the content of the property and its boundaries is determined in a similar or identical way by the urban planning regulations of the municipality or region where the properties are located.

What happens in Spain, and particularly in the Canary Islands, is that each Spanish autonomous community has its Urban Development Plan.  Because of the existence of so many different regulations, it becomes very a complicated and complex matter. In many cases the rules contradict each other or are misapplied and need to be clarified or interpreted by a Court to be applied.

In addition to that, each island, and each municipality, have their own Urban Development Plan in which they regulate aspects that condition the rights of properties. And each island/municipality interprets them differently 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.

Following the previous reflection, it seems clearly necessary to know, to practice and to study this matter so that your property rights are legally advised and can obtain a performance according to the interests of each client and that is located within the legality.

In many situations, the limits of the Urban Planning are exceeded by administrative acts which interpret in a disproportionate or unfair way the urban planning regulations. We are denied a building or a segregation license, or a change of use of the property, or a terrace extension license,… and we believe that it has been unfair. At that moment it is time to defend yourselves and to demand that the Public Administration does not limit or interpret the rules in a way that is contrary to the Law and respects the rights we have, since urban planning, although it limits the content of the right to property, grants us citizens many rights, and these must be defended.

New Urban Planning in Fuerteventura. Be informed!

The truth is that every now and then on the island of Fuerteventura, the urban planning rules get modified, revised, and new regulations are created and adapted to new laws and new social reality. It is very important to be able to participate in the elaboration of these plans, to know the content of the changes made or to propose changes to the document being approved. It is a consolidated right of citizen participation in which the interested parties can formulate considerations, appeals and allegations to the documents that the administrations must necessarily publish in public exhibition.

If, for example, in the northern part of the island, the Town Hall would propose modifications to the urban planning regulations which would affect for a specific zone the construction criteria’s, the use of properties, its surface area limits, its contribution to urbanization costs, its obligation to join with other neighbouring owners and develop a plot of land, …in short, many possible situations with a direct impact on your property rights of which you should be aware.

Remember that in this process they will not call you, you must inform yourself and find out about your rights on your own.

All the interested parties directly (although indirectly everyone can allege it) must study it, propose changes, defend themselves from situations in which they will be harmed and be able to be heard and defended.

Lajares Law Offices offers expert advice in Urban Law.

Don’t worry, LAJARES LAW OFFICES, will inform and advise you in all urbanistic matters. And if the urban development plans will be modified, we will inform you and give you the advice you need and want.

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, which helps our clients in making decisions. We have advised many private persons, companies, investment funds, homeowners associations, public administrations and others, in many decisions and actions of urban planning in this complicated world of urban planning law, with undoubted direct relations with property law.

It is Important to be well advised. We Law You.

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