Out-of-order buildings (AFO) are a topic that generates a lot of confusion among owners and interested parties in the real estate world. This type of property, although constructed in accordance with the regulations in force at the time, does not comply with current urban regulations due to changes in the municipality’s planning. If you are the owner of a property in this situation or are considering acquiring one, it is essential to understand all the legal and technical aspects related to AFO buildings.
What is an out-of-order building (AFO)?
An out-of-order building is one that, despite having been constructed in accordance with the urban regulations at the time of its construction, has fallen outside the current urban planning of the municipality. This means that it cannot be demolished, but it also cannot be expanded or modified without meeting specific conditions, which limits the possibilities of intervention on the property.
What does “assimilated out-of-order” mean?
The term “assimilated out-of-order” refers to buildings that, although they do not fully comply with the current urban regulations, can be regularized or legally maintained through an administrative procedure. In these cases, the construction of new buildings is not allowed, but it is possible to maintain the property as it is or even rehabilitate it in some cases, as long as the limits established by the local regulations are respected.
How to regularize an out-of-order building (AFO)?
The process of regularizing an AFO building involves several key steps:
- Technical certification: To begin the process, it is necessary to have a technical report that certifies that the construction was carried out in accordance with the regulations that were in force at the time of its construction, and that the property is safe and habitable.
- Processing with the City Council: Once the technical certification is obtained, the legalization request must be submitted to the corresponding city council. This includes the submission of updated plans and other documents that demonstrate the situation of the property.
- Compliance with basic regulations: Although the property cannot be modified in terms of volume, the property must comply with the minimum standards of safety, habitability, and sanitation established by local legislation.
Why is it important to regularize an AFO building?
Regularizing an AFO building has several advantages, both legally and practically. First, by regularizing the property, the owner can avoid future legal problems, especially in sales or inheritance processes, where an AFO property can generate complications. Additionally, regularizing the building can allow obtaining permits to carry out renovations or rehabilitations within the limits established by law, which can improve the functionality and value of the property.
On the other hand, a regularized AFO building offers greater legal security and allows access to certain services and aids related to improving energy efficiency or restoring heritage.
The regularization of out-of-order buildings is a technical and administrative process that must be treated with seriousness and knowledge. If you find yourself with a property in this situation, having a technical architect specialized in AFO can help ensure that everything is carried out in accordance with current regulations and avoid possible legal setbacks. In short, regularizing your AFO property is an investment in legal security and the long-term value of your property.
