Tarragona
Property Purchases Tarragona:
Now more than ever northern Europeans are making their way down to the province of Tarragona in search of peace, tranquillity and what is for them an alternative lifestyle. Very often they decide to purchase a “casita” on a piece of farmland with panoramic views of a valley, the mountains or the sea. There is no doubting that their idea is sound given the beautiful scenery, the wonderful food, the pleasant nature of the local people, the relatively low cost involved in making the change and the savings to be made by living in southern Catalunya. However, the ideal “casita” is not always as lawful as it is idyllic, as many people have found out to their great cost.
Throughout the villages of southern Tarragona a great many people have purchased pieces of farmland with small buildings or ruins on them and have proceeded to rebuild the ruin; either that or they have started from scratch. The new structure may include a modern kitchen, a fully tiled bathroom, windows on all sides and central heating throughout. Very often the owners of such properties will tell you that the work was all done with full planning permission. In many cases the permission granted was either to refurbish a “casita de campo” that had existed on the land for years, to rebuild the ruin of such a “casita”, or to build an “almacén agrícola” (an agricultural storage building).
A “casita de campo” is a small structure traditionally used by the farmer to take shelter on a rainy or windy day, to eat breakfast and lunch during the working day, to store the harvest when it was collected and to store any tools he might use for his work. While the planning rules expressly provide for the refurbishment of such a building, what the rules are not envisaging is that the buildings are restored as small summer cottages or worse, large country houses. Unfortunately a number of people have come a cropper when in the process of building their “home” they have been ordered to demolish it, fined for having built it in the first place and charged not only for its demolition but for permission to demolish it as well.
Where people start from scratch it is almost always the case that they obtain permission to build an “almacén agrícola”, essentially a building in which to store a farmer’s tools of the trade such as a tractor, a plough and other such material. Hence, such an “almacén agrícola” must have large doors on it to accommodate the farmer’s tools. Such an “almacén agrícola” would not normally have windows in each wall. Neither would it house a modern kitchen and fully tiled bathroom. It is a building to be used by the farmer for his work and not meant to be lived in. Despite that, we are able to find a great number of such “almacénes agrícolas” of varying sizes occupied by families more often than not from northern Europe. To all intents and purposes the buildings resemble cosy country residences, well appointed and fit for purpose. However, given that the use to which the building is being put is not the use for which the planning permission was granted, such occupants are always susceptible to being “denunciado” (reported to the authorities) by anyone who may wish to “grass them up”, ranging from a representative of an interested governmental department to a disgruntled or jealous neighbour.
Who determines precisely what can be built or refurbished on any particular piece of land depends in great part upon what is being built or refurbished. In the case of refurbishing a building, the town hall may grant a “licencia de obras menores” (permission for minor works) if the works amount merely to a sprucing up of what already exists. If the building is genuinely usable for its lawful purpose before work begins (and this can be proven by way of photographs), work such as laying a new floor or putting a new roof on the building can be done with the permission of the town hall alone. No formal plans are required, merely a drawing and description of what is going to be done. At the end of the works the town hall will ask to see photographs of the refurbished building, inside and out. If the building is plainly unsuitable for its lawful purpose or structurally unsound before works commence, it is likely that the town hall will require formal plans to be drawn up by an architect or by an “aparejad” (essentially a surveyor). In that case the plans will have to be submitted to the “Comissió Territorial d’Urbanisme” (the local planning office of the Generalitat de Catalunya) for approval before the town hall passes judgment. Whether the plans are approved or not will depend on a number of factors. However, in essence it is likely that plans will be approved if what is being refurbished is or has been at an time a sizeable dwelling. It is unlikely in the extreme that the “Comissió Territorial d’Urbanisme” will approve plans to refurbish as a dwelling a “casita de campo” or “almacén agrícola”.
While there is a discreet body of law regulating the construction of buildings on farmland in Catalunya, planning permission is based to a large degree on the current policy of the competent authorities. The policy of the authorities has been affected to a large degree by the behaviour of those who continue to flout the law.
The above is designed as a brief guide to the main thrust of the law and the current policies. However, the specific legal advice of a specialist advisor must be taken in respect of any proposed works, ideally before the property is purchased.
