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Navigating LPO, AFO, and Other Essential Property Documents in Costa del Sol: A Buyer’s Guide

When buying a property on the Costa del Sol, navigating the paperwork can be overwhelming. Among the crucial documents are the Licencia de Primera Ocupación (LPO), Asimilado Fuera de Ordenación (AFO), and other legal certifications. This guide aims to break down these terms, explain their importance, and show buyers how they impact property rights and future transactions.

1. LPO (Licencia de Primera Ocupación): Ensuring Compliance for New Builds

   •     The LPO, or “First Occupancy License,” certifies that a newly built property complies with the approved building plans and is ready for habitation.
   •     Issued by the local Town Hall, an LPO is essential for connecting utilities like water and electricity.
   •     While once necessary for obtaining a tourist rental license, the law has changed since 2024, no longer requiring the LPO but instead a certificate verifying compliance with urban planning.

2. AFO (Asimilado Fuera de Ordenación): Legalization of Non-Conforming Properties

   •     The AFO allows a property that does not fully conform to urban regulations to be legally inhabited, though it may restrict future renovations or expansions.
   •     This designation applies to properties built more than five years ago without subsequent action taken against them, making them “accepted” but limiting modifications.
   •     Buyers interested in properties with AFO should be aware of the limitations, particularly regarding extensions or structural changes.

3. Certificado de No Infracción (CNI) and Certificado de Antigüedad: Regularizing Additions and Extensions

   •     If a property has been expanded or modified, obtaining an LPO for these extensions may be difficult. Instead, a Certificado de No Infracción (CNI) can affirm that no infractions were committed.
   •     In cases where the extension is more than five years old, a Certificado de Antigüedad, often backed by satellite images, can validate the addition.
   •     Together, these certifications allow owners to register the property’s modified status in the property registry, ensuring legal recognition of the expansion.

4. Tourist Rental Licensing in 2024 and Beyond: What Buyers Need to Know

   •     Previously, obtaining a tourist rental license required an LPO; however, recent legal changes have simplified the process.
   •     Now, the Town Hall certifies compliance with urban planning, removing the need for an LPO to secure a rental license.

5. Living in a Property Without an LPO: Is It Possible?

   •     Properties without an LPO, especially those built before the mid-1990s, are often legally inhabitable due to outdated practices where an LPO was rarely requested.
   •     In many cases, these properties have been lived in for years without issues. However, buyers should verify the specific legal standing of a property with local authorities to avoid potential challenges.

6. Engage Local Experts for a Smooth Purchase Process

   •     Due to regional differences in processes and opinions on documents like the LPO, AFO, and CNI, buyers should work with certified, local real estate agents and lawyers specialized in Andalusian property law.
   •     Local expertise is invaluable in ensuring all legal requirements are met, saving buyers from potential complications.

This guide highlights the importance of understanding essential property documents on the Costa del Sol. By working with knowledgeable local experts, buyers can ensure a smooth transaction and secure the legal standing of their new property.