lunes, 11 de julio de 2022
REGULATIONS AND LEGISLATION ON PREFABRICATED HOUSES IN SPAIN
One of the hidden issues that many tend to overlook when buying a prefabricated house is the type of regulation that contemplates its location in the place where we want to place it.
The rise of this type of housing in our country is very recent, and there is no clear regulation in this regard, so not much information is available on the subject.
In this article we will try to answer all your questions about the regulations and legislation of prefabricated houses in Spain.
In the strictly legal framework, the first thing that must be defined is whether prefabricated houses are considered movable or immovable property, since depending on this classification they will have one treatment or another, and consequently, one regulation or another.
If our prefabricated house is anchored to the ground (by the cement foundations, as we have already seen in other articles) and has power outlets, public water supply and others, they will be considered real estate, at the same height as traditional houses.
This means that you will need a license for its construction and location, as well as comply with all the requirements of the LOE (Building Regulation Law) and the CTE (Technical Building Code).
The permits and licenses of a normal house will be needed, including the one for works, even if it is only for the moment of its location and anchoring in the chosen plot. Of course, only developable land can only be located.
In the event that the house is prefabricated but is not anchored to the ground and has its own means of supplying itself with electricity, water, etc..., without the need to use the public ones, it will be considered a movable asset, with which it will be exempt from great some of the paperwork we,ve seen earlier.
These so-called mobile homes could be compared to a car for legal purposes. We will need certain licenses, especially referring to the location of the mobile home, but we do not need a building license or anything similar.
The legislation sees in these houses a kind of mobile home that can change location almost at any time, so it would be too tedious to have to arrange a lot of paperwork every time we change the mobile home.
That is why the legislation is much more flexible in these cases.
The differences between one and the other are clear.
We have focused on prefabricated houses, not mobile ones, since we believe that this sector is going to become the real alternative to traditional housing, since it shares many more characteristics with it than mobile houses, more similar to the caravans.
In the case of wanting to acquire a prefabricated house to anchor it on a certain plot, the first thing you should do is go to your town hall, which is the body in charge of granting the necessary building permits for the construction, or in this case installation, of the real estate.
In these cases, prefabricated houses have the same treatment as traditional houses, so the cost of fees and licenses will also be the same, there is no cheaper price.
The city council should not object when it comes to placing a house of this type on its land, as long as it is within the developable land, of course.
In the case of mobile homes, since they are considered personal property, they can be located on rural land.
In these cases, the city council usually puts more problems, since it thinks that there will be greater lack of control if each one decides to locate this type of mobile homes in an area where there are no enclosed plots or anything like that.
Many municipalities fear that in the end they will become settlements for marginal families, who have no other way of living than in this type of house, and for this reason they are more reluctant towards mobile homes.
Given what appears to be a spectacular growth in this type of housing for the years to come, Spain should take an example from the legislation of countries where prefabricated houses have already been a reality for decades.
In short, although the regulations on prefabricated houses (modular houses anchored to the plot) seem to be clear, in reality we are facing a certain legal vacuum, a kind of patch that has been put on this type of housing, which although they have many characteristics of traditional houses.
After all, they are not, and they surely need special regulations, as they have in other countries where they have been serving families as alternative housing for decades.