Check the use your property can actually support

Being able to enter a building is different from having the right documents for its occupation or a proposed new use. A home, converted unit or recently completed building needs an investigation that connects the physical premises, planning position and actual activity you intend to carry on there.

This guide concerns occupancy and use enquiries in Andalucía. It does not promise that one certificate resolves every property or that every municipality uses an identical procedure. Use it alongside planning permission and tell the lawyer and technical adviser exactly how you want to use the property.

Describe the present and proposed use clearly

Write down what the building is used for now and what you intend after purchase. Ordinary residential occupation, business activity, tourist accommodation and conversion of a commercial unit are different enquiries. A broad description such as investment property is not enough.

Identify the exact rooms, units and outside spaces included. If the plan involves dividing a home, combining units or converting storage into accommodation, make that explicit. The proposal may raise questions beyond the condition of the existing building.

Ask the advisers to assess the property as it stands and the project separately. A purchase should not depend on an assumed approval that has not been investigated or a layout change that may be impossible to carry out lawfully.

Understand the administrative route

Andalucía’s current territorial-planning law, LISTA, includes acts subject to:

declaración responsable

That means a responsible declaration. It is a legal procedure with conditions, evidence and subsequent control; it is not a general promise that every property can be occupied merely by submitting a form.

Ask the municipality and advisers which route applies to the exact act: licence, declaration, communication or another required approval. The answer depends on the building, works, use and applicable rules. Keep the actual submission and supporting documents, not only a verbal account that something was filed.

Request the property’s relevant records

Ask for the building and planning history, completion evidence where relevant, occupancy or use documentation and records of later alterations. Have the lawyer identify what is needed for this particular transaction rather than requesting a standard bundle without checking its relevance.

Compare the records with the current physical configuration. An enclosure, extra room, basement conversion or added unit can change the questions. A document describing an earlier building is not necessarily evidence for everything visible today.

Use land registry versus Cadastre to keep different records in perspective. Title, tax mapping, planning permission and technical completion evidence have different functions and should not be treated as interchangeable approvals.

Check the scope of an existing document

Read the address, reference, date, conditions and approved or declared use. Ask whether it covers the whole building, a phase, a particular unit or a specific activity. A document can be genuine while still not answering the question you need resolved.

If a seller supplies only a receipt, ask what it proves: payment, submission, registration or a substantive decision. The adviser should explain the legal effect and any outstanding requirement. Do not infer approval from an administrative reference number alone.

Where a record is missing, ask whether it can be obtained, whether another lawful route applies and what uncertainty remains. The practical consequence may affect occupation, finance, services, insurance or resale, so record it before deciding whether to proceed.

Treat change of use as a separate project

A shop advertised as suitable for conversion is not automatically a home. Likewise, a residential unit is not automatically suitable for every business activity. Ask the municipality and technical adviser to assess the actual proposal.

Investigate light, ventilation, access, fire safety, services, dimensions and any other applicable standards. Establish whether community documents or shared elements affect the work. A neighbouring conversion is useful context but does not prove permission for yours.

The commercial and mixed-use guide helps distinguish the asset, activity and conversion plan. Price the building as purchased and the completed project separately, including the possibility that the intended change cannot proceed.

Check community and third-party rights

If work affects a façade, roof, extraction route, structure or shared service, ask what community approval or other consent is needed. Municipal compliance does not automatically resolve private-law rights between owners.

Establish ownership or use rights for gardens, terraces, parking and storage. A private-looking area may involve shared structure or an exclusive-use arrangement. An agreement to occupy a space does not necessarily include the right to alter it.

Use shared repairs and private elements and community meetings to organise the documents and decision route. Keep any consent within its actual scope and conditions.

Keep an irregular-building status distinct

Where a property has an asimilado a fuera de ordenación status, commonly called AFO, ask what the actual resolution covers. LISTA separates that status from full legalisation and from permission for every possible activity.

Obtain the resolution, supporting technical material and relevant registry information. Ask about the limits on work, services and proposed changes. A seller’s statement that the house has AFO is not a complete account of the consequences.

Use planning irregularities for the wider investigation. Do not assume that a recognised physical ability to use a building also authorises tourist accommodation, a business activity or an extension.

Verify service connections and technical suitability

Ask the relevant providers about the actual electricity, water and drainage arrangements. A connected meter does not establish every planning question, while an administrative document does not demonstrate the present condition or capacity of the installation.

Have the technical adviser identify any inspection, testing or remedial work required for safe intended use. Explain the household’s needs, including accessibility and equipment. A completed-looking interior can still require work that affects the move-in date.

Use utilities and surveys and inspections to separate account administration, installation condition and lawful connection. Give each task an owner and evidence requirement.

Coordinate finance, insurance and the timetable

Tell the lender and insurer about material uncertainty or the proposed conversion. Ask what evidence they require and whether their offer assumes a particular legal or physical position. A valuation is not a substitute for planning advice.

Do not schedule occupation, bookings or business opening solely around the seller’s preferred completion date. Include time for records, decisions, remedial work and any provider process. Keep an alternative if the intended use is delayed.

Use finance conditions and the renovation-budget guide to connect the timetable with funds. A project needs both permission and enough money to reach the intended condition.

Make the commitment conditional on understood evidence

Before paying a non-refundable sum, list the documents obtained, what each establishes and what remains unresolved. Ask the lawyer to address any necessary conditions and consequences in the proposed agreement.

The useful outcome is a clear account of the asset, lawful present use, proposed changes and next administrative steps. That gives you a practical basis for deciding whether the property can support your plans, rather than relying on a generic certificate name to answer questions beyond its scope.

Keep the evidence attached to the intended activity

Prepare a short description of the use you asked the authority and advisers to assess. Retain it with their response, plans and conditions. If the proposal later changes, ask whether the earlier conclusion still applies. For example, advice about occupying an existing dwelling should not quietly become the assumed approval for subdividing it or operating accommodation. Keeping the original question visible helps everyone understand the scope of the answer rather than giving an old document a new meaning.