Illegal Home Builds: Risky Areas To Buy In Spain

Many regions across Spain face ongoing challenges with unauthorized building. Corruption and improper planning often play a big role in the construction of illegal homes in protected areas. This not only poses environmental risks, but places a strain on natural resources like water, and can often leave many unsuspecting buyers facing legal complications and devastating financial losses.

There are certain Provinces and towns in Spain that have been the most problematic over the years and could have greater risks associated with purchasing a home in Spain.

1. Almería, Almanzora Valley. There are nearly 13.000 illegal homes across towns like Albánchez, Albox, Arboleas, Cantoria, Fines, Líjar, Lubrín, Oria, Partaloa, and Zurgena. Around 920 of these are on protected land, facing imminent demolition.

2. Cádiz, El Palmar (Vejer de la Frontera) have over 2.400 illegal homes, many used for tourism, creating environmental concerns.

Chiclana de la Frontera and Conil de la Frontera are known for unauthorized rural homes.
Barbate is particularly affected in coastal zones.

3. Málaga, Marbella. Approximately 30.000 illegal properties from the Jesús Gil era (ex-mayor of Marbella), including buildings like Edificio Belmonsa and Banana Beach.

Axarquía Region (Velez-Malaga, Torre del Mar). Between 10.000 and 20.000 illegal homes, primarily in rural areas favoured by expatriates.

4. Sevilla, Morón de la Frontera. They recently regularized about 770 homes.
Villaverde del Río has approximately 662 illegal homes in clusters like Haza Espino Las Calderas and Los Algarrobos La Regenta.
Other towns: El Cuervo (156 homes), Fuentes de Andalucía (37 homes), and Pilas (52 homes).

5. Canary Islands. Telde and San Bartolomé de Tirajana have growing numbers of illegal homes, especially near urban centers.

6. Madrid Suburbs.
El Molar has seen recent home demolitions in protected areas.
Chinchón, Mejorada del Campo, Colmenar de Oreja, and Fuente el Saz are all notable for rural illegal constructions.

7. Jaén and Córdoba, are known for pockets of unauthorized rural homes.

8. Huelva has ongoing issues with illegal homes, particularly in less developed areas.

9. Valencia Province
Valencia’s coastal and rural zones are hotspots for illegal developments, especially areas which are popular with expatriates.
Alicante (Costa Blanca) is known for scattered unauthorized developments.

Jalon Valley, and particularly Lliber, has many hundreds of illegal rural homes that have caused legal complications for international buyers.

10. Balearic Islands (Mallorca)
Palma has high levels of unauthorized rural constructions, especially in the towns of Algaida (102 demolitions since 2017), Marratxí, and Felanitx. These areas undergo regular demolitions to protect the environment.

These regions are emblematic of Spain’s challenges with illegal construction, which have impacted local residents and international buyers due to past planning issues and, in some cases, corruption in urban management.

Illegal building in Spain is often rooted in a combination of regulatory challenges, cultural attitudes, economic motivations, and, many times, corruption.

Regulatory gaps and limited enforcement.
Spain has historically faced inconsistent land-use regulations, particularly in rural and coastal areas, allowing for legal ambiguities. Enforcement of these laws has also been inconsistent, with some local governments lacking a clear mandate for strict control.

Corruption in local government.
In several high-profile cases, local officials have been implicated in bribery and other forms of corruption. Some methods include turning a blind eye to construction in protected areas, or areas with agricultural zoning, duplicate cadastral registrations, unauthorised zoning changes of protected land, issuing fake or backdated building permits, turning a blind eye to code violations (for example excessive height, or total build area, or both), approving unauthorised utility connections, colluding with real estate developers, falsifying environmental assessments, and issuing “Tourism Licences” as loopholes (granting tourism or temporary occupation permits, which are less restrictive).
These practices not only contribute to Spain’s significant problem with illegal construction but also put homeowners at risk of losing their properties if legal action is eventually enforced.

Economic incentives for tourism.
Tourism revenue has motivated many large property owners to convert agricultural land into holiday rentals, especially in high-demand coastal areas. These unauthorised conversions often lack proper infrastructure.

Illegal construction in protected, agricultural, and non-approved zones often poses environmental risks, and places greater pressure on existing essential infrastructure and resources. As impact assessment or urban planning is usually bypassed, the resulting strains on the existing infrastructure (electricity, gas, sewer, stormwater, roads, traffic, etc.) and natural resources (water, forests, biodiversity, soil quality, soil erosion), are often unknown. Unregulated growth can lead to resource depletion, overloading of local infrastructure, and lasting ecological damage.

Foreign buyers often face complex property regulations when purchasing a home in Spain. If they lack independent legal guidance, they may be unaware that the home they would like to buy could be non-compliant.

Use an Independent Lawyer. Avoid lawyers recommended by the real estate agent, developer, or seller. They may not be acting in your best interests (who would have thought?) Hire your own lawyer, who can speak your language, and who is very experienced in the region and in Spanish property law.

Request a “Nota Simple”. The Nota Simple, available through the Spanish Property Registry, reveals essential details about a property, including debts, liens, and any legal orders (like demolition orders) tied to the property. Review the nota simple carefully, or have your lawyer explain any red flags.

Verify building licences and zoning plans. This is especially important for rural properties. Confirm with the local municipality (ayuntamiento) that the property is built legally and in compliance with local zoning. Ensure that the building has all necessary permits, especially in areas with large tracts of protected, rural, or agricultural land. Anything that is basically non-urban land. If there are not many houses around, or if you are far from an urban centre, you will need to be more cautious,

Conduct a thorough property search. Use official channels to check for court judgments or outstanding legal actions related to the property. In rural or coastal areas, unauthorized conversions are common.

Avoid properties lacking infrastructure. While properties with septic tanks are fairly common in Spain, those without access to water, or electricity are less common, and may be built illegally. Verify utility connections with the local council and request proof of utility registration.

Be cautious with agricultural land. Agricultural land often has restrictions on residential buildings. Avoid real estate listings that say the property can be registered as residential, or converted to residential. If it can be done, it would have been done, especially as the owner would generate a higher selling price.

Out of all the advice mentioned, the most important is that you use a highly rated property lawyer. You can ask for recommendations in local Facebook groups and expat forums.