Depending on the terrain, you can build a house or not. Undeveloped land, as its name suggests, does not contemplate the construction of homes in almost all cases. However, there are exceptions: sometimes a mobile manufactured home can be located on rustic land thanks to a legal loophole.
First you have to define what a rustic floor is and a mobile prefabricated house. A land or rustic land is a plot classified by land use planning as undevelopable. It is also known rural soil and It is characterized by the lack of basic urban and supply infrastructures. For example, sewerage, roadway, water, lighting, etc..
What is a mobile home?
“A mobile manufactured home is one that it can be relocated and transported because it is equipped with a chassis and wheels, sometimes. In principle, this type of housing is classified as movable property, but they can also be considered as buildings, since they require services and, therefore, require a municipal planning license”, comments Cesar Garciadirector of Acounsel lawyers.
“Install a ‘mobile home’ without a municipal license on rural land or another type of land, can give rise to two sanctioning procedures; one for the lack of license itself and another that can end in demolition, in the case of understanding that the floor must be restored to its situation prior to installation”, he adds.
Can a mobile manufactured home be installed on rustic land?
As a general rule houses cannot be builtwhether prefabricated or not, unless are intended for agricultural and livestock activities and that the land has a certain surface and orography, although it depends on the autonomous community. But, what about a mobile prefabricated home that does not require construction? Depends. One of the keys is self-sufficiency. If it is self-sufficient, it would be the same as a caravan.
A mobile home have all the necessary facilities for self-sufficiency in its structure does not require any type of work or foundation. For example, one that has solar panels, water tanks, a waste recycling system, etc. This type of house takes advantage of a legal loophole, since it can be relocated, but, finally, its legality on rustic land depends on the autonomous community of the farm.
“The possibility of locating a mobile prefabricated house on rustic land depends on the applicable legislation in each autonomous community, since each of them can make differences in terms of minimum plot, buildable volume, height of the house, etc. Therefore, we cannot generalize about whether or not a mobile home can be installed on rustic landGarcia explains.
In the same line, Ignacio de la Vegastudio architect delaVegaCanolasso, comments that “there are rustic lands where you can build a house, whether or not it is prefabricated. There are specific cases as in the campsites, that these have to be mobile homes. The normal thing is that the issue of ‘mobile homes’ is not regulated, so it is something alegal. Usually, if it is something small it is easy to justify it as movable property, but, since it is not regulated, it is up to the technician that, in the event that someone denounces you, it could create a problem, which in this case would be moving it”.
Penalty for mobile home on rustic land without planning permission
A self-sufficient mobile prefab house does not require a building permit nor does it affect, in principle, the land in any way. The logical thing would be to think that a ‘mobile home’ could be located on rustic land. But it is true that a rural land is not a parking lotbut a land that is intended for agricultural and livestock exploitation. That is the complex legal vacuum on this issue.
If you want to install a mobile manufactured home on rustic land, consult the urban planning of the autonomous community. Approaching the town hall or requesting information from an architect who knows the regulations of the area can be crucial to avoid sanctions.
He Article 319 of the Penal Code indicates that they will be imposed prison sentences of one to three years and a fine of 12 to 24 months for promoters, builders or technical directors who carry out urbanization, construction or building works not authorized on rustic land.
However, a mobile prefabricated house with wheels and that is not anchored to the ground does not require works and, therefore, is not a construction as such, although it can be described that way. That is to say, if it is located (not installed) on rustic land, it does not modify the land or cause damage to itwhich, although it may be punishable, does not constitute a criminal act, since, when it is moved, the parcel recovers its previous state.
Whether build something on the ground for the installation of the mobile prefabricated house, there it would incur a crimesince the vocation of the house is understood as a permanent residence and the plot is modified.
To put a practical case, the Criminal Court number two of Gijón sentenced a man in 2012 for installing a ‘mobile home’ on a non-developable plot, since he had built a concrete platform next to which he installed a mobile prefabricated house with a vocation of permanence and destined for a second home.
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