The Spanish prosecution service is deeply concerned about the old issue of the so called mobile homes on rustic land.
After Covid pandemic many people is seeking to move to the countryside and rustic areas to have more open space in the case a new pandemic is coming.
That is why last July the prosecution service publish some instructions encouraging all the prosecutors to be aware on this matter and setting the state of the art of the issue. You can read the document in Spanish clikcing here.
This article is a briefing of such instructions.
What do the market say
The market is selling this mobile homes on the grounds of lack of regulation about them.
They industry generally says that there is no need for licenses at all.
They also say that eventually there is no connection to utilities so the buyers have to look for their own supplies.
The aforementioned reasons mean to to reinforce the idea of mobility of the houses.
The industry says these are mobile homes which means they are not proper constructions but mobile things (such a car or a proper caravan eventually or even a pool table)-
Some companies even provide a mobility certificate which legally is worthless.
What do the prosecution say
Any structure aimed to have people even on a very temporary basis regardless of the construction type and the surface is on could be considered a construction from a criminal and urban planning point of view.
What do the courts say
They agree with the prosecution service in general depite they examine specific cases.
There are some basic guidelines the courts agree on which are as follows:
(a) It does not matter if the construction is aimed to be a temporary one or not. As long as it is a construction needs authorization,
(b) It is not the same a prefabricated house than a proper caravan,
(c) It does not mean the same prefabricated than mobile.
If you are thinking of moving to the countryside we strongly recommend to seek advice from the competent town hall and from legal experts on the matter.
Take into account that in Spain there are 17 different regions with 17 different urban plannig regulations.
These regulations are the grounds to assess if the facts committed could be a criminal offence. A criminal offence of this kind could imply prison time.
And this is very serious.
Thank you for your time and attention and I hope this information is of use.
Please, note that this is general information. This is not specific legal advice. It is advisable to seek legal advice for any specific legal issue.