Affordable housing reserve: what to check before fixing the percentage
The national minimum, regional legislation, the current plan and transitional provisions may all apply to the same site. The figure must be justified against the sources that apply to the case.
1. Identify the type of development
Article 20.1.b of the consolidated Land Act, as amended by Law 12/2023, sets different minimums for rural land included in new development and for urbanised land undergoing reform or renewal. The development type must be classified before applying a percentage.
Official source: consolidated Land and Urban Rehabilitation Act.
2. Check the current regional legislation
In Andalusia, article 61.5 of the LISTA set a minimum of 30 % of residential floor area for new development. Andalusia’s Housing Law 5/2025, in force since 24 January 2026, also regulates affordable housing reserves in its article 23, linked to municipal housing and land plans. Before applying a percentage, check the current wording of both.
Official source: Andalusia Housing Law 5/2025.
3. Check the plan and transitional provisions
The current plan, the date the procedure began and municipal criteria can change the conclusion. In Málaga, Instruction 2025/03 explains how reserves apply to affected planning instruments after the Housing Act came into force.
Official source: Málaga municipal planning instructions.
How Archelo handles it
Archelo should show the source, its version, its scope and the data still needed to complete the check. If a date or transitional condition is not confirmed, the result remains pending.
This article is for information only and does not replace legal or technical analysis of the specific instrument. Always check the current wording and applicable transitional provisions.
