Legal precedent set for owners of illegal homes

Fecha Publicación: 
27 Enero 2011

Expat pressure groups applaud the judge's ruling to allow utility connections

Costa del Sol News, 27 | 01 | 2011 - Noticia

Thousands of homes illegally-built on non-urbanisable land could now successfully apply to have water and power supplies connected following a ruling from an Almería court last week.

The judge's decision could set a precedent for thousands of illegal properties in the region of Andalucía whose owners are also without basic services such as water and electricity.

Judge Jesús Rivera of Administrative Court Number Three in Almería said that such houses still had the right to essential utilities. He described the Junta's efforts to keep these properties unoccupied as "bordering on the ridiculous".

The case came to court after the council in the inland town of Albox in Almería ordered electricity and water to be connected to a property built more than six years ago in the La Torreta district of the town. In a test case, the town hall issued a licence of occupation to the owners of the house in September 2009, despite there having been no construction licence for the property. This permitted them, amongst other things, to connect to the water and power supplies.

Judge Rivera acknowledged that the house had been built on non-urbanisable land. The Junta regarded this as being in breach of the region's urbanisation legislation, the LOUA, so the town hall's decision was subsequently overturned by the Junta's Ministry of Housing (now part of the Ministry of Public Works). Albox council then asked for a judicial review of the Ministry's decision in the Administrative courts.


Fuente original