Junta makes slow progress on illegal homes decree

Fecha Publicación: 
21 Julio 2011

Planning experts have warned that the new law is complex and is expected to take several more months to finalise

Costa del Sol News | Noticia

The majority of homes which have been built illegally in the Axarquía are to be allowed to remain but they will never be legalised.

The Junta de Andalucía was last week reported to be making progress on the new decree to tackle the legacy left by years of widespread illegal construction in countryside areas.

The new legislation will reportedly apply to properties built at least four years ago unless they are constructed in areas of outstanding natural beauty or at sites where protection orders are applicable, such as in river beds.

Those allowed to remain will have to meet basic health and safety requirements, including being connected to basic services. If the property is in a very remote location where these are not already provided, the owner will have to pay for them to be installed.

The owner will also have to obtain permission from the local town hall in the form of a "resolution of recognition" for which a fee will be payable.

The Junta says that this will be issued six months after application and the owner will have to pay for any work needed to bring the property within the new rules. Owners will be unable to carry out any further building work on the property, other than maintenance required for safety reasons.

However, although the properties will be permitted to remain and to be inhabited, they will never be legal in the eyes of the law. The Junta says that existing legislation clearly rules this out. This means in turn that the property can never be given a licence of first occupancy, and therefore will lack legal protection if a criminal charge, such as a boundary dispute, ever arises.

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