 Junta de Andalucía prepares a decree to regularise
illegal dwellings on non building land (rustic land)
The regional minister of Housing & Public Works, Josefina Cruz Villalón, informed the Government Council on April 5th 2011 about the decree her department is preparing to regularise the situation of dwellings constructed on land designated as not for building. The future regulation will establish the channels to have these buildings legalised or recognised, after being analysed its different physical and legal circumstances. Source: Canal Sur
In general terms, the decree will distinguish three cases: isolated buildings, urban settlements (plots of enough importance to need collective services and supplies) and the so-called Disseminated Rural Habitat areas (rural related buildings and activities also requiring public services).
With respect to isolated buildings, the decree will make a distinction between those legal or that can be legalised and those illegal. The latter will be divided between those in which the period to take disciplinary actions have expired and those where this option is not possible due to their location on protected or flood zones.
In regard to urban settlements and Disseminated Rural Habitat areas, the decree will determine the legalisation conditions and procedures through the municipal town planning and as long as owners are willing to pay the costs of urbanization and basic infrastructures.
The first phase of these inventories have been concluded in 32 towns of the regions of Valle del Almanzora (Almeria) and Axarquia (Malaga) where more than 25.500 constructions on non building land have been identified. According to the analysis made by the Regional Ministry of Housing & Public Works, the new decree could be applied to almost 90% of these buildings.
On the other hand and following the Junta de Andalucía’s line, the Casares Town Hall passed unanimously a few weeks ago the creation of a platform to regularise dwellings on land designated as not for building (rustic). This organization would include the Town Planning General Department of Junta de Andalucía, the Land Registry and the Town Hall. According to the Town planning councillor, Pedro González, the idea is to prepare a protocol of action to regularise dwellings built for more than four years and on non protected land. He considers that this is a process similar to the one carried out in towns of Axarquia, Antequera or Chiclana (Cadiz). |
