{"id":30949,"date":"2020-01-14T15:48:12","date_gmt":"2020-01-14T15:48:12","guid":{"rendered":"https:\/\/www.cbleon-abogados.com\/?p=30949"},"modified":"2020-01-16T12:46:54","modified_gmt":"2020-01-16T12:46:54","slug":"illegal-houses-in-andalucia","status":"publish","type":"post","link":"https:\/\/cbleon-abogados.com\/en\/illegal-houses-in-andalucia\/","title":{"rendered":"ILLEGAL HOUSES IN ANDALUCIA"},"content":{"rendered":"

The Community of Andaluc\u00eda has approved a decree-law, the Decree-Law 3\/2019, of 24st September, from the Regional Andalusian Government, by which a large number of houses that were in an irregular or illegal situation without supplies or a supply network because they had not obtained a building permit at the time or had been rejected, are now regularised or in other words, legally recognized.<\/span><\/em><\/p>\n

According to the legal text itself, there may be more than 300,000 houses in Andalusia, houses built without legal coverage<\/strong>, which have neither drainage, nor water or electricity supply. This has special incidence in cities such as Granada, M\u00e1laga and Almer\u00eda, as far as coastal housing is concerned.<\/span>
\nThe Local Councils didn\u2019t take the appropriate measures to restore the legality of these houses, and the consequence was that after the six years in which such action could be taken (demolition of illegal works), no further demolition was possible.<\/span><\/p>\n

Carlos Ba\u00f1o Le\u00f3n’s lawyers specialized in Real Estate Law will examine the legal situation of your properties to advise you about the possibilities of processing the files that are now regulated for the benefit of your properties if your situation is irregular.<\/span>
\nThe regulations allow the regularization of settlements or groups of dwellings, but this will be the object of another commentary and not of this article since we want to avoid excessive length.<\/span><\/p>\n

The consequence of the illegality of these houses is that they don\u2019t have basic services that are essential such as drainage, water, electricity… provided by the companies, since for this supply it was required to have the building permit that these houses and residential areas lack legal recognition. <\/span>
\nAlthough it may seem difficult to understand, both in coastal areas and in the interior of provinces such as Almer\u00eda, Granada and M\u00e1laga there are both individual and grouped irregular buildings.<\/span><\/p>\n

The Decree Law on Urgent Measures for the Environmental and Territorial Adaptation of Irregular Buildings aims to put an end to the situation of the lack of official existence in which these dwellings are found, on the fringes of urban planning legality, and seeks, as the text says, “to adopt urgent measures that minimise the territorial, environmental and landscape impact caused by irregular buildings, to resolve the deficient safety and health conditions suffered by hundreds of thousands of Andalucian families”.<\/span><\/p>\n

Although it is true that the regulatory provision of the Autonomous Community is very careful when it comes to saying that it is not a question of legalization, in fact it is quite close because the people who obtain authorization for the regularization of their homes, which are isolated houses called “asimilados a fuera de ordenaci\u00f3n\u201d (AFO for its Spanish acronym), will obtain the categorisation of being livable and suitable for their use, something they don’t have now because they are usually rural land or lands not using urban planning. This will benefit many people not only Spanish but also foreigners, especially English, French, Dutch and Belgians who have homes in the Andalucian provinces of Almer\u00eda, Granada, M\u00e1laga, Ja\u00e9n, C\u00f3rdoba, Huelva and so on.<\/span><\/p>\n

From this point of view, therefore, if the regularization established by this legal provision were accomplished, the change in the nature of the land would undoubtedly give it a valuation in line with the market, something that it doesn\u2019t have now.<\/span><\/p>\n

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