This article from El Pais has been translated and obviously has some translation mistakes but the general gist can be understood. This is further confirmation of what we had been told some months ago, that the Junta were adapting the 2012 Decree to make it suitable to solve as many of the housing problems as possible
The Board sought to regularize illegal houses in Andalucia with Decree 2/2012 to "assimilate" and leave the legal limbo in which they were involved and legally accede to the supply of water and electricity. been two years since the adoption of this rule and the problem is still entrenched. The issue affects some 300,000 homes in the region and in the case of Almería, with 13,000 illegal houses, has had particular impact on the so-called "residential tourism", with thousands of EU citizens retirees who purchased homes outside management. A regulatory change in the Law on Urban Planning of Andalusia (LOUA) could facilitate, in the coming months, the regularization of houses built in urban subdivisions on rural land.
After two years of implementation of the decree, only 177 homes have been assimilated and have made the statement AFO, short for "Assimilated to Out Management", a Pyrrhic figure that does not even reach 0.1% of all illegal houses the community. Ie those works, installations or buildings made in breach of planning regulations, which were built irregularly, but where the irregularity has prescribed.
One of the regions where over illegal houses product of urban riots is the Almanzora. In Almería only 77 homes have achieved AFO statement. And of course, the balance in the Partnership Urban Abuses Almanzora No (AUAN) is radically negative.
The decree, denounces this association has not addressed the issue of houses built on subdivisions -the division of land into two or more lots for residential use in undeveloped land, something common in Almería and in the province of Málaga, where it is estimated that over 50% of the illegal houses are built on rustic land in urban subdivisions. "The problem we have found is that the decree can not be disabled in Article 185. 2 of the Law on Urban Planning of Andalusia (LOUA). So never prescribe these subdivisions. Not in 100 years they will be legal. Since we asked AUAN will adequately address the problem. We lost two years and continue to the problem, the economic and social suffering, "says Gerardo Vázquez, a consultant and spokesperson for the group.
In Almería, 20% of municipalities have been processed and approved the document forward, something like the inventory which includes its urban reality; and 9% are in the pipeline. "The councils will not take stock in Almería are 52%. These have made the declaration which stipulates innecesariedad decree. As only 20% of municipalities did not adopt any agreement to launch implementation of the decree, "explains the territorial delegate of Environment and Planning Board in Almería, José Manuel Ortiz.
One thing that has been done, for example, the mayor of the town of Albox Almeria, Rogelio Mena, one of the hardest hit in the country with the construction of illegal houses during the boom years. The council has used these two years to make a comprehensive directory of all the data sheets for each and every one of the houses with their data and features.
Albox, 12,000, has a census of 2,000 illegal houses of which about 500 are beyond management possible. "My municipality implemented the decree 2/2012 and generated significant expectations. And it is truth that gives outputs to the temporary connections for water and electricity to many homes. After trying to give a legal basis in the General Plan and partial plans. But what? Well that regulations can not go against the law and Article 185 declares LOUA applicability of the subdivisions, "he stresses.
The profile of those affected by this problem is the retired British citizen and "bona fide purchaser" who has spent years fighting for a solution. In some cases, have planning permission has been even more pernicious. "I've seen cases where suddenly these victims learn that although they have a license and a deed of new development, and a license of occupation, electricity, water and even if the house registered in the Land Registry, your license has been declared illegal by the courts for many years, without them they found out. Taking license may challenge the Board. If no pass expires six years and illegal license, "Vazquez riveted.
The program for European
From the Socialist Party wants to give a "real and effective" to the problem of illegal houses built in urban subdivisions on rural land settlement. A "social need" that does not imply, in any case, "impunity", highlight sources of socialist regional executive. However, given the dichotomy of down or regulate these homes, the most likely alternative is to stabilize these homes with some kind of specific planning instrument.
Secretary of Planning and Housing PSOE, Pedro Fernández, put it clear in a recent visit to Almeria: "There is a decree in 2012 that established the possibility that households in rural land would be regularized. But that is subject to interpretation of the law. We must review the LOUA ". Meanwhile, the PSOE take this issue in the election manifesto for the European elections. The socialist campaign committee, which will meet next Wednesday, will define the terms of the ballot measure.
The Board sought to regularize illegal houses in Andalucia with Decree 2/2012 to "assimilate" and leave the legal limbo in which they were involved and legally accede to the supply of water and electricity. been two years since the adoption of this rule and the problem is still entrenched. The issue affects some 300,000 homes in the region and in the case of Almería, with 13,000 illegal houses, has had particular impact on the so-called "residential tourism", with thousands of EU citizens retirees who purchased homes outside management. A regulatory change in the Law on Urban Planning of Andalusia (LOUA) could facilitate, in the coming months, the regularization of houses built in urban subdivisions on rural land.
After two years of implementation of the decree, only 177 homes have been assimilated and have made the statement AFO, short for "Assimilated to Out Management", a Pyrrhic figure that does not even reach 0.1% of all illegal houses the community. Ie those works, installations or buildings made in breach of planning regulations, which were built irregularly, but where the irregularity has prescribed.
One of the regions where over illegal houses product of urban riots is the Almanzora. In Almería only 77 homes have achieved AFO statement. And of course, the balance in the Partnership Urban Abuses Almanzora No (AUAN) is radically negative.
The decree, denounces this association has not addressed the issue of houses built on subdivisions -the division of land into two or more lots for residential use in undeveloped land, something common in Almería and in the province of Málaga, where it is estimated that over 50% of the illegal houses are built on rustic land in urban subdivisions. "The problem we have found is that the decree can not be disabled in Article 185. 2 of the Law on Urban Planning of Andalusia (LOUA). So never prescribe these subdivisions. Not in 100 years they will be legal. Since we asked AUAN will adequately address the problem. We lost two years and continue to the problem, the economic and social suffering, "says Gerardo Vázquez, a consultant and spokesperson for the group.
In Almería, 20% of municipalities have been processed and approved the document forward, something like the inventory which includes its urban reality; and 9% are in the pipeline. "The councils will not take stock in Almería are 52%. These have made the declaration which stipulates innecesariedad decree. As only 20% of municipalities did not adopt any agreement to launch implementation of the decree, "explains the territorial delegate of Environment and Planning Board in Almería, José Manuel Ortiz.
One thing that has been done, for example, the mayor of the town of Albox Almeria, Rogelio Mena, one of the hardest hit in the country with the construction of illegal houses during the boom years. The council has used these two years to make a comprehensive directory of all the data sheets for each and every one of the houses with their data and features.
Albox, 12,000, has a census of 2,000 illegal houses of which about 500 are beyond management possible. "My municipality implemented the decree 2/2012 and generated significant expectations. And it is truth that gives outputs to the temporary connections for water and electricity to many homes. After trying to give a legal basis in the General Plan and partial plans. But what? Well that regulations can not go against the law and Article 185 declares LOUA applicability of the subdivisions, "he stresses.
The profile of those affected by this problem is the retired British citizen and "bona fide purchaser" who has spent years fighting for a solution. In some cases, have planning permission has been even more pernicious. "I've seen cases where suddenly these victims learn that although they have a license and a deed of new development, and a license of occupation, electricity, water and even if the house registered in the Land Registry, your license has been declared illegal by the courts for many years, without them they found out. Taking license may challenge the Board. If no pass expires six years and illegal license, "Vazquez riveted.
The program for European
From the Socialist Party wants to give a "real and effective" to the problem of illegal houses built in urban subdivisions on rural land settlement. A "social need" that does not imply, in any case, "impunity", highlight sources of socialist regional executive. However, given the dichotomy of down or regulate these homes, the most likely alternative is to stabilize these homes with some kind of specific planning instrument.
Secretary of Planning and Housing PSOE, Pedro Fernández, put it clear in a recent visit to Almeria: "There is a decree in 2012 that established the possibility that households in rural land would be regularized. But that is subject to interpretation of the law. We must review the LOUA ". Meanwhile, the PSOE take this issue in the election manifesto for the European elections. The socialist campaign committee, which will meet next Wednesday, will define the terms of the ballot measure.
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