The Ministry for Development is preparing an amnesty for the thousands of illegally built properties in Spain. The reform will stop the carrying out of any demolitions, even there is a firm sentence against the property.
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| A demonstration in Sevilla |
El País reports that the draft reform of town planning legislation will be sent to the regional government and local town halls notify them of what is effect a change in the Ley del Suelo, Land Law. The Ministry notes that this is a ‘technical document without political backing’ which is open to suggestions. The document has 58 pages and is titled, ‘In favour of urban rehabilitation, regeneration and renovation’.
The text says ‘It will be legally impossible to carry out’ a firm sentence which orders the demolition of a building which was constructed with the purchasers acting in good faith. This is the case in Marbella where people purchased property which was later declared illegal.
This will affect dozens of thousands of properties across Spain, but especially along the costas, Marbella, Cantabria, the Axarquia and Almería.
El País says for example, that those who purchased homes in Marbella which were later declared to be illegal, if they did so with all the municipal papers, no longer have to fear demolition.
In many cases local councils granted licences for villas on rustic land, and then these licences were annulled by the courts. In the Axarquía, where there could be some 10,000 homes built on rustic land, many of them were sold to the British.
To benefit from this proposed law change the constructors of the properties must meet three conditions. The homes have to be completed; the sale of the property has to have taken place after the property was competed (to ensure it is the occupant and not the developer who benefits from the legislation), and finally the property cannot be in the public domain, in river beds or on the beach front line. Therefore this reform will not affect those properties built on the beach.
The Development Ministry document also suggests a change in the Ley de Propiedad Horizontal, to favour certain works in communities of owners. For example the installation of solar panels would only need a third of votes of the owners.
