local Town Halls should not be issuing any licences for first occupation.
The Public Works and Housing Department from the Junta de Andalucía has written to several Town Halls across the region to remind them that the expiry of the four year term on homes built on non-buildable land, does not imply that the properties can be made legal, and therefore the local Town Halls should not be issuing any licences for first occupation.
The Junta has established that over recent months many Town Halls have approved local bylaws approving property which was outside that established in the LOUA and RDUA regional laws.
The regional legislation says that only those homes on non-buildable land which fit into the LOUA which takes into account farming, livestock or forestry, can be considered for legality.
El País reports that Director General of Town Planning, Daniel Fernández, commented, ‘We do not want to create expectations for the owners that their homes will be legalised, or for them to spend any money on permissions which have no judicial basis, as they could find legal problems later.
His comments go against the recent announcement from the Junta that they are preparing a decree to ‘normalise’ such homes, estimated to total more than 500,000 across the region, under a scheme which will offer documents similar to a first occupancy licence, provided that supplies and infrastructure is provided at no cost to the public purse.
Meanwhile the Andalucía High Court of Justice has announced that laws passed by Cómpeta Town Hall in 2004 to regulate building on non-buildable land are null and void. The main argument of the court is that land regularised exceeds that which can meet the LOUA regional regulations. The court considers that legislation means it not necessary for Cómpeta to issue its own regulations.
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