When you sign the purchase of a house, you assume that you acquire a home with all your previous documents, including the occupation license. There are few cases in which real estate has been sold without this permit, or a home without a first occupation license has been deeded. In this post, we inform you in detail about the sale without a license. ...continue reading "Can you sell a house without a first occupation license?"
The public prosecutor has signalled its intention to demand the demolition of 98 homes owned by British citizens in Albox, Almeria, which were built on non urban land and, allegedly, without the mandatory municipal licences.
The 98 homes are situated in the El Romeral-La Aljambra area and were constructed between 2004 and 2006 and, according to the courts, “are not legal because they do not comply with current planning laws in Albox”.
Two brothers, known under the initials J.F.A.H. and D.L.A.H., who were developers and builders of the residential complex, under various company names - Proyecto y Construcciones Almanzora SL, Procoal Villas SL and Empire Villas Sl - apparently built the homes on land not zoned for building and without a municipal licence and not only disobeyed an order to cease activity completely but continued to build more properties.
...continue reading "Courts to request demolition of 98 illegal homes in Albox, Almeria"
To find solutions for properties built on land not zoned for construction but which has been subject to subdivision and can therefore not be included in Decree 2/2012 which relates to making properties legal, and those properties for which the works licences have been annulled. These are two of the objectives of the Save Our Homes Axarquía association – Salvemos Nuestras Casas en la Axarquía (SOHA) in Spanish - which is formed by about 400 foreign residents who own illegal properties, in a series of meetings it has begun with the Junta de Andalucía’s general planning directorate to look for solutions to the problems of illegal houses.
The president of SOHA, Philip Smalley, who is also a Partido Andalucista councillor in La Viñuela, and the association’s secretary and town planning councillor in Alcaucín, Mario Blancke, had a meeting on 19th June with the general director of the planning directorate, Rafael Márquez, to discuss the problem of houses which have been built on land not zoned for construction which had been illegally subdivided. According to article 185.2 of the Law of Urban Planning of Andalucía (LOUA), there is no time limit after which the authorities can no longer demand that the land be returned to its legal state and this means that the owners cannot hope to make their properties legal.
...continue reading "Seeking a solution to the problem of illegal homes in La Axarquia"
More than 50,000 properties in the countryside of Malaga province have still not been made legal, despite two years having passed since the Junta’s decree came into force.
Associations of owners of properties built on land which was not zoned for construction lost no time in expressing their criticism of the new regulations. They consider that these did not offer a practical and effective solution to the problems they were facing in trying to make their properties legal.
The situation has changed little, if at all, two years after the decree came into force. The councils, believe the regional authority should step forward; the owners of these properties are demanding a proper means of making their houses legal and they consider that what has been done so far is of no use whatsoever.
It is of no use, they say, because the best that 80 per cent of the owners of illegal properties can hope for is that their houses can be considered as Asimilado a Fuera de Ordenación (AFO), or outside of regulation; these are buildings which do not conform to the law and town planning regulations, cannot obtain an occupancy licence and against which no action can be taken because the period of time in which this could be done has expired.
...continue reading "More than 50,000 properties in Malaga province have still not been made legal"