The president of the Junta de Andalucía, Susana Díaz, stated in Wednesday’s state of the region debate that her government plans to apply changes to Andalucía’s planning laws, or LOUA, which could regularise up to 3,000 illegal properties in Malaga.
The proposed modification refers to Article 185 of the LOUA which states that subdivided plots of land are subject to urban planning and the necessary regulations. Changes to the existing article would allow buildings on these plots to be included in Decree 2/2012 - not previously permitted - which regularises illegal properties under something called ‘asimilado a fuera de ordenacíon’. This measure, while not permitting full legalisation and the granting of primary occupation licences, does permit property owners to access basic services such as electricity and water.
However the reform will only affect small subdivided plots of land - into two parcels or more - and not those on which whole residential estates have been built. Nor does it affect those plots built on protected land or flood plains.
In spite of this the measure could benefit, in terms of Malaga province, around 3,000 homes or six per cent of the total number (estimated at around 50,000) of illegal properties. The figure rises to 20,000 to 25,000 in the whole of Andalucía.
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