Demolitions are being prevented by law

Your home is safer, Demolitions are being prevented by law


The Supreme Court prevents the demolition of 344 houses in Chozas de Canales

The houses are in Programa de Actuation Urbanistica  Chozas de Canales, and the court was held in Toledo.

The tenants of PAU  Z – 9 Canales,  a neighborhood with 344 homes built eight years ago, affected by problems of legality , can now see some light at the Kafka-esque tunnel . The Administrative Court No. 1 of Toledo has ruled it ” legally impossible” to demolish these houses, despite a previous judgment by the Supreme Court in 2011, annulling  the development.

The Chozas Town Hall were facing a compensation bill of about 345,000 euros. The construction company, several banks and 200 home owners were anxiously waiting the judgement.

 The judge said the tenants are ” citizens who, in good faith and in compliance with the appearance of legality, acquired their housing ” before the first judgment of the Superior Court annulling the region urbanization occurred in 2007 . The Judge found for the owners.

He said; This court believes that interpretation of rules favouring the fundamental right to housing should prevail.”

He added ” we are facing an action  that would affect a fundamental right of hundreds of individuals  …  causing a considerable social problem.”

The issue of compensation was postponed.

It is not thought possible at the moment to completely legalise the estate, but steps could be made in this direction.

The judge reminded everyone that the Chozas has begun drafting a Municipal Development Plan to resolve this dispute, and that the regional planning laws (LOTAU) prevent demolition of buildings which have been constructed for some time.

Many thanks to John Munns for the translation.

Original article in Spanish here.

En español aquí