April 2016

Marta Escriva, who lives in Sevilla, and is the Ciudadanos spokesperson  regarding the Parliamentary Commission on Environment and Planning, met with the SOHA Committee on Monday 21st March at 7p.m., in the Bar Ortogosa at Cruce Zalia.  Ciudadanos are at present in a strong position to influence the Andalusian Parliament.

The amendments to Andalusian planning laws, which are awaiting discussion and ratification by the Andalusian Parliament, were discussed, and Mario Blancke expressed SOHA’s concerns about this subject.
Phil Smalley also stressed the importance of the ex-patriate community to the Andalusian economy.

Phil and Fernando Montero escorted Marta on a tour of the Alta Axarquia area on Tuesday, before she left for Mijas.
Click here to read the full report.

Our Chairman, Phil Smalley, has sent a progress report to members, about our strategy for legalising homes.

Mario Blancke will be explaining the legal intricacies of DAFO (Declaración de Asimilado a Fuera de Ordenación.)  This does not translate easily into English, but is roughly; “Declared as accepted without  planning consent”.  The Town Halls are currently under pressure from the Junta de Andalucia to categorise every property built on rural land as either legal (under the PGOU), DAFO, or illegal (for demolition). The Mayor of La Vinuela, José Juan Jiménez López, will also be there, to answer questions.

Click here for details of this event, which is a must for all home owners in the slightest doubt about their home’s legality.

Recent Posts

SOHA AGM report and more

SOHA celebrated the 10th anniversary of its formation at the 2018 AGM last week. The meeting was well attended by members and supporters as well as the Mayor of La Viñuela, José Juan Jiménez López.

Ten years seems a long time to be fighting such injustices, but we have achieved a lot during these years. Many changes in our committee over the years with each person giving their time and input as a volunteer. This of course is still the case and we would remind you all that we always welcome new committee members. Just contact us if you wish to join and help.

In this past decade we have achieved significant changes in national and Andalusian legislation that have almost made the regularization of many homes possible which without action could have received demolition orders. We are still working to protect all properties for our members and supporters and there is still a lot to do.

Philip Smalley expressed his satisfaction with the achievements reached at the AGM although he emphasized that they have been years of “hard work”. Among these, are the important modifications in the Civil Code and the Penal Code to guarantee the compensation prior to the demolition and the amendment to the Law of Urban Planning of Andalusia (LOUA) with respect to the land subdivisions in non-urbanizable land, “results of the that has meant that many non-members of the association, Spanish and foreign, have benefited to be able to sell their properties. ”

One of the major changes that have been achieved, is the reform of article 1964 of the Civil Code of October 2015 in which it was indicated that the license declared null by the courts, but without a definite deadline to demolish, prescribed the 15 years. The change means that now, those personal actions that do not have a special term prescribe after five years. Therefore, after October 2020, administrations will no longer be able to demand demolition for nullity judgments prior to 2015. “After that period, the owner will be able to benefit from the Out-of-Order Assimilate”.

SOHA will continue the work on the behalf of the members of the association and help where possible.

Join SOHA and support your friends and neighbors. Click this link to join or contribute.

Contact us if you can help or if you have questions or require assistance. Click this link to contact us.

Some images from the meeting can be found here.

Report from Axarquiaplus here.

Here is a report from Malaga Hoy in Spanish. Read more.