May 2016

What is DAFO?

The SOHAPI “What is DAFO?” event at Mis Tapitas (affectionately known as Billy’s Bar), was a great success.
The venue was packed out, with the audience overflowing onto the terrace. It was reported on the front page of Euro Weekly News on April 23rd, and P10 of Sur in English on April 22nd. Also probably inspired by reports of the meeting, BoT 159 , quoting an Olive Press article on the meeting, mentions the Junta’s pressuring Ayuntamientos to declare “99%” of houses built on rural land illegal or needing to apply for DAFO, leading towards the immediate or final demolition of all such properties.

Martyn Wroe points out that I did not mention in the news and web articles the fact that when a householder makes an application for DAFO, they are agreeing to have their building licence annulled!

Here is his comment;
“John’s article, so far as I read it, does not report absolutely everything that was said.
Perhaps it could have started by saying that the presentation was intended to clarify the situation as there have been several conflicting stories re DAFO
The most notable omission is that DAFO (if it is obtained)  annuls any “previous legal documentation that has been obtained “ and which was obtained  “in good faith”, and perhaps emphasising that there is considerable political pressure being put on the Junta to be more flexible, particularly as the current proposals affect many Spanish “traditional” owners – and SOHA is also concerned about them”.

Thanks again, Martyn for all your informed and pertinent comments.

Read the full article in English here.

National Coordinating Body

A national coordinating body has been formed for all the associations of home owners such as SOHA and AUAN. It is called CAJU (Coordinator of Associations for Justice in Urbanism).

Read the full article in English here. Spanish here.

No Demolition Without Compensation

In the North of Spain, judges are reminding the authorities of their duty to ensure payment of compensation to innocent third parties when demolitions are ordered. However, the judge insisted that the demolition should go ahead, after compensation has been assured.

Read the full article in English here. Spanish here.

Hollow Victory for Priors

The Priors have finally been awarded compensation in a Spanish court, but it is only sufficient to cover their legal costs, which have been awarded on a shared basis. Since they never did anything wrong, and were forced to defend themselves in court, this seems totally unjust.
To add insult to injury, Vera Town hall are appealing the sentence. Enough is enough say AUAN.

Read the full article here.

Recent Posts

SOHA progress news 2016 – 2017

Troubled times for those who bought their homes in good faith.

One year has passed since the Andalusian Parliament approved welcome changes in the planning laws, regarding homes on non-urbanisable land which had been split into “parcels”, and had no escape from their illegal status.
It made it possible to become “Assimilado Fuero de Ordinacion”, a status which has no English equivalent, but might roughly translate as “Accepted Outside Planning Regulations”. This status allows the owners to be listed in the Register de Propriedad, and to connect the basic services of electricity and water, (which some have lacked so far, while others, owing to the apparent legality of all their documents, have long since been connected).
Nevertheless, the bureaucratic process has been very slow, and buyers in good faith are still waiting for their ayuntamientos to approve their applications for AFO status.

In Andalusia there are almost 30,000 houses in this irregular situation.

If you find yourself in this plight, join SOHA.

You need our help; we need yours.

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“Una vida bajo la incertidumbre para los compradores de buena fe.

A punto de cumplirse un año desde que el pasado mes de julio se aprobara en el Parlamento Andaluz el Proyecto de Ley por el que se modifica la Ley 2/2002 de 17 de Diciembre que establece medidas urgentes en relación a estas viviendas afectadas por parcelaciones urbanísticas en suelo no urbanizable, a las que se le ofrecía como salida la posibilidad de ser declaradas como asimilado fuera de ordenación (AFO).
Se trata de una figura que permitirá a sus dueños poder registrar las casas en el Registro de la Propiedad y además acceder a los servicios básicos (agua y luz), algo a lo que hasta ahora no podía aspirar, mientras que otros, bajo la apariencia total de legalidad de sus documentos ya disfrutaban de todos estos servicios.
Sin embargo, el proceso administrativo es lento, y los compradores de buena fe seguirán luchando por legalización de las viviendas construidas bajo la autoridad de los permisos expedidos por el ayuntamiento local.
En Andalucía existen casi 30.000 viviendas en esta situación irregular.

Si estás en esta situación, únete a SOHA.

Necesitamos tu ayuda”.