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 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.