Diario Sur March 5th

The Junta de Andalucia will legalize  Eleven thousand irregular homes in Axarquia

The department of Public Works changes its position on the houses in the area and has announced a decree to begin the process.

Clean slate.  The task of relentlessly applying the Law of Urban Planning of Andalusia (LOUA) to stop the indiscriminate construction on rural land, has led many mayors have to sit on the dock for issuing licenses to build in the countryside. Now, the Junta, has switched it’s position overnight to a more smooth and noncommittal process. Where before they said one thing, now they say the opposite.

The change is not trivial, since it will mean that illegal houses built on rural land over the past 30 years in the region of Axarquia (more than 22,000 buildings, according to environmentalists) can, in the vast majority of cases, be regularized.

Additionally they intend to deal with  houses that are being made now and do not conform  to the general plans of municipalities, the LOUA and the Area Plan of the Axarquia (Potax), for which the Junta announces “in the strongest possible way” that the object of the exercise is to avoid further illegal building.

The announcement, just two months before the municipal elections, does not appear to be without cost.

The new position, expressed by the Andalusian Government through the Minister of Public Works and Housing, Josefina Cruz Villalon, who yesterday met in Malaga with 22 of the 31 mayors of the Axarquia to make a submission of the  inventories of illegal buildings in the municipalities that detail a total of 12,760 illegal structures counted, of which 11,025  may have “ways of resolution”.

It is not an amnesty. For Villalon, this announcement is not in any way an “amnesty”, but the recognition of a reality that exists and to provide solutions, but with conditions.  “What we are doing is recognizing the existence of 11,025 homes that can enter into a process of regularisation”.  But the reality is that 86.5% of the illegal residential homes inventoried, and break the LOUA by not being linked with agriculture, livestock and forestry, will be regularized.

To this end, the Ministry of Public Works and Housing is working on new rules within Andalucia  and with the status of a decree by the Governing Council could enter into force within six months, announced Josefina Cruz .

The decree, represents a “before and after” in relation to housing development in the Axarquia, where mayors have repeatedly demanded the reform of the LOUA, aims to solve the regularization of so many houses that are already “fuera de ordenacion” (not part of the urban plan) and also those that will become “fuera de ordenanción” and being older than 4 years cannot be demolished.

According to Villalon, in Axarquia there are a number of illegally built homes on rustic land that have exceeded the statute of limitations and “cannot remain in limbo”, which is why the Junta is seeking a formula to recognize their situation .

What is going to be and adjustment procedure? According to the minister, after approving the decree that will regularise the homes on rustic land, in the case of dwellings “fuera de ordenación”, the owners must  apply for legalization to the town halls along with a proposal for , although there will be no binding requirement to use the land for agricultural, livestock or forestry.  From that moment on, town halls will be able to grant a licence of first occupation.

With the homes that the Junta  has established are “fuera de ordenación”, which are illegal  but have exceeded the statute of limitations, provided they have no “denuncias” against them and because they can not be demolished, owners will be able to ask that their home be “recognised”. “It will be a way of saying that they are there and they exist” said Josefina Cruz.  Also in this case are the local councils who will have the final word, essential works (roads, sewerage, street lighting) will be required  for them to become accepted, but in any case requests for public services will be made by the authorities.

In this sense, the head of Public Works has made it clear that the provision of such infrastructure should be provided without cost to the town hall, because “irregular” homeowners do not contribute, as  do the residents of houses built legally, to urbanization, infrastructure and facilities sector.  Also we can not forget that they are illegally built houses.

At the opposite pole are the 859 buildings that were built on not to be developed land under special protection and 976 built illegally and which have exceeded the statute of limitations, some of which could end up with their demolition, but this will remain the councils decision.  However, Cruz Villalón has revealed that the resolutions will not be fast. “We are talking about a problem that has been dragging for the past 30 years,” said the minister.

“With inventories, the various plans and the decree”, according  the head of Public Works  “councils will be given the  legal certainty for their actions and a guarantee for most of the owners, who will  have a new avenue for the recognition of homes, so they can provide them with minimum services”.

In parallel, the measure now proposed by the Ministry aims to stop legal proceedings in which some mayors have become enmeshed as a result of the authorizations that have been given on not to be developed land, though, according to the minister, those cases already open will continue through the courts for sentencing.

The announcement of Public Works and Housing has been welcomed by the mayors with open arms, although at a meeting held yesterday many of the 18 municipal officials attended the meeting have been waiting, are tired of waiting, for the decree to regularize housing.

“The main beneficiaries will be homeowners, and we’re talking about that will regularize 87% of homes built in the campo.  In the case of Iznate, regularization may reach 90%.  There will certainly be   thorny cases to be pursued, but it is certainly very positive, ” said Mayor Gregorio Campos upon leaving the meeting,.

“It’s about time” For the head of the Association Save Our Homes Axarquia  Phillip Smalley, it was time that the Junta to talk less and do more, the group advocates the legalization of 100% of the housing.

The  municipalities that are inventoried are Almáchar, Arenas, Comares, Iznate, Moclinejo Alfarnate Benamargosa, El Borge, Canillas de Albaida, Competa, Cútar, Macharaviaya, Salares, Sedella, Alfarnatejo, Algarrobo, Benamocarra, Colmenar, Frigiliana, Periana, Sayalonga and Riogordo .