September 2011

Hello again. I am writing this from a very chilly England in the middle of August. I arrived during “riot week” and the sun hasn’t been seen since. If ever you find yourself in despair at the machinations of the Spanish legal system or the arbitrary actions of the Junta de Andalucia then a fortnight in England in the middle of August will see you right.

The meeting held in the Camping Bar on the evening of the 4th of August was a great success, around 50 members turned out to discuss the royal decree, the proposed normativa from the Junta and our response to it. I would like to thank Francisco Delgado from CD Abogados in Torrox for helping us to clarify the mystery surrounding the term “fuera de ordenacion”. It was a great meeting and I think everyone who attended will have learned something.

What is becoming increasingly clear is that there are two kinds of fuera de ordenacion, one very bad it seems, and the other…..potentially very good. What is pivotal is whether the house has a chance of being declared legal. Houses that will continue to be in protected areas when the new plans general come out, houses that are in unsuitable land like river beds or on public rights of way or, sadly, houses that have current actions against them are all unlikely to be allowed to apply for a legal “fuera de ordenacion” and will be declared illegal “fuera de ordenacion” and face an uncertain future.

On the other side of the coin houses that become legal “fuera de ordenacion” whilst unable to be extended or have their value increased in any way will be able to be bought and sold and, in my view very importantly, can relax in the knowledge that no-one will be able to build another house anywhere near to them. The vistas that those houses currently enjoy will endure for many, many years. Long term this can only be very good news for home owners.