The new Urban Development Decree issued by the Junta de Andalucia has the Motril Town Hall scratching its collective heads – they see it as difficult to apply. But it’s not only the Town Hall, but the ecologist group, Buxus, too.

When you bear in mind that Motril has around 3,000 illegal dwellings dotted around its municipality, it is obviously a problem that needs sorting. The Councillor for Urban Development, José Luis Chica López, considers the new law a “step in the right direction,” but in his opinion it does not confront the problem in its entirety. He considers that in order to control the whole of the municipality, more inspectors, vehicles and more resources in general are needed. In other words, the Junta sets Motril a task but without providing it the means – bear in mind that Motril is governed by the PP, whilst the Junta is governed by the PSOE.

What he would prefer is to avoid demolition and apply instead “compensatory measures” of an economic nature: carrying out demolition orders is time consuming and costly in an administrative sense, whereas juicy fines would both benefit the municipal coffers and provide a kinder face come election time. Obviously, such dwellings would have to comply with all environmental requirements concerning sewage, etc.

He also pointed out that traditional agriculture (market gardening) is no longer viable and it is precisely on these plots of land that illegal houses spring up, normally as weekend retreats.

The ecologist group, Buxus, on the other hand, is more aggressive in their evaluation of the new decree, considering it electioneering, coming into being just over a month before the Regional Elections. They haven’t gone into details, but point out that there are many dwellings that are simply impossible to legalize, yet to leave those that abide in them without a roof is just not cricket in these hard-pressed times.

Note: The Decree
The decree, issued on the 10th of January, sets out to regulate illegal dwellings on non-building land that were built up to and including 2008. The decree will not legalize, as such, those dwellings, but will officially recognise their existence in such a manner that will allow them to have access to public services.

The reason behind this is that the administrative infraction generated by these illegal constructions have prescribed, which means that although they are illegal, they cannot now be demolished because of this prescription. The resulting situation is that these dwellings have fallen into a legal limbo where they are allowed to remain, but because of their illegal situation, utility companies, etc cannot provide their services.

The decree sets out to bridge this ‘limbo,’ leaving the ball in the court of each town hall to apply it to the individual cases within their municipality. All expenses incurred must be met by the individual concerned; i.e., not at public expense.

In the case of isolated dwellings, the decree offers no hope for dwellings that have been built on protected areas or water courses/floodable areas – they will be demolished. In the case of where large land areas being divided up into individual plots, the owners will have to pay for the de-facto urbanización of the housing; i.e., service roads, collective sewage, street lighting, etc.

The Seaside Gazette recommends that those concerned consult a qualified lawyer on the above points, as we’re bright lads, but not legal geniuses.

(News: Motril, Costa Tropical, Granada, Andalucia)