Illegal Houses in the Axarquía

Many foreign residents have complained that the Decreto 2/2012 de la Junta de Andalucía which deals with houses built on green-belt land does not take into account that their homes were built with town-hall-issue building permissions, adhering strictly to approved projects.

The said association, Save Our Homes de la Axarquía (SOHA), considers that their cases cannot be dealt with in the same manner as those property owners who built their properties without any municipal consent, whatsoever. The Chairman of SOHA pointed out that they shouldn’t be paying the consequences for errors committed by the town halls, as SOHA members acted in good faith and obedience of the law.

Many of their members live in fear of having their dream homes demolished after court sentences have annulled their building permissions. They also find it odd where some houses have had their building permissions annulled while many houses around them in the same situation have not.

It is completely unjust, they feel, that those that went ahead and built their houses with no legal documentation cannot have their building licences annulled because they have never had one. Consequently if the legal time limit to restore an area to legal urban development criteria, expires then they are sitting pretty.

SOHA rejects the options given by the Decreto 2/2012 because, at best, their homes will continue to exist in a semi-recognised limbo, but illegal, nevertheless.

With all this in mind, Chairman Philip Smalley has called upon the Junta to be reasonable and to permit the complete legalization of the SOHA members’ homes. This is a big step because it is the first time that the Junta has agreed to a meeting with representatives of SOHA, so they are keeping their fingers crossed.

Readers are invited to contact SOHA via its Chairman, Philip Smalley, by email: or phone 618 041 813. You can also visit their website at:

(News: Axarquia, Costa del Sol, Malaga, Andalucia)