Special Office for Legalizing Cortijos

The Motril Town Hall, probably as recognition of the immensity of the task, has opened an office to deal with the thousands of people who want to legalize their cortijos in the municipality. And all this because of the considerable turnout at the Calderón Theatre where a talk was given on the subject.

Sadly, no play has enjoyed such a packed audience in a long, long time, but the audience wasn’t there to be entertained, but to be informed and their questioned answered.

Of course, it is in everybody’s interest that as many of the 2,500 illegal dwellings be legalized; for the owners’ own peace of mind, and for the Town Hall to find extra revenue, both through the legalizing process, as well as subsequent municipal taxes on services. In the case of the former, property owners must demonstrate that the building was erected before 2008, as well as pay 3.6% of the building’s value. Furthermore, from 2014, the percentage will rise to 5% – another ‘incentive’ to legalize property as soon as possible.

This move is possible thanks to a new bill brought out by the Junta de Andalucia that aimed to deal with illegal dwellings that can no longer be fined or demolished because of the elapse of time; hence the ‘prior-to-2008’ figure. Yet, although these dwellings are safe from demolition, they exist in a legal limbo in which the owners cannot obtain the municipal water supply or be connected to an electricity supply because of the illegal status.

Yet not everybody will be able to benefit from this move because although the construction might be older than 2008, if it is built on protected greenbelt land; i.e., it has a special ecological status, then it will eventually be demolished.

So, does the option of letting things stay as they are, if it cannot be demolished, exist? Yes, but as the Vice-Mayor pointed out, if a neighbour should bring any sort of lawsuit against an illegal-property owner concerning the construction, the end result could well be that a court order is served to prevent the property being used as a dwelling, even for short periods such as holidays and weekends.

As for over 50 illegal dwellings built after 2008 and are undergoing legal measures, they have little hope, unfortunately.

Finally, you can find this new office, where experts on the subject are there to answer your questions, in the Oficina de Vivienda within the Urban Planning Office (Urbanismo) at the Town Hall.

And by the way, the information that we give here is ‘orientative’ and not ‘Gospel’ – we are not lawyers, so please consult one.

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