It is calculated that there are some 300,000 illegal dwellings in Andalucía, 50,000 of which are in Málaga with 20,000 of those in the Axarquía area.
The law decree issued (26 Sept 2019) on a regional level by the PP-Cs coalition government in an attempt to change the Asimilado a Fuera de Ordenación (AFO) status of these illegal dwellings has run into conflict with the Central Government.
This opposition from Madrid has thrown a bucket of cold water on the aspirations of those homeowners who had hoped to finally legalise their properties and live without fear of heavy machinery turning up one day to carry out a court-ordered demolition.
The reason for this dispute is because the Central Government considers that the Junta has exceeded its authority; i.e., it does not have the competence to make such decisions. It’s easy to understand because if each regional government decides to make up its own rules regarding urban development then it will be chaos with things permitted in one region of the country where they would be forbidden in others.
The judicial department of the Junta considers, however, that there is no part of the decree that “invades state laws.” Furthermore, the Junta points out that despite this discord with Madrid, until a judge says otherwise, the decree remains in force.
The Junta bigwig, Marifrán Carazo, had a meeting with the Asociación Abusos Urbanísticos Andalucía-No (AUAN), Save Our Homes Association (SOHA), Pavip de Vejer de la Frontera (Cádiz), amongst other interested parties to explain the situation and to reassure them of the Junta’s conviction in this matter.
Finally, SOHA is inclined to think that the opposition coming from the socialist Central Government to the conservative-coalition Junta’s decree has more to do with political point scoring than technical arguments.
(News: Axarquia, Costa del Sol, Malaga, Andalucia)