Frigiliana Cortijo Demolished

A Málaga lawcourt has ordered the demolition of a chalet with a pool, built on greenbelt land within the muncipality of Frigiliana.

AND Demolition Illegal DwellingsA building developer, a woman from the village with the initials of S.M.N.D., was sentenced to paying a fine of 1,080 euros for infringing urban-development norms, as well as being barred from her profession during two months.

The case goes back to 2003 when the guilty party obtained a municipal licence for an apero (brick, tool shed) which should not surpass 40 sq/m in size. The said licence also included an open, water tank with a surface area not exceeding 15 sq/m.

Then, in 2007, she requested another building licence to build a wall, 15 metres in length and 1.5 metres high, “to enclose a space under a terrace, making the said space unusable.” In other words, closing in a space under the terrace completely, leaving no access.

However,  she deviated from what the two licences permitted “with the intention of creating a rural-tourism dwelling.” The result was a 2-storey dwelling with a swimming pool and a leisure area (BBQ, sink; i.e., outside kitchen).

The judge considered that the dwelling was not in any way in line with urban legislation (LOUA). To start with, you would need 30,000 sq/m of land to build a dwelling on secano (no irrigated land) or 2,500 sq/m on irrigated land. As the said property sits on only 8,033 sq/m of secano it does not comply with either.

The dwelling to be demolished is in an area of the municipality known as the Paraje Loma de la Cruz and the said demolition work is to be paid for by the condemned woman, as well as court costs.

The situation reached the courts thanks to the ecologist  association, (GENA)-Ecologistas en Acción, who brought the building to the attention of Seprona, which is the environmental section of the Guardia Civil.

The judge acquitted the architect (R.F.A) who drew up the plans and the municipal surveyor (M.A.L.S) who gave a favourable report for the project so that a licence could be issued.

As for the socialist Mayor of Frigiliana, Alejandro Herrero, he assures that he has no official knowledge of this court sentence; i.e., he has not been officially informed by the court.

“We know of the denuncia lodged by the ecologists in 2009 and that there have been court proceedings, and I imagine that the owner will lodge an appeal,” said the Mayor.

He also said that he hoped the coming legislation that would permit the legalisation of existing country dwelling in an ‘irregular’ legal situation, would, for once and for all, allow country dwellings “under determined conditions,” as it is “Good for villages and counters rural depopulation.”

There were 19 demolitions carried out within the province of Málaga, all paid for by the homeowner.

(News: Frigiliana, Axarquia, Costa del Sol, Malaga, Andalucia – Photo: archive image of a demolition)

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