Inadequate New Law

Not everybody considers that the new, regional law that aims to solve the problem of illegal country dwellings is not up to the task.

AXA SOHA Illegal CortijosFor the Save Our Homes Axarquía (SOHA), whose aim is to find a legal solution for homes considered illegal thus removing the threat of demolition, the new law falls short of achieving this.

They do consider that the Ley de Impulso para la Sostenibilidad del Territorio de Andalucía (LISTA) is a step in the right direction and that it does take on board several of their suggestions but it doesn’t completely solve the problem of single-family dwellings in isolated areas within the Axarquía.

It is estimated that there are over 20,000 such dwellings in the province whose legality is in limbo.

The association Spokesman, Mario Blancke, pointed out that “the majority of the affected dwellings under the previous law already had bulding licences and deeds, yet now, with the new legislation, they have to request a DAFO (Declaración de Asimilado Fuera de Ordenación) and declare their house as illegal.”

For this reason the SOHA Spokesman regrets that the Junta describes the AFO as a solution when in reality it remains a problem for Axarquía where the majority of dwellings were built with a licence, therefore if there is a valid licence, which has not been declared null and void, the dwelling can’t be declared AFO.

He considers that an AFO is not a legalization, as the Junta would have them believe, but rather a declaration of it being a “tolerated illegal dwelling.”

Editorial comment: It appears that in many cases the houses were built legally with the administrative blessings of town halls, so the error was on the part of the said town halls. In other words they were wrongly given licences for plots where they should not have been built. 

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

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