The Decree Law on Urgent Measures for the Environmental and Territorial Adaptation of Irregular Buildings approved yesterday by the Andalusian government is aimed at ending the lack of legality of 327,583 homes built throughout Andalusia on unconsolidated land (meaning a property that is not planning approved) and is out of urban legality.
The new legislation would allow the regularisation of settlements or groupings of houses, which are consolidated as an urbanisation.
How many houses are there like this in Andalucía?
Approximately 327,000 properties. These houses are called in the planning language AFO (assimilated outside management).
Will local councils promote the new legislation?
No, owners of these houses will have to proactively ask the municipalities to apply this recent Decree to their home.
Are there any exceptions?
Yes, properties located in protected areas, built in the first 100 metres of coastline, and those which already have a firm— non appealable—Court decision, may not benefit from the Decree.
There are also exceptions for houses built in flood areas, although there are exceptions if the owners undertake the costly works to avoid the risk of flooding.
Will the process be quick?
Yes. In the past this process could take up to 11 years. With the new decree the process should take between 12-18 months.
Before the new Decree, any homeowner willing to regularise their property had to wait for the approval of a Local General Urban Planning Rules (PGOU) ( around 9 years) and, later, for the approval of special plans to access basic services ( around 20 months).
The new decree, gives the Junta de Andalucia (Andalusian Government), the last word in urban planning matters and has authorised the implementation of a special plan, without having to develop a PGOU.
Will public facilities or green zones be provided?
Yes. Local Councils will have to provide irregular urbanisations with public facilities or green zones and include them in their general urban planning rules.
Costaluz Lawyers
