illegally built homes in Andalucía to be allowed to remain standing

The new decree from the Junta de Andalucía however says that they will never be made legal

The new decree being prepared by the Junta de Andalucía on the isolated illegal properties built across the region will allow the buildings to remain, but says that they will never be declared legal. The decree intends to bring order to a reality, but notes that the law cannot allow the properties to be made legal.

El País reports the new decree will apply to properties which have been built for at least four years, provided they are not constructed in areas of outstanding beauty or in river beds where extra protection orders are in place.

Such properties can continue to be used and lived in as long as a series of basic requirements on health and safety are met.
Under the new decree local Town Halls will issue ‘a resolution of recognition’ for the properties. However with the lack of legality it means that no first occupancy licence can ever be issued, and that means the property will lack certain protection in criminal proceedings, for example in boundary disputes or in cases of compulsory purchase.

Also the owners of such property will be prohibited from carrying out any building work, other than renovation strictly necessary for reasons of safety.

The properties will have to be connected to basic services, and when they are too isolated they will have to have autonomous supplies paid for by the owners. The property owners will also have to pay a tax to the local Town Hall to obtain the ‘resolution of recognition’. Such resolutions will have to be issued within six months after an application is made and the owners will have to pay for any works to bring their properties into the boundaries of the new legislation.
Only properties constructed more than four years ago are eligible.

In the Axarquía and Almanzora valley alone as many as 25,457 illegal homes have been counted, and it is estimated that 89% of them will fall into the new legislation. In Andalucía as a whole the number of illegally built properties is estimated to be between 300,000 and 500,000.

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