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Regularisation of Illegal Homes. Approved in the Draft Law on the 07/10/2014 by the Regional Government of Andalucia

The Junta of Andalucía has taken the first step towards the regularisation of the 300.000 plus illegal properties located in the autonomous region with the approval of a preliminary draft of a new bill.

The modification introduced will apply to three articles in the LOUA (Ley de Ordenacìon Urbanistica en Andalucia). The effect of this will be widespread, permitting owners of these illegal dwellings, the entitlement to the legal provisions of water and electricity supplies. The properties will also have easy access to register their homes in the ‘registro de la propiedad’ (land registry).

To regularise a property (which does no imply legalise) and to meet the criteria, owners must accredit that the build had been completed at least six years before the application date, and not be subject to court proceedings or administrative sanctions.

Furthermore, the drafted modification contains a mandate stating that the municipalities must, within two years from the date of law becoming operative, initiate procedures to identify isolated properties in ‘suelos no urbanizable’ (non urban land).

What are the consequences of the modification to the aforementioned articles?
Uppermost it will give legal security to properties with these irregularities, that these edifications will be categorised into a similar scheme as that known as ‘afuera de ordinación’ (indeterminate, not defined). This will enable the property owners to seek authorisation to carry out repairs and maintenance on their homes to a standard of habitation, this in keeping with health and safety standards and allowing the registration of the title deeds in the ‘registro de la propiedad’ (land registry). This will ensure the legal connection of the necessary utilities.

Both myself and our team of expert lawyers, are at the disposition to all those homeowners whose properties are affected by these anomalies. We can give you a professional and expert assessment in relation to your particular case before the law comes into force. For us to provide you with this service, we would like to offer you an initial free consultancy at our offices advising you on how to proceed to regularise your situation.

For further information or an appointment, you may contact me on link below.

It is with great sadness that we say goodbye to Juan Espejo after his unexpected and sudden death. We will keep all his blogs but have changed the email address to: info@citizensadvice.org.es

Author. Juan Espejo Lawyer.

10/10/2014

UPDATE: The modification of the law approved on the 05/08/2016.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

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