Nothing to do with Bulgaria but its interesting and may help some of you who might own Spanish props
Spain offers lifeline to owners of illegal homes Spanish ex-pat pressure group AUAN believes that the Ministry of Public Works there is “preparing a new regulation to define a uniform set of regularisation criteria which will be applied to the tens of thousands of illegal homes in Andalucia.”
Speaking to OPP, group leader John Hillen said that while AUAN understands that “there are no plans to change the existing planning laws (the LOUA) … this latest development seeks to clarify how the law should be applied in a uniform manner.”
Hillen reports that The Ministry of Public Works is preparing a specific regulation which will cover “tens of thousands” of houses constructed on undeveloped land (‘suelo no urbanizable’) in rural areas, where the owners have found themselves in legal limbo and exposed to a varied, and sometimes contradictory, range of administrative and legal responses.
He hopes that the document or guidelines produced will establish a "
homogenous set of procedures and requirements to regularise these homes."
AUAN stresses however, that the move will not involve a change to the law.
AUAN knows that the vast majority of the houses concerned are not be included on town plans because they are on land not zoned for development and have been away from consolidated urban centres.
According to early reports from the Ministry of Public Works, it is seeking to define the minimum requirements with which these houses can obtain a license of first occupation and give the homeowners some judicial security.
Newspaper El Pais has reported that the outcome is “likely to be a ‘decreto’ or decree, which will have three basic assumptions:
1. houses that can never be legalised or incorporated into any plan will be demolished;
2. those that can meet the minimum requirements will survive, although they will be ‘fuera de ordenacion’;
3. and those that can be legalised will be legalised with all the consequences that that entails.”
It seems likely that one of the essential requirements for regularisation will be that there are no repercussions on the public purse, and that the promoters or the homeowners bear the cost for the provision of services and basic infrastructure.
This is to protect the interests of other homeowners who purchased a home legally and therefore contribute their rates and taxes to the maintenance of public services says El Pais.
AUAN understands that houses that will be condemned for demolition will be those built on protected land or those that do not comply with specific regulations, such as the country’s environmental or the coastal laws.
Reports in Spain indicate that the regulation will consider a variety of criteria to evaluate the severity of the planning breaches.
For more information you can email AUAN (Abusos Urbanisticos Almanzora No) at
[You must be registered and logged in to see this link.].