The 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 preliminary draft of a new bill.

The modification introduced will apply to three articles in the LOUA (Ley de Ordenación Urbanística en Andalucía). 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 and that these edifications will be categorised into a similar scheme as that known as, ‘fuera de ordenación’ (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 also ensure the legal connection of the necessary utilities.

Our team of expert lawyers from the law firm Martínez-Echevarría, Pérez y Ferrero, 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.

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