LEGAL OR NOT?

[PhillipJLloyd]

Very confusing, one post is saying town halls can change things,another says they have no power, it's only the junta that has the final say ?

[Roger]

On the issue of a legal issue against a property, nothing can be done while it is against the property.
But for the cases I cited the legal case is finished.

When the land has been urbanised the council can issue a segregation document and a certificate of occupation.
The building licence will be replaced by a 6 year Certificate of Antiquity, in the same way that you can legalised a pool or a house extension which did not have a licence, provided it is on urban land.

When you say that there are many houses in this situation, this surprises me because I am specifically referring to houses which were built on rustic land but were eligible to be included within a modified urban plan. This is what has happened to these houses I have mentioned, with Innovation 14 which extended the urban boundary in Arboleas to include these houses, thus making them totally urban (or will be when the process is completed by the Town Hall).

[Fishnthenet]

Are you saying a court of law can revoke a building licence but a new licence can then be granted on approval of a town plan?  Genuine question Roger from your post as there are many properties that are in this situation and it seems strange that a legal decision can be overridden by another action, also if we go back to the Malaga judgement the Supreme Court I think from memory (could be wrong or not properly understanding its meaning) stated that approval of a town plan does not make a property legal if it has legal issues against it.

[Roger]

LEGAL OR NOT?

The recent story about the house in Albox has caused a lot of concern and I have received questions from people regarding their houses.
In order to balance the information I am publishing the facts regarding legal action against houses in Arboleas.

In 2008 seven houses built on rustic land were reported to the police by an environmental pressure group.
This resulted in legal action against the houses, which included a demand by the public prosecutor for their demolition.
The contracts for the houses were signed by the owners in 2004, and in 2007 the builder obtained retrospective licences from the Town Hall, with which the owners have obtained escrituras.
Because the Town Hall had issued licences, in the event of demolition the Town Hall would have been liable for compensation, which would have been financially impossible for the local council.
As a result of the legal action, the Junta Planning Official instructed the Town Hall to rescind the licences. The Town Hall assisted the owners in registering their innocence at the court hearing, and also to appeal the instruction to rescind the licences, on the basis that the clients had acted in good faith.
After two appeals (assisted by the Town Hall at no cost to the clients) the administrative court in Granada rejected the appeal by the clients on the grounds that while the clients had acted in good faith the builder had not.
Consequently Arboleas Council was forced to rescind the licences, although the escrituras have not been cancelled since only a judge can do that.
With innovation 14 these houses are now waiting for the Town Hall to urbanise the land and issue new valid licences.
The court case resulted in the politicians and the builder's architects being debarred from office for 5 years.
There was no action against the property or the clients.

In 2008 twenty houses in Los Torres built on rustic land were reported to the police by a Spanish neighbour.
This resulted in legal action against the houses, which included a demand by the public prosecutor for their demolition.
The case has now been completed. There has been no action against the clients or the houses.
The builder has been fined 5000 euros, plus legal fees of 6500 euros.
I have paid this from money which the clients owe the builder when their houses have all the documents. I have authorised this to avoid any unnecessary delay in the legalisation process.
The legalisation of these houses are now in process, although there will be a lot of delay due to slowness by the Town Hall in approving the segregation document, a tax debt by the builder against the land, and problems in contacting all the clients or their inheritors.

I am not aware of any unresolved legal action against any rustic houses in Arboleas.
Nor do I believe that it would be possible due to the length of time the houses were built, and the fact that they are now on urbanisable land.