Andalucía’s autonomous government voted for a reform of legislation that will see up to 30,000 homes across the region to be legalised. Although the change in law will only cover an estimated 9% of the total number of homes under threat of demolition, it is certainly a welcome start that will put many families’ minds at peace about their future in Malaga Province. The reform of the law will affect mostly rural homes, rather than villas built in urban areas like Marbella or the city of Malaga.
Reform to LOUA ((Ley de Ordenación Urbanistica de Andalucía - the urban plan for the region) will eventually result in the regularisation of 10,000 illegally built homes in Malaga province, most of which are located in the Axarquia.
People who own homes that were constructed on rural land that had not been legally designated for residential development more than six years ago will now be able to include them in the civil register (Registro Civil) and can finally take on a special legal status, or asimilado a fuera de ordenación (AFO). Their homes will soon qualify for connection to mains electricity and water, provided their homes were not built on areas at risk of flooding or in specially protected nature areas.
Mayors from across Axarquia welcome the Reform
Representatives from organisations such as SOHA and mayors from Axarquia town halls reacted mostly with delight, when the vote’s result was announced in the presence of Susana Diaz and members of the Junta de Andalucía.
Mario Blancke, the Mayor of Alcaucín, said: “I know how awful it has been for the owners of these properties and this change in law is going to change their lives.”
A delighted Philip Smalley President of SOHA (Save our Homes Axarquia), was quick to point out how his fellow campaigners would greet the news: “This is very good news because the uncertainty is over for many families.”
“The change in law offers judicial security for people who bought their houses in good faith,” said Antonio Moreno Ferrer Mayor of Vélez-Málaga.
The ruling should also instil faith into the hearts and minds of foreigners currently thinking about the purchase of a holiday home or permanent residence at the Costa del Sol. A large proportion of the people affected by the corruption scandals that saw thousands of homes built on land never designated as development areas are foreigners, including a large proportion of British home owners who had bought land and houses “in good faith”, They all believed themselves to be legally covered, since their solicitors had obtained relevant permits from local town halls.
Further Help for Owners of illegally-built Homes
It may have taken a year for the Junta to finally vote on the terms of the reformed law, but at least there are now three additional clauses designed to help those who have found themselves at the receiving end of Spain’s housing scandal.
These are as follows:
Town halls have a period of two years during which they must start compiling a plan that identifies affected homes and apply the AFO reform.
Local authorities are now legally obliged to reply to residents’ enquiries relating to land rights.
Town halls must speed up the process of registration on the Registro Civil to enable owners to contract mains water and electricity as soon as possible.
All political parties voted on the issues concerning illegal homes, although there were some who abstained.
According to Rodrígo Sánchez from the PSOE the change in law was, “one more commitment” from Susana Díaz’s government. He added: “we have once again shown that Andalucía institutions are tools to solve our citizens’ problems.”
José Antonio Castro from the left-wing IU (Izquierda Unida) political party explained his party’s abstention by saying that such “patch-up” decisions only achieved a part of what needs to be done, adding rather cynically that announcements like this reform invariably appear every six months before elections are due to be held.
As spokesperson for the PP, Patricia Navarro pointed out that “this is light years away from what Andalucía needs.” She said her party was still committed to “continue fighting to legalise the (other illegal) properties.”
Mercedes Barranco, Podemos representative at Andalucía’s Parliament, was even more critical of the reformed law, stressing that “at most” it will benefit owners of 25,000 homes, while generating “inequalities” among affected home owners. She also felt that the reform was not far reaching enough to solve the wider problems surrounding illegally built homes in Andalucía.
Political parties PSOE, PP and Ciudadanos all voted, with 88 votes in favour of reform. The 19 abstentions from Junta delegates showed there is still much to be done before everyone can feel home owners in the Malaga province have received justice.