Andalusia Decree Law on Urgent Measures for the Environmental and Territorial Adequacy of Irregular Buildings

26 Sep Andalusia Decree Law on Urgent Measures for the Environmental and Territorial Adequacy of Irregular Buildings

• Possibility of formulating SPECIAL PLANS, without the need for general plans or territorial plans to be planned or developed and also, in the absence of these, for the environmental and territorial adequacy of building groups irregular developments, whether or not they are planned to be transformed through urbanization.

• The regime for the incorporation of irregular buildings into urban planning is simplified with respect to the current regulation and the municipal power to order the areas with housing groups is strengthened through the Urban General Planning Plan

• For territorial groups that cannot be incorporated into the general planning because they are not compatible with the adopted territorial model, the corresponding Special Environmental and Territorial Adequacy Plans provided for in Title II of the Decree may be formulated, in application of the regime established in that title

• The first final provision of this new Decree amends several provisions of the Andalusian Law 7/2002, of December 17, in order to maintain the consistency of that legal text with the new Decree-Law. In this sense, the Special Plans for environmental and territorial adequacy are defined and regulated and the definitions of the situation of out-of-legal order (SAFO) and the situation of assimilated to out of legal order are defined and systematized. In addition, in order to urgently strengthen the control of the parcelling processes, the need for a municipal license for access to the Land Registry of any segregation on non-urbanizable land is regulated, eliminating the declaration of non-necessity licensing that has caused so many problems; expressly typifies as an infringement the advertising on the web and in the computer networks of illegal plotting processes, the execution of the onslaught of basic supplies without authorization and the issuance of technical certificates of seniority with false information.

• Irregular buildings will be in the situation of assimilation to out of legal order (SAFO) and therefore subject to the new more simplified regime established in this Decree Law, when they are completed, and for which the adoption of measures to protect urban law or restore the legal order disturbed by the expiry of the period for its exercise in accordance with Article 185.1 (6 years for those carried out on non-urbanizable land provided that they are not in non-residential soils of special protection among others). The building shall be deemed to be finished when it does not require any material action to serve the use to which it is intended, except for the works that are appropriate to guarantee the minimum conditions of safety and sanitation. In the same situation ARE, to the extent that urban legality contravenes urban legality, works, installations, buildings and buildings (Watch OUT here it does not seem to exclude works made on the soil specially protected) cases of legal impossibility or material to implement the decision to replace the altered physical reality, provided that the equivalence compensation that has been fixed has been fully satisfied, as well as those buildings executed with a licence or enabling title declared null and void after the period for the exercise of actions laid down in Article 185.1 (6 years…), from the date of completion of those buildings, and without prejudice to the judicial decisions that, where appropriate, are issued in execution of the sentencing (SEE DECREE)[:]