The new law of 3/2019 for Urgent Environmental and territorial measures for irregular building in Andalucia has repealed the law of 6/2012 and the Decree of 2/2012. The previous law was widely criticised in rural areas where old buildings dating back to the 1970s and 1980’s were judged on the same criteria as luxury villas which had been built illegally by river beds or on protected land.
The law will make it easier to obtain a decision on their status from the municipality and an AFO – asimilado a fuera de ordenación. The AFO confirms that although the property is “outside the planning rules” it is registered as complying with the new law. There are less strict requirements and the time period for resolution of the matter will be 6 months from the date of application. If an AFO has been applied for under the old rules a new application can be made using the new less stringent rules. If the municipality does not respond within 6 months the AFO is not granted. A uniquely Spanish concept of “silencio administrative negativo” applies.
The new rules apply whether the land is urban, urbanizable or non urban. However certain constructions, as now, will be excluded. For example, buildings on flood plains, on protected land or at high risk of land slips.
The law will also allow the municipality to bring in Special Planning for the installation of mains drainage, sewage and water supply or other basic services. Previously the municipality had to await changes to the PGOU which was the regional plan. Now where it is essential for basic services, the Town Hall can continue with a project with property owners contributing to the cost.
Buildings constructed prior to 1975 on any type of land that would have become immune to legal action through passage of time under the laws in place in 1990 will be legitimised AUTOMATICALLY and classified as having a licence and the owner can attend the Town Hall to obtain the licence. However, this does not extend to works carried out on those buildings subsequent to that date.
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