The association Save Our Houses-Axarquía (SOHA), has made known the allegations that it has presented to the draft Law of Promotion for the Sustainability of the Territory of Andalusia, known as LISTA and that will replace the current Law of Urban Planning of Andalusia in force (LOUA). The allegations of the group, which is made up mainly of foreign residents who are homeowners who at the time had building licenses, first occupancy licenses and who paid all the municipal taxes and fees demanded by the municipalities, have the ultimate purpose of defense of the rights of the owners of irregular dwellings and that the Board take into account all their suggestions.
Let's Save Our Houses-Axarquía has submitted a letter with a dozen proposals. The spokesperson for the group, Mario Blancke, highlighted the association's proposal so that the licenses granted in their day by the municipalities without complying with the current regulations cannot be reviewed in order to obtain the declaration as assimilated to outside the ordinance (AFO) provided that are 12 years old. ?In this way justice would be done with dozens of houses that were built with licenses. We would be talking about all the previous ones to 2008 and that now they do not have any type of exit, ?said Blancke.
For SOHA, the draft of the new legislative text that the Board is preparing would require the revision of administrative acts of about 300,000 homes in Andalusia. ?If each home has at least two licenses, the building license and the first occupancy license, or where applicable, we are talking about reviewing some 600,000 administrative acts. Reviewing thousands of acts that appear to be reliable and that have caused numerous negative effects undermines the principle of legal certainty in the rule of law, ?said Blancke.
According to SOHA, the Advisory Council of the Junta de Andalucía has as doctrine the application of the Limits of Review from the age of 20, however, since it is not a jurisprudence and is perfectly reviewable, Salvemos Nuestro Casas-Axarquía has proposed ?that the The deadline for review should be 12 years ?.
On the other hand, they ask that the disseminated rural habitats (HRD) be classified as urban land so that the disaffection of the livestock routes can be requested and thus can be legal housing, even if it is not organized.
?Many owners of irregular homes request their declaration as AFO and are denied because they are affected by a realenga. The draft law does not offer any solution to these homeowners, even when they were built with a license, so the solution we propose is the disaffection of the livestock route, "insisted Blancke.
The association criticized the great disparity that exists between municipalities when setting the rates to declare AFOs. The SOHA spokesperson, who even spoke of "abuse", nevertheless applauded the La Viñuela City Council for compensating those who already paid for the licenses, albeit with a penalty.
Let's Save Our Houses-Axarquía announced that it will request the support of the Commonwealth of Axarquía for its allegations. At the same time, he has requested a meeting with the president of the Provincial Council, Francisco Salado, in order to mediate in the unification of criteria when setting the rates of the municipalities.
The president of SOHA, Philip Smalley, thanked the Ministry of Land Management for the effort in drafting the new text, and stressed that this Law recognizes for the first time, in its article 158, the existence of these houses. Smalley insisted that the existence of irregular housing in the Axarquía is very different from illegal housing, since they were protected by an administrative act.