By Euro Weekly News Media • Published: 28 Jan 2011 • 17:11
AUAN reports that a recent judicial decision appears to provide a glimmer of hope for the owners of illegal houses. An Almeria judge rejected the Junta’s reasons to nullify a licence of first occupation granted by Albox Town council, thus allowing the homeowners to contract water and electricity.
According to the ruling the house was constructed several years ago on non urban land without a building permit and any administrative action against it was proscribed as out of time. After satisfying several requirements, Albox Town council granted a license of first occupation to this property under a special regulation which was created specifically to deal with this type of housing classified as ‘fuera de ordenacion’; that is to say constructed without a building permit but untouchable by the administration.
The Junta challenged the license of first occupation on the grounds that there was no building permit for the property and that these houses should be regulated by an urban plan. The judge indicated that the administration “cannot in any way ignore reality” and that it “cannot prevent houses that are fuera de ordenacion from obtaining services which grant them the normal conditions of habitability”.
He also said that if the repair and maintenance of such houses is permitted, common sense dictates that they should also have services, especially when the license of occupation was granted under the strict terms of a special regulation that was not challenged by the Junta when it was created.
Share this story
Subscribe to our Euro Weekly News alerts to get the latest stories into your inbox!
By signing up, you will create a Euro Weekly News account if you don't already have one. Review our Privacy Policy for more information about our privacy practices.
Share your story with us by emailing newsdesk@euroweeklynews.com, by calling +34 951 38 61 61 or by messaging our Facebook page www.facebook.com/EuroWeeklyNews
By signing up, you will create a Euro Weekly News account if you don’t already have one. Review our Privacy Policy for more information about our privacy practices.
Download our media pack in either English or Spanish.