ILLEGAL CONSTRUCTIONS IN THE ANDALUSIAN COUNTRYSIDE

The real estate boom and the high prices of properties in the Coast

have given rise to an increased planning pressure in inland Andalucía in the

last few years. The consequence has been a rising demand of properties in

the countryside, the majority illegally built and acquired at much cheaper

prices than in the Coast.

The Andalusian Law on Land Use (LOUA) has on grounds of

sustainability restricted the construction in rural land when it is necessary for

agricultural, forestry or livestock production purposes. This makes

impossible to build residential properties in the countryside which is in

contradiction with what the reality shows since these do not stop developing

like mushrooms.

This restriction produces a consequent black market with illegal

properties coming to life by all kind of tricks such as refurbishing inexistent

properties which appear in the title deeds. Most of them being built with a

permission to erect an utility room which ends up being a home.

Local councils do very little to tackle this problem. They do not have

enough staff to carry out inspections and to process the proceedings to

restore the planning legal order. In addition, most villages have a small

population where everybody knows each other and the mayor do not want to

gain personal enemies if they do not rule out in their favour. These could also

turn to be potential lost votes in future elections. Finally a great number of

councils do not escape from the extended problem of the planning corruption

in Spain.

In this scenario, unscrupulous developers sell illegal properties to

purchasers, most of them foreigners, who finally receive service of

proceedings with the aim of pulling down the building. Some of these

purchasers end up being criminally prosecuted together with the builder and

the architect with a potential punishment of up to three years imprisonment

for having built in specially protected land or where building is not allowed.

The system has failed, with late reaction by the competent authorities

causing damage not only if the illegal property is pulled down but also when

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this cannot be achieved since the statute of limitation for the authorities to

react is over.

Certain measures could be considered to help resolve the problem.

One, to transfer the competence in planning permission and inspection from

the Councils to the Junta de Andalucía to avoid development of personal and

political enemies before mentioned. An ample consensus between all as to

whether is reasonable that people may not be allowed to build a countryside

property as the LOUA so provides. This is something to be faced in the

Axarquia where 3.858 properties have been built in the last 5 years. However,

on the opposite side the Spanish Law on Land Use which follows the EU

environmental policy considers rural land has value in itself which need to

be preserved and is in opposition to developments beyond the natural

borders of existing town.

In this context, we should demand that the Law is respected for

which the competent administration should put the necessary means to

achieve it avoiding irreparable damages. This would for sure help change the

citizen’s pessimistic perception on the undertaking of the administration in

enforcing the planning legislation.

Rafael Berdaguer Barbadillo

Abogado

rberdaguer@berdaguerabogados.com

www.berdaguerabogados.com

Copyright © 2009 Rafael Berdaguer Barbadillo. All rights reserved