The Governing Council today approved the Emergency Law Decree for Environmental Compliance and Territorial irregular Buildings, with which it wants to resolve a situation that affects over Andalusia 300.000 families. this standard, in whose development the cooperation of owners and municipalities affected will be critical, tries to integrate, normalize and balance the Andalusian territory, Besides giving a clear answer to the owners of these buildings spread throughout the community.
In Andalusia there is a serious problem caused by irregular buildings built outside the urban legality on which it is no longer possible to adopt measures for the exercise of the power protection restoring urban legality and legal order, to the period available to the administration to act on them has expired. The origin of these buildings, beyond planning, causes that have no infrastructure for basic sanitation and water supply and electricity, so they have no guaranteed minimum health and safety conditions required for habitation.
Have been generated, besides the problems associated with poor development of the support where they settle, risks to safety and health of the affected population, derived from locating in areas with natural risks and the self-supply of water contaminated soils by poor sanitation and treatment of waste.
Decree Law emphasizes two issues: environmental protection and simplification of processes. The main objective is to improve environmental and landscape conditions of groups of illegal housing. For regularization measures will be imposed to correct the effects of disorderly and indiscriminate growth which causes overexploitation of resources like water and soil.
On the other hand, approval of the decree law will repeal two laws-the Act 6/2016 of 1 August and the Law 2/2018 of 1 of August-, a decree -2/2012 of 10 January- and an order, March 2013. Also, The same decree law will be repealed once the new Land Law approved, which will include all contents. These, therefore, an emergency decree law, but later it will be the Land Law which regulates this matter.
With this decree law is not to give amnesty, since the inspection and disciplinary action will be prioritized, but at the same time to the current problems it is given an answer based on three pillars.
The first part of the urban instruction approved in May, which it extended the declaration of outside management assimilated (You). This figure is not a legalization but the recognition of a situation of irregularity before which, prescribing the crime, no measures can be taken to restore legality. The AFO statement allows owners to access the Land Registry and to basic services such as water, light and sanitation, as well as the possibility of carrying out maintenance works and maintenance.
Accepted the possibility of the Declaration of AFO for isolated dwellings in general, the Board has so far refused to accept the declaration for isolated buildings in unconsolidated urban land and developable land and in buildings located within settlements (groups of buildings). For such situations had to wait for the approval of the general plan and special plan or partial plan that desarrollase to access basic services.
The new decree law allows access to any irregular building AFO, with some exceptions, as homes that are still in time to restore legality (six years since its construction) or sentence. Nor eligible under the law decree homes that settle on floors special protection.
Secondly, settlements should be included in the overall plans and, once past that step, municipalities would have to develop a special plan or a partial plan for each settlement. With this decree law every municipality may make, immediately, a special plan for a particular group of houses having or not approved its PGOU.
Until now, He had to wait nine years on average to approve a General Plan, more 20 months required a special plan. Hereinafter, the problem can be resolved within a period of between 12 and 18 months, in collaboration with municipalities.
Last, the third pillar on which this decree law is based on the incorporation of clusters of irregular housing urban character to the general plans. Municipalities must provide in their PGOU a series of minimum services, as public facilities or green areas, if they are to incorporate a settlement as urban or building.