The Public Works Department of the Junta de Andalucía is preparing guidelines to be applied in cases of homes built illegally without permission.
Most of these properties are built away from urban areas on non-buildable land and the Regional Public Works Department are trying to establish minimum requirements so that the owners of these properties can have some security.
The decree will have three basic outcomes:
1. That the homes can never be legalised under any plan and face demolition. For properties built on land that has protection such as a nature park.
2. Can obtain the first occupancy licence even though outside the planning regulations. For example properties built ahead of the LOUA ordination law passed in Andalucía in 2003 that prohibited any home to be built on a rustic plot smaller than 25,000 square metres when its use was agricultural, farming or forestry. These will be looked at on a case by case basis.
3. Those that can be legalised with the consequences that brings.
For a property to become legal the process must not cost the public purse and money and the owners will have met the costs involved in providing basic services and infrastructure. In Axarquía only 5% to 15% of illegal properties are considered to have no possibility of being granted a licence and face demolition.