Seville’s Supreme Court has ruled that the Junta de Andalucia’s law which attempted to legalise 250,000 homes built illegally, cannot be used to legalise homes which were constructed against planning regulations.
In a test case bought by a promoter facing six months jail and the demolition of his home in Seville, the Court ruled that as his home was built illegally and on land that was not urbanisable, it runs contrary to National Law to retrospectively grant this home a permit, and so the Junta’s law is inadmissible, as it runs contrary to natural justice. The regional Law is “an attempt to express the desire for a clarification of the planning laws in certain retrospective cases [..] not a blank permit to permit all buildings their permits when an attempt to obtain said permit legally would be denied” ruled the Court.
The court clarified that in the case where a permit would have been issued before construction started, the Junta Law would be applicable (ie, planning consent could be granted after the act), but that in cases where planning consent would not have been granted (even if the land use was subsequently changed to permit construction) no permit could be retrospectively issued.
The Court furthermore ruled that no further appeals against the demolition could be bought, and the sentence must be executed immediately.
The Judge was also quite nasty about the Junta in the ruling, saying, in short, that the Junta created the mess of the illegal homes, and so far had failed to approve any legitimate way in which to deal with the mess.
The ruling is a severe blow to anyone who has an illegal home in the region (such as the 12,000 Brits in and around Albox), as it appears to dash their hopes that their homes will ever be made legal, except in cases where the home was built on urbanisable land.
El Mundo and other sources.