Regarding the current lack of financial resources of local governments, knowledge and implementation town planning legislation is essential in order to find out solutions for all these problems related to town planning. Considering the current collapse of the construction sector, urban development projects do not prevail, but actions on this issue are engaged in the completion of half finished housing developments, finding appropriate solutions to urban planning irregularities as well as placing town councils and owners together in the same road in order to complete urban development processes initiated in each particular case.
Our law firm provides legal counseling for private owners and neighbours’ associations interested in initiating this process before the corresponding town council in order to propose the most suitable legal actions to complete the development, and then, obtain the town council construction acceptance and the first occupancy license in accordance with the General Plan for Urban Planning PGOU. Thus, they may not undergo the eventual legal consequences derived from the risks related to municipal permits being attacked by jurisdictional or administrative legal actions.
Regarding town planning issues, both local governments and owners have rights and duties to be ideally fulfilled in order to regularize and complete the urban development process, which had been stopped or carried out irregularly because the planning regulations were not met. As a result of the wild development activity, the Andalusian town planning Act L.O.U.A. was ignored in some ways as well as the correct adequacy of the General Plans for Urban Planning PGOU of towns to develop—their application process and approval periods were not in line with the development voracity of that moment, as they may take years to be resolved.
Currently, there are many housing developments de facto and permits without complying with the established legal procedures, as the General Plans for Urban Planning PGOU had not included this development and building possibility on this type of land or the application process of these works did not met the requirement of the Andalusian town planning Act L.O.U.A.
In Malaga and most of the Andalusian provinces, we currently find many centres of population which form perfect residential areas. Most of them have all the necessary permits granted, however they may undergo a legalization process in the following years, because the development process was carried out without complying the Andalusian town planning Act L.O.U.A and the General Plan for Urban Planning PGOU of the town. This situation implies clear repercussions for owners, as legal certainty may only be provided if they fulfill the duties derived from being the owner of the piece of land, the semi-detached house or the apartment. This is an inevitable process, so both owners and local governments involved shall face it.
Our legal firm is specialized in these town planning issues. Many municipalities have already started on this road, where all the owners living in these housing developments or population centres shall meet by means of Neighbours’ Associations. They shall appear before town councils to find out a final solution to complete the developments with the owner’s participation, so that the town council construction acceptance is obtained as well as the first occupancy license of every home. Then, an Urban Conservation Division shall be formed for the maintenance services of the residential area.
This town planning procedures are complex, however they may be directed by means of different systems regulated by the Andalusian town planning Act L.O.U.A—compensation, cooperation or expropriation, according to the specifications of each case. Development Agents and the Urban Conservation Divisions are bound to play a key role in this process.