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Articles tagged with: undeveloped land

assimilated out of ordination, building permit, developer, english speaking solicitor, Headline, judgment, lawyer, legal advice, malaga, nerja, non developable land, Property law, property law, solicitors Nerja »

[28 oct 2013 | No Comment | ]
RECENT CONTROVERSIAL DEMOLITION OF TWO PROPERTIES

Last Monday October 14th, the Regional Andalusia Government Junta de Andalucia carried out the demolition of two houses which  were built without construction permit on non-developable land in the rural area of Las Terreras, in the municipality of Las Canteras, Almeria.
In this case, the developer did not have construction permits to build both properties. This is a different situation from that explained in our blog post in March, but there are also involved third parties in good faith, who bought the aforementioned properties to the developer/seller. The demolition of these …

assimilated out of ordination, building permit, english speaking solicitor, Featured, lawyer, legal advice, non developable land, out of ordination, Property law, property law, solicitor, solicitors Nerja, torrox, undeveloped land »

[5 mar 2013 | No Comment | ]
BUILDING PERMIT INVALIDITY AND CONSEQUENCES FOR THIRD PARTIES IN GOOD FAITH

One of the legal problems affecting some owners of properties on non-developable land has originated in the last ten years with the invalidity of building permits, which protected these constructions on non-developable land. This invalidity has been obtained in most of the cases by means of the corresponding contentious-administrative court proceedings.
First of all, the invalidity of a building permit would imply the demolition of what has been built under this permission on specially protected non-developable land; in case of common non-developable lands (without special protection), this invalidity may imply the …

Andalucía, assimilated out of ordination, english speaking solicitor, Featured, lawyer, malaga, out of ordination, property law, undeveloped land »

[6 sep 2012 | No Comment | ]
PROPERTIES ON NON-DEVELOPABLE LAND AFFECTED BY RECENT FIRE IN COSTA DEL SOL

As a result of the terrible fire initiated last Thursday 30th in Coin, an estimate of 100 to 200 properties built on non-developable land within the municipal area of Coín, Mijas, Marbella, Ojén and Alhaurín el Grande were severely damaged and some of them completely ruined.
In this year 2012 the Decree 2/2012 for the regulation of buildings and scattered rural settlements on non-developable land in Andalusia was passed by the Andalusian Regional Government in January to put a stop to the problem of thousand of properties on non-developable land. However, …

developer, Headline, judgment, NON RESIDENT, Property law, property law, undeveloped land, URBAN LAW, urban plan »

[13 ago 2011 | No Comment | ]
DRAFT OF THE DECREE ON THE LEGALIZATION OF HOUSING ON NON-DEVELOPABLE LAND OF ANDALUSIAN REGIONAL GOVERNMENT

Three weeks ago, we received in our offices a copy of the draft implementing Decree of 20th of June 2011, which regulates building and scattered rural settlements on non-developable (non-urbanizable) land in Andalusia.
This draft is supposed to be created as an attempt to regulate the situation of a large number of properties located on non-developable (non-urbanizable) land in Andalusia, where criminal or administrative proceedings cannot be filed against them for land development liability, because the offense or infringement is extinguished by prescription. The Andalusian Regional Government is partially responsible for …

conveyancing, developer, Headline, NON RESIDENT, Property law, property law, undeveloped land, URBAN LAW, urban plan »

[30 jun 2011 | No Comment | ]
NEW URBAN SCENE IN LA AXARQUIA

Due to the urban complexity that most of the municipalities of La Axarquía are immersed because of the Spanish local elections held in May, the changes in the local governments could mean changes in the way of managing each municipality and in the solutions that such local governments could propose in view of the complex urban development in this area.
We have to take into account that, nowadays, most of the municipalities are working in the production and approval of their new General Plans for Urban Zoning (PGOU) to adapt them …

developer, fuera de ordenacion, Headline, Property law, property law, undeveloped land, urban plan »

[16 mar 2011 | No Comment | ]
NEW STANCE ON DWELLINGS BUILT ON RUSTIC LAND IN LA AXARQUÍA

In la Axarquía, as well as in many municipalities in Málaga and Andalucía, there are at present thousands of properties which are built on land not designated for construction. These properties have been built without any building permit whatsoever and no responsibility may be claimed as the criminal or administrative actions that would have applied, have lapsed. We refer to thousands of dwellings which will remain built for many years, and their use and enjoy will never change.
From a logical point of view, and why not mention it, from an …

developer, fuera de ordenacion, Headline, malaga, Property law, undeveloped land, URBAN LAW, urban plan »

[7 feb 2011 | No Comment | ]
FIGURE OUT OF REGULATION AND CONSTRUCTION ON UNDEVELOPED LAND

Now that many municipalities in Málaga are approving their development plans in an attempt to regulate the urban chaos in relation to dwellings on undeveloped land, and to adapt those plans to the Law on Urban Planning of Andalusia (LOUA,) the obvious question is; what will happen to the irregular housing that cannot be legalized by the new urban plan adopted by each municipality?
A possible solution to these houses can be the designating them as homes “fuera de ordenación” (out of regulation), ie homes or buildings that do not satisfy …

C&D Solicitors / Abogados is an Andalucian law firm that mainly operates in the eastern part of the Malaga province known as the Axarquia (Nerja, Velez-Malaga, Torre del Mar, Viñuela, Frigiliana, Competa, Rincón de la Victoria, etc.), but we also have clients on the western part of the Costa del Sol (Estepona, Marbella, Mijas, Fuengirola, Torremolinos, etc) and in the Granada province (Costa Tropical).