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home about us join us why join? joining instructions membership renewal make a donation contact contact form email us case studies len and helen mr and mrs o mr and mrs m mr and mrs jh carole and tom mr and mrs x members only news archives 2015 2014 2013 2012 2011 2010 2009 2008 2007 homebuyers guide is your house legal? planning matters territorial plan (pota) town plans (pgous) picture galleries malaga march around and about links link to federation of organisations fighting urban abuse link to our facebook pages next member's meeting saturday 16th june at 11:00am, la parilla, albox demonstration saturday 9th november 12.30pm, palacio del almanzora, almanzora -- echr appeal help support the appeal to the european court of human rights (echr). 'if this case wins, we all win' -- member login donate now join auan renew auan -- recommended professionals ----o0o---- how to buy property in spain auan the auan is a non-profit, non-political organisation campaigning to bring about the legalisation of homes in andalucía currently considered to be "illegal". our association originated in the valley of almanzora. according to figures published by the junta de andalucía there are 12,697 illegal constructions in the valley of almanzora. many of these are homes purchased in good faith by european citizens (the majority british) in the period from 2000-2006 when the valley witnessed an uncontrolled construction boom. today many are without mains water and electricity. many more have dubious electricity connections and lack a final habitation certificate. the area is blighted as a consequence of the arrangements made between the then serving town hall officials and builders, to construct with building licences granted by the town hall but without authority from the regional government. some developers were allowed to construct houses with inadequate building licences or no licence at all. during this period an estimated £100m+ was paid to developers by unsuspecting families, some with children and (the majority) of retirement age. our members bear witness to corruption and greed amongst government employees, builders, estate agents and the supporting professions (lawyers, architects etc) many of them in denial, but still in possession of massive sums of money obtained through their activities. our experience in the almanzora valley is a microcosm of problems throughout andalucía where there is an estimated 300,000 illegal properties according to the regional government. we are open to everyone in andalucía who purchased their property in good faith, and now find themselves in a position of legal uncertainty. we are federated to faun, the national federation of organisations against urban abuse. our objectives • to bring about, as far as it is possible, the proper legalisation of land and houses in andalucía that are currently considered to be 'illegal' through collective representation to our councils, to the central and regional government in spain and to europe if necessary for remedies in this regard. • to secure a proper supply of water and electricity from the relevant providers as a legal right. • to prevent or mitigate, as far as possible, any potential 'land-grab' or infrastructure costs having to be borne by owners of properties where these should be borne by other parties i.e. property developers where owners had not been informed of the future potential expense. • to inform, support, and where possible, advise our members on matters which commonly affect them in relation to the foregoing, as far as is practicable. what do we want? we believe that the following changes are necessary to resolve the problem and make sure that it doesn't happen again. propuestas de auan (en español) 1. property acquired in good faith: in all cases of demolition of a property acquired in good faith by citizens, as a result of any administrative, contentious administrative or criminal proceedings, mechanisms must be established to ensure prior, real and effective compensation. without prejudice to the previous statement, with regard to houses with licences belonging to owners who acted in good faith, these houses should only be demolished if there is an overriding public interest (areas of risk for example), and where no other alternative exists; otherwise such houses should be considered as assimilated to the regimen of 'fuera de ordenacion'. citizens should not become victims of the maladministration of the state. 2. record proceedings in the property register: the initiation and final outcome of any administrative or judicial review or file relating to urban discipline, the restoration of disturbed planning order, or relating to the annulment of licences or planning permissions should be inscribed in the property register. failure to do so should oblige the responsible administration to indemnify the purchaser in good faith of the property for the damage and prejudice caused. this serves to promote legal certainty and prevent administrative neglect that results in prejudice to innocent third parties. 3. inscription of limitations of use: as a statutory property right, any limitations or conditions which affect the use of land, or its ownership, for planning or environmental reasons should be the subject of inscription in the property register. failure to do so should oblige the responsible administration to indemnify the purchaser in good faith for the damage and prejudice caused. the register of property should reflect reality. over and above registration, the register should promote the principles of disclosure, the legal authority of the register, the protection of legal transactions and of inscribed rights. 4. expiry of illegal land parcels: the illegal creation of urban land parcels should be subject to the normal term of expiry established in article 185.1 of the loua and the inscription of the subdivision in the property register should be allowed. it goes against the constitutional principle of legal certainty not to set a time period in which the administration must act. 5. duplication and lack of proportionality in proceedings: administrative sanctions, which are currently disproportionate, should be tempered. a response via the penal route to an infraction should impede other courses of action. submitting citizens to a series of different proceedings, added to the possibility of large fines, bankrupts the principle of proportionality. 6. extension of the regimen of assimilated to 'fuera de ordenacion': the status of assimilated to 'fuera de ordenacion' should be given to all houses, whether they are in settlements or scattered rural settlements, granting them a licence of first occupation even before the planning changes take place. the same should apply to houses in areas of special protection which were completed prior to the establishment of the protection and these houses should be subject to the same time limits established in article 185.1 of the loua. the concept of assimilation to 'fuera de ordenacion' is confusing in the 'regularisation decree', is inconsistent with case law on the subject and establishes a number of 'second class' houses. 7. settlements on protected land; it should be possible to incorporate a settlement of houses into planning even when the settlement is on protected land, if these houses: are not in zones of public domain or natural risk; when there is no serious damage to the environment; when the environmental values which resulted in the protection no longer exist; and when the demolition of the houses does not serve to effectively restore those values, or when the reestablishment measures are too costly or disproportionate. 8. facilities for incorporation into planning: it must be possible, via a change to the loua, to create areas of planning regularisation, with improved planning standards, cessions and equipment; to establish a regional fund with eligible activities relating to the management of these areas, and to provide a

URL analysis for almanzora-au.org

http://www.almanzora-au.org//recent_news.php
http://www.almanzora-au.org//prospectiveinfo.php
http://www.almanzora-au.org//index.php
http://www.almanzora-au.org//archivepress2009.php
http://www.almanzora-au.org//pgou.php
http://www.almanzora-au.org//donate_now.php
http://www.almanzora-au.org//thejhs.php
http://www.almanzora-au.org//archivepress2008.php
http://www.almanzora-au.org//mailto:[email protected]
http://www.almanzora-au.org//links.php
http://www.almanzora-au.org//recommended.php
http://www.almanzora-au.org//joinus.php
http://www.almanzora-au.org//thems.php
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