Wednesday, 3 December 2014

Legalization of Buildings on Undevelopable Land

Legalization Projects on Undevelopable Land

Communication. License. Settlements on Undevelopable Land. Inspection Plans.

Andalusian Decree 2/2012 establishes the regime of buildings and settlements on Undevelopable Land in Andalusia.

Administrative Communication

Among the detached buildings on Undevelopable Land, Andalusian Decree 2/2012 differentiates the buildings that conform to the current Urban and Territorial Planning, and within that classification, it differentiates the buildings that have been built without any Building Permit or violating the conditions of a granted Building Permit. For such buildings, the Decree provides that the City Council should notify the owner about the opportunity to formalize the legalization.

License and Legalization in Andalusia

Notwithstanding the administrative requirement of legalization, the owner should always apply for the License, according to the procedure described in the Andalusian Law on Urban Planning (LOUA) and the Urban Discipline Regulations.

Urban Settlements in Undevelopable Land

The legalization of completed buildings belonging to urban settlements in Undevelopable Land requires the following circumstances:
  • they must comply with the Urban Planning
  • the urban infrastructure must be endorsed by the City Council
  • all legal obligations established by the LOUA must be fulfilled.

If the buildings are still under construction, the legalization will also require:
  • all urban infrastructure works should be previously performed, or
  • all requirements imposed by the LOUA for the simultaneous development of infrastructure works and building works should be fulfilled.

Municipal Plans of Urban Inspection

Among all the documents required by the Urban Discipline Regulations for the Municipal Plans of Urban Inspection there must be an inventory including an identification of all the buildings, settlements, subdivisions and other actions that should be included in a legalization process, according to the applicable Territorial and Urban Planning, for each class and category of the land.
Legalization of Buildings

Architect Daniel Trujillano

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