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20/08/2014 - Does the new land law offer hope to thousands of illegal homes?



Does the new land law offer hope to thousands of illegal homes in Valencian region?



The new land law on Spatial Planning, Urbanism and Landscape (LOTUP) became effective in the Valencian Region on 20th August, 2014.


The new law concludes a lengthy review process and consolidates five former planning laws, the Valencian Urban Development Law, the law on Spatial Planning and Landscape Protection and the law regulating Golf Courses. It also includes the controversial LRAU Law, which has so often been abused in the region.


The AULN and AUN both contributed to the LOTUP planning process whilst in its “consultancy” phase and hopefully the towns of Lliber, Catral and other towns in the Alicante Province will benefit, in particular  where houses are built on less than 10,000 M2  on rustic land and under old rules would simply be unable to become legal.


The key to unlocking the “illegality” problem potentially becomes easier under the new law, allowing the local mayor to reduce the time (in Lliber’s case from over ten years) to just over a year to deliver a General Plan.  The simplification of the law reduces the number of regulations from 1200 to 269, and reduces the conflict between town halls and regional government over localised land issues, providing the town hall has obtained regional approval over major infrastructure, conservation and major developments that may alter the backbone of the regional plan.


One of the main improvements according to the government, is that the new law will help clarify legal certainty for homeowners by increasing transparency and involvement in the planning process. It will also improve the legal rights of homeowners when dealing with developers and local government.


The new law comes at a time designed to help boost the economy, especially the construction industry which has been particularly badly hit since the banking crisis, which followed the housing boom of 2002-2008 in Spain.


The AULN has been proactive during the LOTUP process in order to ensure that your plight was heard in the Valencian corridors.


We are hopeful that this new law will now give a green light to the Mayor of Lliber to process an appropriate Plan General and to ensure that all residents are able to enjoy their right to property without fear, and to restore their freedom of movement and capital so often intertwined with the family home.


We are mindful that a new election campaign will focus on this law in May 2015 as a means to secure votes. However, promises still remain outstanding from the 2011 campaign although we acknowledge that the progress made to date has been good in comparison with the previous 4 years.


 


The PP Election Promises 2011

Electricity and water supplies to the illegal homes.


Delivery of the General Plan


"We promise to commit to this fully, and put every tool that we have at our disposal into getting the General Plan dealt with as soon as possible.” ??Alcalde Jose Juan Reus.


Latest Statistics

Number of years we have waited for a Plan Generale

12

Days since election promises:

1186

Number of illegal houses:

300

Water connections made:

23

Electricity connections made:

18+

Licences of Occupation issued:

111