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Caparros says illegal homes “in the hands of the courts”



13 January 2010 604 views One Comment

Luis Caparrós, Provincial Delegate for the Andalucian Ministry of Housing and Zoning has said that there is a “precedent” for stopping the demolitions in Albox, and says it is up to townhalls involved how to deal with illegal homes in their municipalities, “according to the law”. The Courts must decide if homes can be legalised when the townhall and the Junta cannot agree.

The Junta does not knock down houses

In an interview with Europa Press, Sr Caparrós said that the Junta de Andalucia “cannot deal with specifics” but can only respond to the problem by enacting laws and ensuring overall compliance.

“Judicial sentences may be popular or unpopular but they must always be executed and complied with” he said today. “We do not judge, we ask to courts to do so, and the Courts decide according to the written Law.”

“In a State of Law such as Spain, the Junta can do little, either actively or passively, other than ask a Court to judge such cases” he continued. “The Junta does not demolish homes unless asked to help execute a judicial sentence if a townhall or house owner refuses to comply with the law”.

When asked about the Albox demolitions, Caparrós said that “AUAN and AULAN must go back to the courts to ask for the decision to be changed. The Judge has dictated sentence in accordance to the law. If they can present new evidence the Judge will, as in the recent Vera case, review the case”.

When asked about ongoing inventories to catalog illegal homes, Sr Caparrós said townhalls “are on the whole working very well with my department to identify illegal homes”.

He mentioned towns such as Lubrín and Sorbas, who have managed to legalise 90 per cent of all illegal homes with new plans, whereas plans in Albox “are very advanced”.

“Other areas that are not covered in the new townplans are being dealt with on a case by case basis” he said.

“Cantoria is in the same condition as Albox” continued Caparrós, “Oria, Partaloa, Albanchez and Zurgena, to name a few, have their plans in the preapproval stage and have regular meetings with the Junta to discuss progress. Plans are being drawn up and technicians are soon to begin analyzing and dividing up areas to decide how best to legalise homes without resorting to base generalizations”.

Original Source – The Reader

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