Vera townhall has said it is expecting the proposed demolition of a chalet in La Loma (Vera, Almería) on the 12st of January to go ahead as planned.

Notification sent

The Reader has seen the Order sent by the Director General of the Inspectorate of Zoning, Urbanism and Housing, Dª Ana Moniz Sanchez, in which she informs Vera townhall that the Court has ordered the execution of the sentence and orders Vera townhall to prepare for the demolition. The actual demolition team will be sent by the Ministry of Housing and Vera townhall will be asked to ensure they are allowed to carry out their job.

The order states that the demolition will take place on the 12th of January 2010. A meeting between government representatives and the townhall will take place on the 11th at 12 midday in Almería in order to go over final preparations. That is the same day as a proposed march through Almería city by expats in protest against the demolition of eight homes in Albox (story: Homeowners to march through Almeria.)

Order to be carried out four years after court sentence

The Almería court revoked the municipal building licence of the house in a 2006 judgment, according to the Order. This meant the Judge ordered the building works to be stopped as they were illegal. As the home had been completed, this translates to the demolition of the house with no compensation.

However, the Ministry has only now decided to carry out the demolition.

Vera townhall has said it cannot understand why the order should come “out of the blue” like this, and has questioned if it the sudden rush has anything to do with a similar order to demolish eight homes in Albox.

The house, which is close to the home of the Priors, demolished two years ago next 9th of January, is understood to be owned by a Spanish lady.

“Urgent appeal” as realities have changed

Lawyers for the home owners, who do not wish to be identified, said that they had lodged an urgent appeal to the courts in Almería asking that the demolition be stayed until the appeal is heard.

They argue that since the original 2006 judgment, zoning laws have changed, meaning the home can no longer be regarded as having no hope of ever being legal.

The appeal cites the approval of the POTALA (Levante zoning plan), published by the Junta de Andalucia in March, and the new Vera zoning plan (PGOU) in October, both of which would eventually allow the homeowner in La Loma to request legalization of the home.

The appeal says that “since the territorial realities of Vera have changed substantially since 2006, it is our belief that the original judgment is no longer valid and should be reviewed in light of current realities”.

If the courts accept the appeal before the 12th a Judge could order the demolition be postponed until the appeal is heard.

However, the townhall was gloomy about the possibility of this happening.

A source told The Reader that “the matter is out of our hands… the Junta appears determined to knock this house down, the order came out of nowhere and with the holiday period we doubt the courts will have time to consider the appeal before the demolition. We are looking for solutions, but we are also preparing ourselves for the demolition[..] the townhall does not have the power to stop this”. (Via Original Source)