I have a rural finca which is classed as Suelo Non Urbanisible: Proteccion Integral. This is high protection with very strict planning criteria, but our planned eco-tourism and land conservation project satisfies SNU laws and we have the full support of our Ayuntamiento (we are still working on the Junta).
However, the Junta recently told us that the Diputacion de Malaga has listed half of our land as Proteccion Especial Compatible, under the ‘Medio Físico de la Provincia de Málaga’ or PEPMF. The legal status of this particular catalogue is a mystery to all involved but the Junta are saying we have to change our project and not use this land because PEMPF does not not specifically permit our type of development…
Apologies for the long intro, but my questions are:
1. Which takes precedence legally? SNU (the latest legislation and the only one the Ayuntamiento told us about) or PEPMF (theoretically superseded by SNU but a higher protection).
2. Is the lawyer’s responsibility only to check with the Ayuntamiento on land classification? They were specifically asked to define all planning restrictions and applicable laws. Their attitude is that they didn’t know about it and were not told by the Ayuntamiento so its not their fault.
3. If the lawyer is responsible/negligent, is there any procedure for redress other than taking him to court? Does the Colegio de Abogados offer any client support or mediation service, for example?
I am trying to arm myself with the facts at present, because this was not the only error or omission by our lawyers that has cost us dearly. Any advice much appreciated!
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