October 29, 2006 at 10:07 pm #52402
Has anyone any idea what the following Quote means!
“The L.R.A.U. Law has no influence on these properties due to the fact that they are on Urbanistic land which has been previously urbanised”
October 30, 2006 at 2:11 pm #67095
LRAU (or Ley Reguladora de la Actividad Urbanistica’ ) is a Valencian Law that was introduced in Valencia region in 1984. The original intention was to stop property speculators holding onto land which was required for public use (ie building motorways hospitals etc).
It has been subject to great abuses over the last few years because developers (with the aid of large brown envelopes filled with Bin Ladens) have persuaded town halls to use their expropriation powers to turn land from rural (ir Suelo Rustico) to urbanizable – land you can build on. The net result is that owners have lost money and land in the process at the expense of developers and town halls.
However LRAU in most cases only affects Suelo rustica and is basically the law which governs the change of classification from rustic land to building land.
If land is urbano – this means it has passed from urbanisable (buildable) to built upon – ie it already has an infrastructure, Therefore urbano land is not governed by LRAU and cannot be taken under LRAU.
However who has made this statement and in relation to what. If this is something you are looking to buy then proceed with caution. Just because someone says it is urbano doesnt mean it is.
Also LRAU no longer exists and was replaced earlier this year by LUV which goes some way to redress the balance but not far enough. So depending on the person making the statement I woudl be wary because clearly he/she is regurgitating old news and is not current (in fact they are 9 months or more out of current so they clearly have little idea of what they speak)
If you need any advice then just ask.
October 30, 2006 at 2:28 pm #67097
Thanks for the explanation.
The extract is from a document dated Feb 2004.
The document is from a firm of solicitors and is to endorse an Agent selling property. The full paragraph is as follows:
“This statement is to confirm that xxxxxxxxx only sell products on Urbanized land. The L.R.A.U. Law has no influence on the properties due to the fact that they are on Urbanistic land which has been previously urbanized”
The document has been presented by the agent when asking the Question”Are we Legal”. We are currently buying property in Zurgena which is at the centre of an Illegal build scare. The council have issued licences without the PGOU being approved and the council is being charged by the court! The builder says all is Ok, the agents response is this document.
October 30, 2006 at 3:43 pm #67100
the two are completely different things. LRAU affects only land that is suelo rustica, however having illegal licences is not the same as rustic land. A Property can still be perfectly legal on rustic land providing it meets with current regulations. However a property canbe illegal on urbanised land if they builder doesnt have the necessary permits.
Im afraid you are being given a fob off – what you have been given does not answer your question. Perhaps you should go back to the agent and ask why he has given you a document about a law that is no longer in existence and to give you a full explanation of the actual question is this legal. In short he should be able to present you with a copy of the permits and building licences for that particular development. If not then it isnt legal – whether he presents you with a document stating LRAU or not.
October 30, 2006 at 4:19 pm #67102
Hi again Vince,
The builder has the Licence De Obra & the Licence of first Occupation from the council. The Junta De Andalucia is taking ALL of the council who validated the building licences to court. Demolition is being threatened at the highest level!
If the above licences have been issued, the builder paid his taxes, are we Legal, apparently not!
Just victims of a council playing russion roulette with the law, and lost!!!
the Agents letter is thus a poor response to a Massive problem!
October 30, 2006 at 5:35 pm #67103
Hi there Sandy
Worse still LRAU wouldnt apply to you anyway – it is a Valencian Land Law – nothing to do with Andalucia. I believe Andalucia have a similar land law implemented in 2003 but it is nothing to do with LRAU and is called the Andalucian Land Law (I could be wrong on its name) But your agent is definitely palming you off with a sorry excuse and either knows nothing about what he is doing or is being very shady. OR BOTH
If the town hall is at fault for issuing a licence that wasnt in the original PGOU then you should be chasing it up with them. However the builder cannot escape some kind of action because he would be well aware that any licence would be issued contrary to any PGOU in place.
I know deveopers here and they know more about town planning than the people who wrote them so the fact he may have a licence issued by the town hall he should have known it was in contravention of the PGOU.
Even if he pleads ignorance – ignorance is no defence of the law – you cant shoot someone and then say you didnt know it was acrime to kill so you must be innocent.
Not much I can advise in this situation as it seems you are stuck between a rock and a hard place. I guess it all depends on what you want to do. Good luck anyway and if I can help n anyway then just ask.
October 31, 2006 at 11:17 am #67128
I agree with Vince.
You should be weary of an agent giving such a flawed advise.
October 31, 2006 at 6:13 pm #67148
So as I understand it Sandy, the property is in Andalucia and had been given permission by the local town hall but perhaps because when this permission was granted the new law of 2003 had not been applied. This new law basically applies to building on land that does not falle within the urban area of each town i.e. rustica or land outside the urban boundary. If anyone wants to build on this rustaca land , the plans have to go to the Andalucian ‘junta’ provincial planners who then need to say yes or know before the local town hall can go ahead.
October 31, 2006 at 10:13 pm #67155
The property is in Almeria and the Town hall issued the Licence De Obra on the 29th May 2004.
We are waiting to find out what has been put forward for inclusion in the PGOU, and when!
Also, when the NEW PGOU will be issued. It is our only hope that the land is included!
What we cannot find out is what the Town Hall’s response is to the Junta,s charges, all they are saying is for all Foreigners buying in the area “Not To worry”!!!!!
Easier said than done! 🙄
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