The effects of the nullity of the plans planning in Andalusia and its repercussion in illegal buildings

Abstract

The approval procedure of the General Plans of Urban Planning is complex, laborious and lengthy. They must incorporate a series of sectoral reports which are often mandatory. The normative character of Urban and Territorial Plans has as a consequence that any legal defect of its approval procedure can cause their nullity. The invalidity of a General Plan of Urban Planning produces harmful effects on the socio-economic situation of the municipality and it has a significant impact on the situation of illegal buildings.
This paper, taking Andalusia’s legal framework as a reference, reviews its urban and sectoral legislation, analyzes the causes that have led to the annulment of its planning in recent case law and the extend to which that annulment affects the Planning, Management and Licensing of buildings. Eventually the paper is focused on possible solutions to mitigate the consequences of Plans of Urban and Regional Planning invalidity.