Legal regime of buildings in assimilation situation out of regulations status

Abstract

“In this study we have attempted to analyze the most relevant aspects of the legal regulation of the “situación de asimilado al régimen de fuera de ordenación” (asimilated to out of regulation status) whose jurisprudential origin led through the Regulation of Urban Discipline of Andalucía (hereinafter RDUA) in his reflection as rule of positive law. Traditionally, our Town Planning Law has suffered a pathological situation of urban indiscipline, especially in the country areas, causing extensive damage, sometimes irreparable. This, coupled with the concern of the Andalusian Government to seek practical solutions to everyday practice, as acknowledged by the RDUA´s Introduction, justifies this new legal form. So, we deepens into the legal regulation of the status of assimilation exposed into the section 53 RDUA, trying to clear the two possible factual paths to state an AFOs (out or regulation areas): thus, by the passing of time in order to restore the legality of the Town planning , either by the so-called “compliance equivalence“. Immediately afterwards, we emphasize the adaptation that Act 7/2002 of Town Planning of Andalusia makes in this subject, as a result of its amendment by Act 2/2012. Finally, we conclude with the study of the important legal regulatory regime of buildings and existing settlements in country areas made in in Andalucia by Decree 2/2012, of 10th January, deepening the problems raised by the doubts that exist certain categories of protected land in municipalities without town planning and the possibility of declaring AFOs in certain buildings located in urban settlements”.