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The municipal application of the Substitution Law to reconstruct buildings demolished by the 2011 earthquakes has allowed intervention in a total of 108 procedures (28/01/2019)

The councilor of Reconstruction has stressed that the Law of Forced Substitution has managed to dissolve the blocking minorities that had been generated in different reconstruction processes, allowing the reconstruction of 70 buildings demolished after the earthquakes.

The Councilor for Urban Planning and Reconstruction in the City of Lorca, Mª Saturnina Martínez, reported that the City Council has approved a new social replacement requested by the residents of the Don Álvaro building, located on Avenida de Adolfo Suárez, which enables the completion of the property, rebuilt after the damage caused by the earthquakes of the year 2011 in the previous construction.

Satur Martinez explained that due to the earthquakes of 2011 it has been necessary to undertake by this City Council many interventions to find breach of the social function of property, among other issues in the face of the difficulty of joining wills by the owners of buildings demolished to causes of earthquakes, justified in the obligatory nature of the reconstruction.

For this purpose, interventions of this type have been carried out by the Planning and Management Service of the Urban Planning Area in a total of 108 cases, divided into 10 buildings.

The Councilor for Reconstruction stressed that the Law of Forced Substitution has managed to dissolve the blocking minorities that had been generated in different reconstruction processes, allowing the reconstruction of numerous buildings demolished after the earthquakes.

Faced with this, the dissuasive effect of Law 7/2012 has unblocked the situation of these properties.

As citizens have come to know that the application of the Law was a dynamic process and that its implementation was a reality, the blocking minorities have been disappearing.

Satur Martinez has pointed out that the drafting and implementation of the Substitution Law for the reconstruction of buildings demolished by the damages caused by earthquakes in our city, has had a dissuasive effect, in such a way that it has allowed to unblock the rebuilding of, at least 70 properties.

These are different cases in which the owners of the dwellings of certain buildings did not reach an agreement, and the possibility of reaching a pact that solved the issue was not possible due, mainly, to the encystment due to the appearance of blocking minorities.

In most cases, these people have transmitted their quota of participation in the land, either to third parties, or to the community of owners themselves.

Councilwoman of Management for the Recovery after the Earthquakes, that has emphasized that from this municipal area always it is stimulated by the attainment of agreements for the resolution of this problematic, has emphasized that this fact gives us the reason;

from the City Council we explained before the different administrations that the drafting and approval of this Law was going to become a very useful tool, we could say that even key, for the reconstruction of a good number of buildings.

We have to say that from the CARM they showed us their support, proceeding to its processing in the Regional Assembly in a very short period of time.

Satur Martinez has pointed out that this procedure, both in this particular case and in the rest, is always set in motion at the request of the neighbors.

Once the application is formalized, a period of allegations is established for the party that could be expropriated, whose duration is around 15 business days.

Once this is completed, the proposal is submitted to the City Council.

After that, a new period of allegations is opened that has the same duration as the previous one, and, when it ends, the expropriation is carried out.

We must clarify, in any case, that it is not the City Council that pays the expropriation, but the Community of Owners.

From the City Council what is done is to make available to the neighbors their capacity to expropriate.

The City of Recovery after the Earthquake has said that this mechanism promotes the reconstruction of housing and protects those who want to rebuild in situations of blockade.

Those who raise the latter should be aware that they will not stop the reconstruction of housing and will not prevent the rest of their neighbors from raising their homes again by being enroled.

We are talking, in any case, of very specific cases, since the common denominator of this process is the greater awareness of citizens and mutual support.

Source: Ayuntamiento de Lorca

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