Portal de Lorca
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This is a measure that has already shown its effectiveness for the recovery of historic areas in other Spanish cities.
The objective is to avoid the degradation of manor houses by the neglect or abandonment of their owners.
Councilors of Historic Town and Culture in the City of Lorca, have informed that the Municipal Council will include in the new Special Plan for Protection and Integral Rehabilitation (PEPRI), which will be approved next week, the power to expropriate, force their sale Or replace the property of those listed properties located in the historical district whose owners fail to comply with the instructions on conservation transferred by the municipal technical services in their execution orders.
It is a measure of special utility, which has the objective of solving the problems that exist so far as to the possibilities that the Local Administration has to stop the deterioration of certain buildings protected by their architectural relevance.
In this way, failure to comply with an execution order, prior to a situation of ruin, may lead to the compulsory expropriation of the property.
In addition, when the owner makes use contrary or not permitted in the buildings and cataloged elements, puts them in danger of destruction or serious deterioration, in whole or in part or if the duty of conservation, rehabilitation or building is disregarded, the following measures may be applied :
Subsidiary execution at the expense of the obligor.
Forced expropriation for breach of the social function of the property, which will be carried out by the provisions of the Law of Forced Expropriation.
Forced sale: the City Council, within a maximum period of 6 months from the declaration of non-compliance, will remove the land or lots at a public auction.
Forced substitution: it is intended to guarantee the fulfillment of the duty to build, preserve or rehabilitate buildings, by imposing its exercise in co-ownership with the current landowner.
It will be carried out by a selected building agent through a procedure with publicity and concurrence.
The new PEPRI also contemplates that the processing of the demolition license of a real estate will be done in conjunction with the new building that will replace it, in order to avoid the proliferation of unmanned plots and to accelerate the process of rebuilding buildings.
The City Council reserves the right to grant a temporary license of 6 months, renewable for a maximum of 2 years, in such cases as it deems appropriate, in order to favor the use of these lots as commercial store terraces, free zones and gardens , Parking lots or urban gardens.
This new tool to promote the use of lots in the historic area will benefit from the definitive approval of the new PEPRI to all those located in the area mentioned.
The new PEPRI includes a reduction of the established deadlines so that the owners of plots and / or buildings cataloged fulfill their obligation to build, conserve and rehabilitate.
This is fixed in 5 years since the plot deserves the condition of solar.
The deadline for submitting a project and applying for a license to carry out forced rehabilitation of buildings listed on the grounds of a declaration of ruin is also shortened, remaining in 6 months.
The initiation of the works can not be, in any case, more than 3 months and the realization to a year.
Owners of all types of land, facilities, buildings and buildings must use them for uses compatible with land use planning and urban planning, and are obliged to maintain them in conditions of safety, health, universal accessibility and public adornment.
The owners and, where appropriate, the holders of real rights or owners of buildings and facilities, must preserve, maintain and safeguard them in accordance with the degree of protection established in the new PEPRI.
Source: Ayuntamiento de Lorca
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