An amendment proposed by the Vox political group to the urban amnesty amnesty contemplated in the administrative simplification decree opens a partial hope of a solution for the owners of the Don Pepe apartment Don Pepe apartment blocks. The good news for them is that after the validation of the decree into law, scheduled for today Tuesday and finally postponed, they will be able to do works in their homes. However, the negative side is that the expected reversion of the ruin, for which the neighbors have been fighting for years against the City Council of Sant Josep and which has the support of Mayor Vicent Roig, and the approval of the law does not mean that they will be able to legalize the Don Pepe.
The reason is that the text to be approved by the Parliament does not modify the point of the amnesty that prevents the buildings that are under the domains of Costas, both within the boundary and affected by the easement. This is the case of the Don Pepe, as they are partially affected by it, as can be seen in the image. According to sources familiar with the negotiations between PP and Vox, both parties have agreed not to allow the buildings affected by Costas to benefit from the amnesty, although it would be the ideal solution for the Don Pepe because all the buildings in the Balearic Islands in the same situation would benefit, not only the Don Pepe, and because behind and precisely because of this, the Government would end up overturning the law as unconstitutional by invading the competences of the State. In order for the Don Pepe to legalize through the amnesty, the Government should be the one to modify the easement in the regulation that is currently being drafted. This is a possible option, but remote, since the political action goes in the opposite direction, moreover. The amendment proposed by Vox and accepted by the PP facilitates the works in buildings out of management, situation in which Don Pepe is, although they will continue with such qualification. That is, if the ruin is reversed, they could rehabilitate the building but not legalize it.
The Vox amendment
The conservative group proposes to add a new paragraph to article 54 in points B and C of the Bill of urgent measures of administrative simplification and rationalization of the public administrations of the Balearic Islands. There it refers to “the buildings or constructions executed without a license or with an annulled license in respect of which it is no longer appropriate to adopt measures to restore urban planning legality involving the demolition applicable in each case”, as is the case of the Don Pepe. These buildings that are in a situation of “out of order” would be allowed to be repaired “for reasons of public health, safety or hygiene of the people who reside there or make use of them”, which is also the case of the Don Pepe. On this point, the amendment states that, “as long as the legalization of the constructions or buildings in the illegal part is not obtained, no type of work can be carried out, without prejudice that, from the moment that it is not precedent to demand the adoption of measures to restore the urban planning legality (i.e. the works have prescribed) , the repair works referred to in letter B above can be carried out“.
No fine
However, this will not allow the urban situation to be completely regularized. The impediment to legalize the Don Pepe lies in the location of the buildings: they are partially affected by the Coastal easement, regulated by state laws . That is where the deputies of the Parliament have to tread on a minefield, since an interference in the competences of the State could cause them to overthrow the urban amnesty. This way out would allow a precarious solution for the owners of Don Pepe: if they revert the ruin, they will be able to return to their homes and carry out rehabilitation works, although without obtaining the legalization of the properties. And without facing any fine, as it is contemplated for legalizations.
Reversing the ruin
However, the first step that the owners of Block A, which was evicted due to an alleged deterioration of the structure, need to take is to reverse the declaration of ruin. to revert the declaration of ruin made by the Sant Josep Town Hall. For this, they have already submitted a detailed report prepared by a doctor in Architecture, professor at the University of Valencia and specialist in structures in which she states that. “there is no ruin“. The current mayor of the municipality, Vicent Roig, in the urgent meeting he held with the neighbors after two owners jumped the seals of their apartments, had pledged to analyze the ruin and convene the commission, something that has not happened so far. “There were made tastings, studies were made and there is no risk of ruin,” explained Silvia Hernandez, spokeswoman for the neighbors and one of the affected owners, to La Voz de Ibiza.
Standby
The plenary session of the Parliament, scheduled for this Tuesday, finally will not vote on the urban development amnesty ruling of the administrative simplification law decree, following a request from the groups PSIB, Més per Mallorca, Més per Menorca and Unidas Podemos, who are seeking a consensus to avoid construction in areas at risk of flooding.
