Living in a Portacabin?

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22 Dec 2012 3:26 AM by Susanspain Star rating in Mijas, Malaga. 145 posts Send private message

Susanspain´s avatar

 Hi, 

Wasn't sure where to post this. but hope it gets seen.

We live in the center of a Pueblo (near Coin), and have just had a 10M x 3M portakabin appear in our residential street - on a plot that has been vacant since the Town Hall knocked down a ruin. The owners of  the plot/said portakabin have been open about telling us all it is going to be a permanent dwelling for 2* of the family members who need somewhere to live (they lived in the 'ruin' for a few years until it was declared 'unfit'.) 

Currently there is no water, electricity or sanitation, but as there was a 'vivienda' there before, we do not think it would be beyond the utility companies to install a temporary 'building' type service.
 
We (the street residents) are in shock to say the least!
We have already been to the Town Hall to stop this madness, but they say they have granted permission for a 'valla' (fence) to block the plot off from the street - but so far no rules have been broken.. This is despite the 'valla' being a 15m long and 2.5 m high substantial breeze block wall with a gate in. 
 
We need as much legal advice as possible and to stop this happening.
 
Any contacts/experiences in this matter welcome! 
 
NB Part of the objection from the residents (apart from the street looking like a Flavella and the sanitation issues), is the 2* particular family members are drug takers/dealers and caused many problems in the past. (Including violence towards folk and property.)
 

 





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22 Dec 2012 6:18 AM by Harry07 Star rating. 205 posts Send private message

Hi Susan,

Sorry to hear about this.

johnzx might be best qualified to advise on this !

Harry

 





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22 Dec 2012 8:20 AM by johnzx Star rating in Spain. 5242 posts Send private message

I note the town hall said,   "so far no rules have been broken"

 

Maybe that was beause,   "It is going to be a permanent dwelling "  i.e not yet !!

 

I would suggest that you speak again to the town hall buliding / planning dept and ask them what will happen if people ask for permission to live in it.

 

It would appear that so far they people are following the law as they have applied for, and been granted, permission for the 'fence' although you seem to be describing a wall, thus I would also question that with the town hall.

 

The town hall are the authority designated to control such things, so they are the 'fountain head'.





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22 Dec 2012 11:18 AM by Susanspain Star rating in Mijas, Malaga. 145 posts Send private message

Susanspain´s avatar

 Thanks Johnzx,

My quote that the Town Hall say 'no rules have been broken yet' is my interpretation that they have done nothing to stop this very large/substantial wall going up.

Although my denuncia to the TH regarding this matter has been taken seriously - in so far as the building inspector visited the site yesterday (sadly I was not around and we only found out as another neighbour was sitting in his office at the time wanting to speak to him regarding the same issue ;)  But the wall is still being built/has not got smaller but larger! 

We will have to see what transpires from his visit.

We hope he will make a further visit, as just a few hours later said portacabin appeared! Big monster of a thing!

I am seeking out the laws on 'temproary' homes, as I know there are strict rules and regs about anything like this in the campo, even if it is on your own land.  

I have never heard of anyone trying to do it in a town centre tho!

Will keep you posted ;)

 

NB The other neighbour (who has been threatned and her car also trashed in the past by these miscreants is going to the chief of local police to discuss the matter as she still has an ongoing court case regarding one of these family members.) Let's hope something comes out of it. 

We will not give up! 

 





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08 Jan 2013 9:49 PM by Susanspain Star rating in Mijas, Malaga. 145 posts Send private message

Susanspain´s avatar

 If anyone reading this thread has any information on the following, we would be most grateful...

I have been told that there was a (vaguely) similar situation just a few streets away from us in the recent past, where a row of illegal wooden houses had been installed, and were demolished/removed by the council as there was no planning permission granted.

If you know about this in Alhaurin el Grande pueblo, please message me.

-----

PS - I spoke to a senior lawyer at Decotta law today, who advised they would not be able to help, and that the residents had done all they could do by making personal denunicas. He said it was all a game of politics and whether the offending parties (re portakabin) had 'friends' in the town hall or not.  

How awful is this! - Rhetorical Q ;)  

 

 

 


This message was last edited by Susanspain on 08/01/2013.



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09 Jan 2013 9:09 AM by tamaraessex Star rating in Colmenar, Malaga. 508 posts Send private message

tamaraessex´s avatar
Difficult one Susan. I haven't any actual advice as this is outside my experience, just some words of support. I suppose they are saying that the portakabin is relating to their planned building works? So obviously there's a query as to whether the portakabin itself has been deemed something that can be lived in ..... The sanitation issues being the main ones, as if the portakabin was for builders then you'd expect a portaloo as well. Perhaps it's the absence of sanitation that is the best approach to the ayuntamiento?

I suspect the ayuntamiento won't or indeed can't get involved in the fact that the rest of you deem these folks as undesirable - if it's their land then sadly they can be as undesirable as they like and it's probably not the ayuntamiento's problem, so it seems correct that your neighbour has gone to the police about that.

Horrid problem, sorry nothing concrete to offer. Let us know how it progresses.

_______________________

 Blog about settling into a village house in the Axarquía. http://www.eyeonspain.com/blogs/tamara.aspx




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