SANTA CRUZ DE TENERIFE, Jan. 20 (EUROPA PRESS) –
The Minister of Ecological Transition, Fight against Climate Change and Territorial Planning of the Government of the Canary Islands, José Antonio Valbuena, has reported the approval this Thursday of a Decree Law for the adoption of a series of urgent measures for the construction or reconstruction of homes on the island of La Palma that will allow some 50 families, who have lost their usual property due to the volcanic eruption, to rebuild another house on plots of land, which they may own, even if the land is not urban.
Valbuena has underlined, in the press conference after the Government Council, that it is a “step” where there is talk of the “reconstruction of permanent homes in the surroundings of the valley” thanks to a Decree Law that has been subjected to different types “Of debates, of considerations by all” the parties that are going to be involved, such as the central government, the Cabildo de La Palma and the municipalities of Los Llanos de Aridane, El Paso and Tazacorte.
Thus, the territorial scope of the regulations focuses on the municipalities affected by the eruptive process and its flows, and is addressed to a group of families, made up of some 50, which Valbuena said “having lost their habitual residence, they may be in a position to to be able to undertake the tasks of construction, rehabilitation in territories, land, plots of land that their homes may own but on which there may be some type of problem” in terms of classification and qualification.
The document also defines the concepts that serve as the basis for the regulation of the norm, such as the loss of habitual residence, legal residence and residence assimilated to the situation of legality.
And as for the urban situations in which the destroyed buildings could be found, a distinction is made between those of legality and those assimilated to the first, which include those of consolidation, affectation by public action and out of order, in accordance with the legal concepts contained in the Law. of the Soil and Protected Natural Areas of the Canary Islands.
In this way, the reconstruction may be carried out on any plot that is classified as urban land, rural settlement land, common rural land, rural land for agricultural protection and rural land for landscape protection, in such a way that protected natural spaces are excluded, those included in the Natura 2000 Network, the plots destined for the public domain and those that may be affected by risks of any nature in accordance with the Insular Ordinance Plan or the Flood Management Plan.
Likewise, it has clarified that the maximum buildability will be that of the replaced property, adapting to the typology of the environment in which the plot is located; while buildings in a situation of out-of-order planning are limited in height depending on the class and category of the land.
The building can affect plots that still do not have all the services of the primary and secondary urbanization, for these cases it has been pointed out that the imposition of the provision of the services that these buildings demand is foreseen, except in consolidated urban land where the Execution of the urbanization necessary for the plot to acquire the condition of a plot.
Thus, it excludes the requirement of being open to public use, in adequate conditions, all the roads that surround the plot, limiting itself exclusively to the road that allows access to it.
The service implementation works may be carried out simultaneously with the execution of the corresponding buildings, which may retain their location in the event that the respective plot is located within a unit of action.
Finally, he explained that the procedure for granting the corresponding authorizations is based on the procedure established in article 342 of the Land Law and Protected Natural Areas of the Canary Islands, although the competence is attributed to the plenary session of the corresponding town hall. , which must approve the urban planning that will be singularly repealed.
The entry into force of the standard will be the same day of its publication and will have a temporary application as it is limited to eighteen months due to its extraordinary nature.
