The unauthorized urban development that exists on various plots of land to the North of El Fraile district, in an area called El Lomo in Arona municipality (Southern Tenerife), is relatively recent, about twelve years old, and it is still expanding. Five years back, real estate consultant Fernando Ucha entered the region and now represents fifteen families, together with his partner and lawyer Roberto Gayoso, who have been reported by the Prosecutor’s Office for a suspected law violation related to territorial planning. In an interview with Canary Islands Now, Ucha acknowledges that “everyone involved, whether sellers, builders on rural land, or the local council, has made errors in El Lomo from the start, but some dwellings over five years old could still be approved if there is political determination.”
The five-year aspect is crucial. As it involves a criminal offence, and as Ucha highlights, “the statutory time limit we are working with is not before four years but after five.” Hence, he remains hopeful that his clients can regularize their situation, although he acknowledges its complexity and the absence of a solution for many other affected individuals who, due to their lack of awareness and understanding of the implications of a criminal complaint, have responded with objections to the notices received from Natural Protection by using Google.
Contrary to the reported hundred homes with around 400 residents, as per their estimates, the scenario is much graver, “we estimate there are about 400 properties, and new constructions are ongoing in other sectors of El Lomo; in fact, there is a new settlement just behind it.”
Approximately 400 households (with varying investor profiles) have purchased “shares” in land parcels that cannot be legally sub-divided, and all have received a notification from the Prosecutor’s Office about the complaint. “Initially, we started working on potential legalization of these lands, five plots of 32,000 square meters each. Communication with the municipal council (previously under José Julián Mena, PSOE) was positive, but it all changed when some unknown party organized a gathering promising legalization at the site. Subsequently, the Natural Environment Agency conducted an inspection in October 2022, followed by the Prosecutor’s complaint in December 2023, while the council, currently unresponsive, was supportive earlier, even naming the streets. Additionally, I possess documents stating that to legalize specific properties, you need to provide plans, photos, and land registry documents, provided it has been more than four years and an architect certifies it post that period.”
“It all originated from a 32,000-square-meter land designated for development. The developer passed away, the 2008 and 2009 crisis hit, halting everything, though it appeared that the area would be included in the new General Plan. About ten years ago, it began to be subdivided, sold, and developed into sections of about 600 meters within the initial 32,000, and in additional areas, up to five such parcels. The preliminary division is with the council, but everyone bears some responsibility and rationale,” he explains.
Consequently, he laments that “everyone has been lumped together in the Prosecutor’s complaint, which should not have been the case. There are diverse situations. No one is entirely legal, but some meet the council’s criteria for legalization, as was outlined to me. The issue arose when, during the pandemic, there was a rush for land ownership in this tranquil area; there was an assumption that the municipal council would legalize it smoothly, and people acted hastily, fully aware that they were on rustic land.”
Furthermore, with about a dozen buyers connected to the local water network, he is certain that “many more are linked. You just had to purchase the meter, but many have done so, as evidenced by the number registered, paying waste disposal fees, property taxes, and participating in local elections: accruing entitlements.”
The Quest for Legalization: A Glimpse into Property Challenges
In our pursuit of office space tenants eligible for legalization, there is a cherished belief in identifying prospects for legal compliance. Many have approached us, yet only a selected few are deemed worthy.
The Call for Cooperation
The consultant advocates for increased willingness among all parties to facilitate agreements that could potentially rescue affected families. He acknowledges the presence of unscrupulous individuals who engaged in unlawful activities post-pandemic, such as establishing hardware stores, pools, holiday homes, multi-storey residences, and businesses dealing in wooden structures.
Facing the Challenges
There is a discrepancy highlighted by the consultant regarding the legal standing of properties. While some areas remain rustic, others have witnessed unauthorized developments. The issue is further complicated by property subdivisions, with potential repercussions for all shareholders.
Contradictions in Decision Making
The consultant points out stark contradictions in the approval process, questioning the denial of legalization for 400 families compared to the endorsement of 10,000 houses in the proposed El Mojón city project in Arona.
A Legal Impasse
A significant fenced-off plot, encompassing approximately 180,000 square meters, remains excluded from the legalization prospects. This vast area, marred by legal disputes, poses insurmountable challenges due to a history of contentious actions.
A Legal Perspective
Gayoso Abogados, with offices in Tenerife, Madrid, and La Coruña, represents clients embroiled in the complexities of property legalization. The firm’s involvement underscores the pressing need to address inadequacies in the property regulatory framework, particularly concerning long-term occupants seeking legal status.
