This manufactured home with a pool has become a nightmare for its owner. The first thing to know is what land can be built on because in this case a man faces one year and three months in prison for a crime against land use planning. This has been confirmed by the Seville audience after a previous sentence. What crime has the owner of this prefabricated house with a pool committed? Building on land in Dos Hermanas declared as undevelopable natural or rural protected by planning.
In a sentence collected by Europa Press, the Seventh Section of the Court of Seville addressed an appeal by a man, against a previous sentence of the Criminal Court number seven, which sentenced him to one year and three months in prison and one fine, as well as one year of disqualification for the activity of construction or real estate development, for a crime against land use planning.
The initial condemnatory sentence also includes “the demolition of what was built and the carrying out of the precise works to restore the plot subject matter to its original state.” More in detail, the Criminal Court number seven declared proven that in 2017, the defendant acquired “a sub-plot or undivided fragment” of an area of 550 square meters, derived from “a larger plot” located in Dos Hermanas.
“After acquiring it, the defendant, knowing that said land was classified as non-developable of a natural or rural nature protected by the General Plan for Urban Planning of Dos Hermanas, in addition to being integrated into an illegal subdivision as it was exclusively a subplot of the original , proceeded before the month of June 2018 to execute lateral and frontal enclosures with concrete blocks in its entirety about two meters high with a metal door of about six meters with a sliding system; meters long; pool 12 meters long by six wide; installation of a mobile-home, a wall with brick and mortar; metal structure with steel poles and corrugated sheet metal roof, with the subplot having water and electricity supply obtained from a common point for the entire plot, and a septic tank, as well as a TV antenna”, specifies the initial conviction.
“The Defendant, Aware of the Impossibility of Carrying Out Some of the Acquired Land Portion, Carried Out the Construction of the Sin Sincytar of Ningronic Ti PO AS LONG AS Said Works Would In No Case Be Authorizable, Adds the Condemnation of the Criminal Court .
Building with a vocation of permanence
And against the appeal of the defendant against said sentence, the Seventh Section of the Hearing states that “it is beyond doubt that what has been built is incardinable in the concept of building with a vocation of permanence illustrated by the construction of the enclosure of the subplot with concrete walls and a metal door, a concrete floor or a swimming pool”, among other elements.
“This permanent nature in itself violates the nature of the land on which it was built -also not debatable-, with the legal consideration of undeveloped land of a rural or natural nature (doors), so that no construction was authorizable according to the regulations municipal urban planning”, explains the Seventh Section of the Court of Seville, which thus dismisses the appeal and fully confirms the conviction.
