The Montellano Town Hall has issued a statement to clarify the confusion generated in recent days regarding the agreements signed in 2005 with owners of plots on non-urban land. The council details the obligations assumed at that time and the destination of the amounts paid.
The Montellano Town Hall has responded to the information that has circulated in the municipality in recent days regarding the urban planning agreements signed in 2005 with owners of plots and constructions on non-urban land. In an official statement, the council aimed to provide a clear and transparent explanation to dispel the concerns and confusion generated among the public.
As the Town Hall recalled, those letters of intent were signed in a regulatory context very different from the current one. In them, the owners acknowledged having committed an urban infringement by building on non-urban land and, as a consequence, assumed three legal obligations: the payment of an urban sanction of 3,000 euros, the minimum amount provided for serious infractions; the payment of the Tax on Constructions, Installations and Works (ICIO); and a guarantee of one euro per square meter.
This last amount, as explained by the council, was set as a guarantee against the definitive amount that could result from the determinations of the future General Urban Planning Plan (PGOU), especially regarding the financing of general systems and the necessary expansions for a possible urbanization of the area. As stated in the agreements themselves, this amount was retained by the Town Hall until the approval of the corresponding redistributive project, at which point it would become a partial payment.
However, due to subsequent changes in urban regulations, the PGOU was never approved, and the affected areas were not urbanized as initially planned. The Town Hall has indicated that circumstances beyond its control, such as the housing crisis, changes in regulations, or the lack of initiative from residents, have prevented the conditions necessary to apply the guarantee as originally proposed.
Regarding the amounts paid as a sanction and for ICIO, the council clarified that they were legally entered into the municipal budget as part of the ordinary income of the Town Hall, just as occurs with any resident who commits an infringement or carries out construction, in accordance with current regulations. In no case are these discretionary funds or amounts unrelated to the Municipal Treasury, it emphasized.
Over time, and in light of the need to offer a realistic and legally compliant solution, the Town Hall approved in 2020 the Regulatory Tax Ordinance for the Provision of Urban Services, under the Land Law. This ordinance regulates the figure of the Asimilado a Fuera de Ordenación (AFO), provided by Andalusian legislation to regularize this type of construction.
The municipal statement emphasizes that the ordinance includes a procedure for owners of these plots to regularize their situation, provided they meet the established requirements. In this way, a legal avenue is offered to resolve a situation that has persisted for almost two decades.
The Montellano Town Hall has made it clear that all information regarding these agreements and the 2020 ordinance is available for residents who wish to consult it. The goal, according to the council, is to ensure maximum transparency and dispel any doubts that may have arisen in recent days.
The controversy had generated uncertainty among the owners of the affected plots, some of whom have been waiting for an urban solution for years. With this statement, the Town Hall aims to reassure residents and clarify that it is working within the legal framework to provide a resolution to this situation.
The next step, according to municipal sources, will be to continue with the application of the 2020 ordinance, which allows owners to take advantage of the AFO figure and thus regularize their constructions. To do this, interested parties must submit the required documentation and pay the corresponding fees, as established in the regulations.
The Town Hall has reminded that the ordinance has been in effect since its approval and that any resident who wishes for more information can visit the municipal offices or consult the documents published on the council's website. This measure aims to provide a definitive solution to a problem that has been ongoing for years.
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