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Containers, huts, tool sheds and other installations on rustic land in Fuerteventura.

21 Feb, 2024

There is a brilliant Canarian comedian called Darío López, known from “Producciones Palante”  www.palanteproducciones.com. In a parody on supernatural events, he pointed out that there was an “unbelievable” and “out of the ordinary” situation when  he had discovered the impressive case of a person who had applied for a licence for a tack room… and, that person actually built a tack room.

Of course, we all know that in reality this is not always the case.

Recently we have observed some actions undertaken by the Public Administrations to re-establish the urban planning legality on rural land in Fuerteventura, like has been done before on other Canary Islands. The reason for the Public Administration to undertake these actions is the existence of numerous installations of containers, caravans, tool rooms and other actions on rural land without having a prior licence.

We all love the island, and we all agree that the environment and the landscape of Fuerteventura should be protected and improved, and indeed  there many installations which are incompatible with the rural environment and the Law recognises this.

But in the same way the Law also recognises the citizens’ rights, there are certain outlined procedures which must be respected so that the actions of the Public administration are undertaken in a correct and legal way, and do not become disproportionate, threatening and lacking in legal rigour, by failing to comply with legal procedures, competence and information to the citizens.

The financial penalties reported are high and, if not properly defended, may involve disproportionate amounts that in no way achieve the intended purpose of the regulation, but rather make these actions even more clandestine, without solving the actual problem or without restoring the natural environment where required.

At LAJARES LAW OFFICES we are committed to the island, and as lawyers we are committed to the rights of its citizens. In our experience we know that in some occasions the actions which have been initiated by the Public Administration should not be pursued. In other cases, because the Administrations do not comply with the outlined procedures,  their actions become null and void and ineffective. 

Especially in mass proceedings, such as the one currently taking place on the island, there may be a risk that the outlined procedures and the citizens’ rights might not be respected, and a media impact is sought with a large volume of proceedings.

Over the years we have successfully defended many clients in similar situations, which the ultimate goal in a state governed by the rule of LAW.

Let’s all be responsable. Because we all LAW Fuerteventura and we all LAW its landscape and environment. 

 

 

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