The decree-law introduces changes to four legal provisions approved after the 2021 volcanic eruption. The aim is to address situations that have arisen during their application, particularly concerning the accommodation of affected individuals, the reconstruction of buildings, land management, and the restoration of affected economic and agricultural activities.
Among the new measures are the possibility of relocating families housed in prefabricated dwellings to conventional homes, new conditions for the relocation of buildings and agricultural holdings, compensation for property owners affected by the future expansion of the Cumbre Vieja Natural Park, and the regulation of banana plantation transfers.
In terms of housing, the relocation of residents from prefabricated houses to conventional homes is contemplated, provided they still meet the requirements for rehousing. Regulations on the segregation of plots in rural land are also modified to specifically address cases where a dwelling is already built.
Economic compensation is established for property owners whose land will be included in the expansion of the Cumbre Vieja Natural Park and who cannot rebuild on their original plots. The amount will be determined by the sale value of land suitable for reconstruction within the lava flow and the pre-eruption use of the properties. The relocation of pre-volcano constructions, facilities, and activities to other areas of the island is also considered, with the special regime for these cases extended until December 31, 2030.
Regarding economic activities, the regulation allows for the relocation of industrial, commercial, and tourist properties destroyed by the eruption to other plots on La Palma.
In agricultural matters, conditions for relocating holdings affected by lava are modified, allowing their transfer to other plots. The transfer of banana plantations to other producers is regulated, with transferees assuming rights and obligations, including POSEI aid. Acquirers must commit to resuming agricultural activity within two years and maintaining production for a minimum of five years.
The decree-law also amends the zoning update regime, allowing competent ministries to adapt zoning based on lava flow conditions, according to reports from the La Palma Island Council.
These modifications affect Decree-Law 15/2021, Decree-Law 1/2022, Law 2/2024, and Law 3/2024, which form the specific regulatory framework established after the 2021 volcanic eruption.
