Magistrate Esperanza Ramírez, head of the 2nd Administrative Litigation Court of Las Palmas de Gran Canaria, issued a ruling on March 31 confirming the irregular status of 37 homes on the ground floor of the Monte Carrera urbanization. These buildings were erected without the corresponding license during the Covid-19 pandemic. The judicial resolution, although not final and subject to appeal before the Superior Court of Justice of the Canary Islands (TSJC) within fifteen days, represents a setback for the developing company, Carrera Ground Floor.
The original license for the construction of Monte Carrera, granted in March 2005, authorized two floors per building. However, the developer built three. To avoid the demolition of the third floor, the Mogán City Council allowed its conversion into a basement by constructing perimeter walls. In 2020, neighbors reported works in this basement to enable the 37 homes, which led the City Council to open a file and issue an order to restore urban legality, which has been firm administratively since January 2022.
The building once again becomes illegal, as the number of floors is again higher than permitted.
The developer Carrera Ground Floor argued that the urban infraction had prescribed, but the judge found it proven that the works were carried out in 2020, based on testimonies from Local Police agents who caught workers in the area. The ruling also dismisses the company's argument about the situation of “out of order,” clarifying that by demolishing the walls to create the new homes, the building again exceeds the permitted number of floors.
This judicial decision comes shortly after the Mogán government authorized the processing of a private initiative by Carrera Ground Floor to regularize these 37 homes. The proposal, under the figure of an Urban Environment Action Program (PAMU), involves the transfer of 625 square meters to the City Council in exchange for an increase in buildability of 3,120 square meters. This measure, which would allow the amnesty of the illegal homes, has been rejected by the opposition (NC-Bc and PSOE) and the Monte Carrera Green Garden Club Homeowners' Association, who question the ownership of the land to be transferred.
Reports from the municipal architect, although favorable to the processing due to its possible “positive impact,” warned about the impact of the ongoing judicial process. Days before the ruling, local businessman Juan Manuel Pérez León filed a complaint requesting the precautionary halt of the legalization file, alleging that the operation “violates the principle of legality” and sets a “dangerous precedent” for urban irregularities.
