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La Voz Canaria

Mogán Halts Legalization of 37 Homes in Monte Carrera After Court Ruling

A recent, non-final judicial decision has compelled the Mogán Town Council to pause the process aimed at legalizing unlicensed properties in Arguineguín.

Facade of a traditional town hall with a balcony and iron railings, under the afternoon sunlight.
IA

Facade of a traditional town hall with a balcony and iron railings, under the afternoon sunlight.

The Mogán Town Council has suspended the process to legalize 37 homes in the Monte Carrera urbanization, Arguineguín, after a judicial ruling, not yet final, confirmed the illegality of these constructions.

The decision to halt the Urban Environment Action Program (PAMU), a private initiative seeking to regularize these properties through land cession, was made to assess the impact of the recent court judgment. This has been confirmed by municipal sources and a councilor from the Mogán Town Council's Urban Planning department.
The municipal architect had previously warned in a report about the potential impact of this judicial dispute on the administrative regularization process, recommending a legal assessment.

The ruling states that by demolishing the walls and opening these unlicensed homes, the urbanization once again had three habitable floors, thus violating legality.

The court ruling, issued on March 31, dismisses the developer's appeal against an order to restore urban legality, which had been firm since January 2022. The judgment establishes that the works were carried out without a license during the Covid-19 pandemic, involving the demolition of basement walls to create irregular apartments. The original license from March 2005 only permitted two floors, but the complex was built with three.
To avoid the demolition of the additional floor, an agreement was reached in April 2011 to wall off the ground floor, turning it into a closed basement. However, in 2020, the developer demolished these enclosure walls to build the 37 new homes and three commercial premises, according to records from the Local Police and expert reports.
One month before this ruling, the plenary session of the Mogán Town Council had approved the processing of the PAMU, which seeks to amnesty these works. The private initiative proposes ceding 625 square meters to the town council in exchange for an increase in buildable area of 3,120 square meters, necessary to regularize the homes and premises. In February, the local government authorized submitting the project for a simplified environmental assessment.
An opposition councilor had requested clarification on the legal consequences of the ruling and questioned the continuation of the PAMU without the developer proving ownership of the land to be ceded. The Community of Property Owners of the complex also opposed the legalization, arguing that the land to be ceded constitutes common elements and that the initiative was not consulted with the owners.

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