On Monday 26th, the Mijas Town Hall officially began the process of drafting an ordinance to take over 96 historic residential areas in the municipality. According to the government team, this is "an unprecedented decision that will solve a need and a citizen demand that has existed for many decades, and which will guarantee equal services for all Mijas residents, regardless of where they live".

This was announced by the mayoress of the city, Ana Mata (PP), accompanied by the councillor for Residential Areas, Juan Carlos Cuevas Dawson (Vox), and the councillor for Economy and Finance, Mario Bravo (PP). This process began with the mandatory public consultation, published on Monday 26th on the Town Hall's website, which will be open for 15 working days, i.e. until the 16th of February.

This prior public consultation complies with Article 133.1 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations. It will serve to identify the problems to be solved; the need and appropriateness of its approval; and possible alternative regulatory and non-regulatory solutions.

‘Historic’ decision

There are a total of 96 residential areas in the municipality classified as consolidated urban land which, despite being fully integrated into the urban fabric, have never been formally taken over by the Town Hall. The mayoress stressed that this "historic decision" will put an end to the legal, administrative and economic uncertainty "that affects both residents and the Mijas Town Hall itself".

 

In this regard, Mata stressed that equal services "are a right of citizens and, therefore, an obligation for this municipal government team, an obligation that no previous government team has assumed in half a century".

The mayoress explained that the current situation could lead to environmental and road safety risks, as well as a progressive lack of basic urban services and a decline in the quality of their provision, "and that is why we have decided to put an end to this situation".

Disadvantages

The local government explains that "the lack of clarity about who should preserve and maintain roads, sanitation networks, water supply, lighting or green areas is clearly detrimental to the residents of Mijas who live in these areas, as they pay the same taxes (IBI) as those in urban centres. This has historically created a situation of tax inequality and delayed service provision".

In many cases, the Executive asserts, homeowners' associations have been unable to bear the costs of the aforementioned works, and unfavourable situations have arisen in the areas of health, the environment and road safety.

 

This has led, the government team adds, to a progressive lack of basic urban services and a decline in the quality of their provision; and "has prevented access to subsidies and aid to improve services and infrastructure, in a vicious circle that has perpetuated the disadvantages in the municipality in recent decades".

Andalusian legislation

This ordinance will provide legal certainty for residents and the council and "establish a clear and participatory procedure to guarantee residents' rights and compliance with public obligations regarding essential services", explained Cuevas Dawson.

The councillor for Urban Development added that "for many years, this situation has been managed with one-time solutions, without a clear plan, which has caused frustration among residents". Cuevas Dawson stressed that "with this ordinance, we want to move from stopgap measures to an orderly and definitive solution", and emphasised that "the Town Hall will provide the framework and will accompany the residential areas throughout the process, because this can only be resolved by working together and listening to those who live there".

 

The future Municipal Ordinance Regulating the Reception of Historic Residential Areas is based on the mechanisms provided for in regional legislation, particularly the Law for the Promotion of Sustainability in the Territory of Andalusia (LISTA), which establishes the framework for the regularisation of these consolidated situations.

It also aims to find out the opinions of citizens and organisations potentially affected by the future regulation, thereby improving citizen participation.

Rights and obligations

For his part, Bravo, head of Economy and Finance, clarified that the consultation that began on Monday is independent of the public hearing and information process that will be opened later, as required by law, in the processing of the ordinance.

In this regard, he added that the Mijas government team endorses the principle of equal rights and equal obligations: "We believe that a street open to the public must be maintained with public money, including cleaning, lighting and paving. We cannot make distinctions between citizens who are not different".

Following the publication of the public consultation period, the matter will be referred to the Infrastructure and Works Department so that all phases can be carried out in accordance with the regulations and application procedure.

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