Lleida homeowner fined €59,400 for illegal mountain home with pool

A resident of La Pobla de Cérvoles, Lleida, has been fined €59,400 for constructing a house, two warehouses, and other buildings, including a swimming pool, without a licence on protected rural land. The Catalan High Court (TSJC) upheld the penalty, which was initially imposed by the Ministry of Territory three years ago.

The illegal structures are located in the Les Foradades area, a mountainous region between L'Albi, Cervià, and La Pobla, known for its olive groves and forests. While the homeowner avoided demolition orders, the fines remain, unless a further appeal to the Supreme Court changes the decision.

Initial Sanctions and Appeals

In 2021, the Generalitat initially fined the owner €91,400 and ordered the demolition of all structures within one month. However, two years later, following an appeal, the Ministry of Territory cancelled the demolition orders and the fine for one building and the 'pond/pool'. This was because some infractions were deemed to have expired.

The ministry then 'substituted the sanctions' for the remaining four structures, described as 'not completed or under construction', with fines totalling €59,400. These structures include a 113 m² house, two warehouses totalling 111 m², and another 52 m² building.

Legal Arguments and Land Use

The owner appealed this revised decision to the TSJC, arguing that all sanctions should be annulled. The defence claimed the constructions predated 2007, meaning the possibility of prosecuting them as urban planning infringements had expired. They also noted this date was before the Ponent Territorial Plan came into effect.

The Ponent Territorial Plan designates this area as 'preventive protection open spaces'. Under this plan, building houses and other structures is permitted only if certain conditions are met. These include a connection to an agricultural operation and the property having at least ten hectares of cultivated land or thirty hectares of forest for each dwelling. The property in question, whose owner is no longer a farmer, measures only 5.07 hectares.