Maintenance of plots and land to prevent fires

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Manilva is among the Andalusian municipalities included in danger zones for the risk of forest fires. The accumulation of fodder, dry brush and solid waste on plots, building land or undeveloped land can create a situation of serious fire risk.

For the benefit of everyone and in the interests of effective prevention, Manilva Town Hall is asking for public cooperation, specifically with regard to the maintenance of such plots and land.

Article 12.1 of the Municipal Ordinance on Cleanliness, Public Appearance and Waste Management (BOP MÁLAGA No. 69 of 13 April 2009) further stresses the owner’s obligation to keep such land free of dry grass and brush that pose a safety hazard.

In the same vein, and in accordance with Article 144 of Law 7/2021, of 1 December, on the Promotion of the Sustainability of the Territory of Andalusia (LISTA, hereinafter).

On the duty of conservation and rehabilitation:

The owners of land, facilities, constructions and buildings have a duty to keep them in conditions of safety, health, functionality, universal accessibility, energy efficiency, public appearance and any others required by law, carrying out the work needed to conserve or rehabilitate them, (…) in order to maintain at all times the conditions required for their habitability or effective use. (…)”

Likewise, Decree 371/2010, of 14 September, approving the Andalusian Forest Fire Emergency Plan and amending the Regulation on Forest Fire Prevention and Fighting approved by Decree 247/2001, of 13 November, establishes that owners or holders of land are obliged to keep it in a condition that does not facilitate the spread of fires; population centres, buildings, industrial facilities and residential developments must maintain a safety strip of at least 15 metres free of waste, scrub and herbaceous vegetation, although tree and shrub formations may be kept at the density that may be determined in the relevant Self-Protection Plan.

Therefore, the following is a reminder:

  1. All owners of plots, parcels and other land have a duty to carry out the appropriate clearing, cleaning and tidying work in order to maintain proper conditions of safety, health and public appearance. Specifically, cleaning and clearing work is required (of a firebreak line next to homes, roads, etc., with a minimum width of 15 metres, which must be kept clear of scrub and grass at all times).
  2. All waste from the clearing must be removed from the plot and taken to an authorised facility for proper handling.
  3. Holders, owners, associations or collaborating urban planning bodies or representatives of isolated population centres, residential developments, campsites, camping areas, businesses and facilities or activities located in Danger Zones, as well as associations or companies engaged in forestry operations within those zones, must have a safety strip with a minimum width of 15 metres, free of waste, scrub and herbaceous vegetation, although tree and shrub formations may be kept. They must also draw up their corresponding SELF-PROTECTION PLAN, which will be submitted to this Town Hall for inclusion in the Local Forest Fire Emergency Plan.
  4. It is strictly forbidden to dump rubbish, solid waste or pruning remains on plots and open spaces, whether publicly or privately owned.

The Town Hall may order the aforementioned work to be carried out, after hearing the interested parties, and failure to comply would allow for it to be carried out by the Town Hall at the individual’s expense and for fines to be imposed.

This is made known so that owners take the appropriate measures to prevent fires and damage to the environment.

 

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