Marchal begins the expropriation of a cave-dwelling in the Carabanchel neighborhood

The Plenary of the Marchal City Council has definitively declared the need to occupy a cave-dwelling located at number 2, Carabanchel Neighborhood, to execute the conservation and rehabilitation project for the complex of medieval domestic caves and the rock chapel of Santa Catalina. The agreement, adopted on October 2, 2026, is published in the Official Gazette of the Province of Granada number 200, dated October 15, 2026, with the official reference BOP-GRA-2026-200017, and formally initiates the expropriation proceedings.

From the public information process to the definitive declaration

The proceedings stem from a previous plenary agreement, dated August 31, 2026, by which the project was initially approved for purposes of public utility and the list of assets was submitted to a fifteen-day hearing and public information process, in accordance with Article 18.1 of the Compulsory Expropriation Law of December 16, 1954. That announcement was published in the Official Gazette of the Province of Granada number 173, dated September 8, 2026, with the reference BOP-GRA-2026-173011.

According to the now-published agreement, no allegations, claims, or oppositions were filed during the public exhibition period, nor did any circumstances arise that required the modification of the list of assets. Therefore, the Plenary definitively approves the concrete, individualized, and valued list of affected assets and rights.

The affected asset and its occupant

The resolution identifies a single property and its owner:

• Owner/Interested Party: Mr. Jesús Alberto Heredia Santiago, with DNI *46.
• Nature: excavated cave-dwelling, part of the complex of medieval domestic caves of the Carabanchel Neighborhood.
• Location: Carabanchel Neighborhood, number 2, municipality of Marchal (Granada).
• Urban Identification: PGOU of Marchal, Local Heritage Catalog – Buildings, File number E5-81.
• Protection Regime: Natural Monument of the Marchal Gullies and surroundings of the Asset of Cultural Interest “Barranco del Rey Moro”.
• Registry and Cadastral Status: no record of registry entry or identified cadastral reference.
• Possessory Status: occupied by the owner.

Given the absence of registry and cadastral records, the Plenary recognizes Jesús Alberto Heredia Santiago as the interested party in the expropriation proceedings, for the purposes of Article 3.2 of the Compulsory Expropriation Law, in his capacity as the effective possessor of the asset in a public, peaceful, and uninterrupted manner for more than fifteen years.

Safety regarding ground instability

The agreement justifies the occupation as strictly indispensable to guarantee the safety of individuals and prevent risks derived from ground instability and possible landslides. These risks stem from the episodes affecting the slope and the immediate surroundings caused by the storms that occurred in the month of February, according to the published text.

Fair price, mutual agreement, and appeals

With the publication, the expropriation proceedings proper are declared initiated, in accordance with Article 21.1 of the Compulsory Expropriation Law, and the phase for the determination and fixing of the fair price is opened. However, the City Council indicates that, given the will expressed by the owner and the initially intended purpose of acquisition by mutual agreement, an amicable acquisition will be sought.

The processing will continue in accordance with the legal reports of the Secretary-Intervention, with the formalization, where applicable, of the mutual agreement act, the drawing up of the occupation and payment act, and the registry and cadastral registration of the property in favor of the City Council, in addition to its entry in the General Inventory of Assets. The Plenary empowers the mayor-president, Juan Manuel Valdivia Morillas, to execute the agreement and negotiate the amicable acquisition.

Against the resolution, which ends the administrative route, an optional appeal for reversal may be filed before the Plenary within one month or, directly, a contentious-administrative appeal before the Contentious-Administrative Court of Granada within two months. The agreement was signed in Marchal on October 5, 2026.

The decision directly affects a resident of a cave nucleus with specific heritage and urban protection, and opens a procedure that may culminate in the loss of the home through expropriation or in a sale agreed upon with the City Council. The file is now in the hands of the economic valuation phase, the step that will determine the compensation for the occupant.

Source: Official Gazette of the Province of Granada, number 200, of October 15, 2026, Local Administration, pág. 40-41 (official reference: BOP-GRA-2026-200017).