What is traditionally known as a declaration of a catastrophic area is currently included in the legislation as a declaration of an “area seriously affected by a civil protection emergency”, regulated in Chapter V of the Civil Protection System Law.
The objective is “strengthen the mechanisms that enhance and improve the functioning of the national system for the protection of citizens in the face of emergencies and catastrophes.”
The first time it was used since this figure existed in the law was on December 9, 2016 due to a rainy season with floods that affected the Valencian Community and the Andalusian provinces of Málaga, Huelva and Cádiz. More recently it was used by the Filomena storm in 2021, and in 2024 with the fire in the Campanar neighborhood in Valencia
What does it mean?
Article 23 of the law establishes that it is a condition reserved for incidents that “seriously disrupt living conditions of the population in a certain geographical area or when the paralysis occurs, as a consequence thereof, of all or some of the essential public services.
Who declares it?
For an area to be declared seriously affected, it must be approved by agreement of the Council of Ministers at the proposal of the Ministers of Finance and the Interior and the heads of the other ministries to which it concerns. It can also be requested by the affected public administrations, as is the case of an autonomous community.
It should be noted that for the declaration of an area seriously affected by a civil protection emergency, it should be reported whether it had been activated by the affected Autonomous Community. situation 2 of the corresponding civil protection plan.
What does the declaration of a seriously affected area mean for citizens?
Legálitas clarifies that it is the State that would be in charge of repairing material damage or providing aid to companies and workers. It does not have the quality of compensation, but rather aid that helps alleviate the damage caused.
What damages must occur?
Both personal and material damages are considered. In the case of personal injuries, it mentions the granting of financial aid for death and absolute and permanent disability. And material damage must be economically assessable and refer to property that is covered by insurance, public or private.
What deadlines are there and what would be the procedure?
The Government will request a report from the affected autonomous community or communities and will assess the damage caused, to declare an area seriously affected by a civil protection emergency. AND Citizens must request aid through the offices that are enabled to facilitate this work and provide advice to citizens.
According to Royal Decree 307/2005, of March 18, Legálitas details that the citizen would have a period of one month to submit the application through the standardized form. Although a longer period may be established to consider depending on the entity of the catastrophe.
What evidence must the citizen provide of the damage caused?
The affected citizen must show a document that reliably proves the damage to the home, including images; If the home has home insurance and what the insurance company is. It must also be specified whether compensation has been requested from the insurance and, if it has been granted, provide documentation proving the amount received.
Aid to individuals and municipalities
Individuals may receive aid for damages in your habitual residence and in essential items. And those who have provided help or who have collaborated with their assets may be compensated to face the first moments of the emergency.
In addition, the legislation speaks of compensation to Local Corporations for expenses derived from actions that cannot be postponed and to industrial, commercial and service establishments.
Municipalities can be compensated for expenses of “actions that cannot be postponed” and receive subsidies foror damage to its infrastructure and provincial and island road network. Likewise, the law provides aid for damage to agricultural, livestock, forestry and marine aquaculture productionas well as the opening of ICO credit lines.
Tax aid
Article 24 of the law details that the fiscal measures that the Government can adopt for the affected area can be exemption from the Real Estate Tax fee. Provided that it is proven that a “total or partial relocation to other homes or different premises has been necessary until the damage is repaired.” Also for damage to crops not covered by any public or private insurance.
It is also mentioned the reduction in the Tax on Economic Activities for commercial, tourist and professional establishment industries, if the emergency has led to relocation or temporary closure of the activity.
Given the number of vehicles damaged by this DANA, the exemption from traffic taxes for damaged vehicles or duplicates of lost or destroyed circulation or driving licenses.
Labor measures
The law contemplates the termination of contracts and reductions in working hours if they have a direct cause with the emergency and under the consideration of coming from a force majeure situation. In these cases, the worker may be authorized to receive unemployment benefits, without counting them in unemployment time.
If a contract is terminated, compensation will be borne by the Salary Guarantee Fund. You can also exempt the employer from paying Social Security contributions, maintaining the condition of said period as actually contributed by the worker.
The tself-employed workers and companies They will be able to obtain a moratorium of up to one year without interest in the payment of Social Security contributions.
Who will manage the aid?
A Coordination Commission will be established, made up of representatives of the affected state, regional and local Administrations.
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