What is traditionally called a disaster area declaration is currently included in the legislation as an “area seriously affected by a civil protection emergency” declaration, governed by Chapter V of the Civil Protection System Act.
The objective is “strengthen the mechanisms that strengthen and improve the functioning of the national system for protecting citizens in the face of emergencies and disasters”.
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 during the Filomena storm in 2021 and in 2024 during the fire in the Campanar district in Valencia.
What does that mean?
Article 23 of the law establishes that this is a condition reserved for incidents which “seriously disrupts living conditions of the population in a certain geographical area or when, as a result, the paralysis of all or part of essential public services occurs.
Who declares it?
For an area to be declared seriously affected, it must be approved by agreement of the Council of Ministers on the proposal of the Ministers of Finance and the Interior and the heads of the other ministries to which it falls. It may also be requested by the public administrations concerned, as is the case for an autonomous community.
It should be noted that for the declaration of an area seriously affected by a civil protection emergency, it should be indicated whether it has 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?
Legalitas specifies that it is the State which would be responsible for repairing material damage or providing aid to businesses and workers. It does not have the quality of compensation, but rather of assistance which helps to mitigate the damage caused.
What damage should occur?
Personal and material damage are taken into account. In the event of bodily injury, it mentions the granting of financial assistance in the event of death and absolute and permanent disability. And the material damage must be economically assessable and concern property covered by insurance, public or private.
What are the deadlines and what would be the procedure?
The Government will request a report from the affected autonomous community(ies) and assess the damage caused, to declare a seriously affected area a civil protection emergency. AND Citizens should seek help from authorized offices to facilitate this work and advise citizens.
According to Royal Decree 307/2005 of March 18, Legalitas specifies that the citizen would have a period of one month submit the application via the standardized form. Although a longer time frame may be set to consider depending on the entity of the disaster.
What proof must the citizen provide of the damage caused?
The affected citizen must present a document reliably proving the damage caused to the house, including images; If the house has home insurance and who is the insurance company. It is also necessary to specify whether compensation was requested from the insurance company and, if it was granted, provide supporting documents proving the amount received.
Aid for individuals and municipalities
Individuals can benefit from assistance in the event of damage in your usual residence and in essential items. And those who provided assistance or collaborated with their assets may be compensated to deal with the first moments of the emergency.
In addition, the legislation speaks of compensation of local corporations for expenses derived from actions that cannot be deferred and of industrial, commercial and service establishments.
Municipalities can be compensated for expenses linked to “actions that cannot be postponed” and receive subsidies foror damage to its infrastructure and its provincial and island road network. Likewise, the law provides for aid for damage to agricultural, livestock, forestry and marine aquaculture productionas well as opening ICO credit lines.
Tax help
Article 24 of the law specifies that the fiscal measures that the government may adopt for the affected area may be exemption from property tax. Provided that it is proven that a “total or partial move to other accommodation or different premises was necessary until the damage is repaired”. Also for crop damage not covered by any public or private insurance.
It is also mentioned the reduction of the Tax on Economic Activities for the commercial, tourist and professional establishment industries, if the emergency has led to a move or temporary closure of the activity.
Given the number of vehicles damaged by this DANA, the exemption from road taxes for damaged vehicles or lost or destroyed duplicates of traffic or driving licenses.
Work measures
The law envisages the termination of contracts and reductions in working hours if they have a direct cause with the emergency and subject to coming from a force majeure situation. In these cases, the worker may be authorized to receive unemployment benefits, not counting them during periods of unemployment.
In the event of termination of contract, compensation will be the responsibility of the Salary Guarantee Fund. You can also exempt the employer from paying social security contributions, maintain the condition of said period as being actually paid by the worker.
The tself-employed workers and businesses They will be able to obtain a moratorium of up to one year without interest on the payment of Social Security contributions.
Who will manage the aid?
A Coordination Commission will be created, composed of representatives of the state, regional and local administrations concerned.
