Eve

I do believe this sad case of house demolitionm is just about to be shown on GM TV. I can't watch it as have to go to work now.
Luv Eve

jdr

Yeah completely gone, not a bit of rubble anywhere.

TheArmChairDetective

Yes it was, and they interviewed the owners of the next house to be demolished.

Mark Paddon

I agree with this comment but also make sure you check that the plans held at the town hall comply with the regional 'normas', the town hall or at least regional govt (deputatcion de architectura y urbanisation) should be able to give you a copy that applies to your zone. In many cases houses may to too large for the plot (permitted figures given in the 'normas') or have an extra storey (permitted number also stated) boundary distances are also a common issue. No matter what your builder,town hall or solicitor says. If it breaches the 'normas' it is illegal. I know of houses on urbanisations with certificates of habitation that still suffer fines (and potential partial demolition orders) because the town hall has given the licence of habitation turning a blind eye to for example (an illegal 3 bed apartment in the underbuild which can never be legalised).

Always use an independent lawyer and stress to them that you require confirmation that the house complies with the regional 'normas' (especially underbuild elements!). They may not want to do the extra work, but it's well worth while. I stress to many people that a well established re-sale on a proper urbanisation is the safest bet for many reasons.(Checks of actual accommodation against normas should still be made) Unlike in the UK (where most illegal works would be stopped well before completion) people get away with completing selling illegal builds. Most Brits just can't believe this to be possible when they see other houses around them, 'paper' work and have leagl checks carried out. Most solicitors will feel they are 'off the hook' once the town hall has said all is OK, but in reality the town hall is normally saying that there are no known issues to date. That does not mean that issues won't crop up in the future and they could simply be waiting for a neighbour to complain.

Get your solicitor to research beyond the town hall if you can. In some cases e.g. Marbella the town hall has simply given licences on land that should not be developed in return for large sums of money. The Spanish Govt has set aside billions of euros for compensation in demolition cases and no matter how you look at it illegal development is bad for any country so the environmentalists and fully legal developers are all for getting rid of properties that are in breach. (as the practice of taking money for illegal licences subsides, some officials may be offered money for doing the right thing and demolishing) plus of course a loss in licencing revenue at the town hall, can be replaced with an increase of fines. It's often the builder that is fully aware that paperwork has been twisted or elements of the property breach the planning regulations. Very sadly many honest people suffer as a result, but bear in mind, if demolitions don't occur, some builders will simply continue the practice which has to be stopped. Also bear in mind that for every unfortunate storey, there are thousands of people living in problem free houses as there are plenty of decent legal houses available in Spain and indeed some good law abiding developers.

jackytoo

Surveyor Can you provide a link for your statement that the spanish Gov. has set up a fund to compensate for demolitions? Also what is the point of hiring a Lawyer if you have to do all the searches yourself!

lee8

The mayor of Marbella is pushing forward the plan to charge Illegal properties to be charged to have their status changed.

She is pushing the plan with the Junta De Andulucia for acceptance, this will then result in the 18,000 illegal property develops being levied a charge, if that developer has gone bust, then the owners will need to finance the charge or face having the property demolished.

Great money making excercise.

Malaya ruins the council, then the council charges the victims.

Maybe they should make every house legal and put the developers in prison.

chrisw

Hi all,
Has anyone seen any update as to what is happening since house was demolished. Tried the searching GMTV on internet as was also at work so missed the article on there? Would like to follow progress.
Thanks guys!
Chris XXX

Lenox

I'll try and keep you informed - I write a blog on The Entertainer Online with regular updates.
At the moment, the neighbours are forming an association and the Albox based Abusos Urbanisticos almanzora No!has issued this:

AUAN condemns demolition of Britons' home
Statement from the AUAN, Sunday, January 13-2008

So,it has finally happened! As the AUAN, set up to fight for the legalisation of all the illegal houses in the Almanzora Valley, reaches the first anniversary of its foundation, a British couple’s home has been demolished in Vera! What a disastrous start to 2008 for Mr and Mrs Prior, and a matter of grave concern to the rest of us who find ourselves at risk from a similar fate.

The AUAN has been warning of the danger. Many people have just refused to acknowledge it and, because they have an escritura for their house, or even just their land, consider they are fully legal.The AUAN has yet to finish the investigation into the background of this disturbing incident, but the Spanish press carry the story that the Mayor of Vera has indicated that Mr and Mrs Prior’s house was ‘fully legal’. This gives us little comfort.

Mr Louis Caparrós, the Director of Public Works and Transport with the Junta of Andalucia, is reported as saying that the rule of law has been restored in Andalucia by the demolition of the Prior’s villa. Where was the rule of law on planning matters years ago, when the authorities either turned a blind eye to, or actively encouraged, the property developers? Where was the rule of law, when the Abogados failed to warn the purchasers of the dangers of buying these ‘illegal’ properties? So the Junta makes an example of the homeowner? It is not an indication of strong Government, to victimise the weak!

What a body blow to the Andalucian reputation this incident has been. The demolition has been widely reported in the British, and other foreign press, with the reaction ‘Shame on Spain‘. Will the Spanish be surprised when the tourists and retirees stop coming to Spain?

This entire situation is damaging to the economic prosperity of the region and impacts all of us who live here.

We forget at our peril that the Supreme Court Public Prosecutor, Antonio Vercher, said in November 2006 that 100,000 illegal properties would have to be demolished in Spain. Five Spanish owned properties were demolished near Cordoba just before Christmas. The Spanish press links the demolition of the Prior’s home with the other 5 properties nearby, and 11 houses near Albox. Somebody’s pain is about to get worse!

The AUAN will continue to increase its pressure on the EU and British Governments to, in turn, apply pressure on the Spanish Government. We shall again petition the King of Spain, and we shall demand from local Mayors a clear indication of how dangerous the threat is.

.....and what can YOU do? Support the AUAN. If you are concerned, join us! You will be very welcome. The more members we have, the louder our voice to demand fair play for the homeowner!

gallerie9

Having a couple of dealings with Lawyers in the UK. I had to do most of the reseach, in one case telling the Barrister, that cost me 500 an hour the law.
It seems some are the same all the world over
What a shame for the people

Olmos

Icortez, could you please give me a direct link explaining that loophole in the LUV? (In Spanish or English). Thanks.

geisterbahn

IT,S HAPPENING ALL THE TIME IN SPAIN, ITS JUST KEPT QUIET.THE NEW COAST TO BUILDINGS LAWS WILL SEE THEM GO DOWN LIKE A PACK OF CARDS. I WROTE LASTWEEK .I WOULDNT BUY A PEBBLE IN SPAIN , NEVER MIND PLOUGHING ALL YOUR LIFE SAVINGS IN TO A HOUSE. ANOTHER EXPAT USER REPLIED, ARNT YOU JUST A FUN BLOKE. YEAH! BUT i AM RIGHT. NO FRIENDS WATCH YOUE BACKS ! DONT THRUST THE TOWN HALLS , THEY ARE ALL LINING THEIR POCKETS, ITS LIKE THIS. THE BUILDER IS THE TOWN HALLS PLANNING OFFICERS BROTHER. THE CHEIF OF POLICE IS THEIR UNCLE.THE GUARDIS CHIEF IS THEIR BROTHER IN LAW. AND SOIT GOS ON. EVERY BODY SLEEPING IN THE BANK MANEGERS BED. AND THE LAWYER YOU USE IS ALSO IN ON THE DEAL. NO THANKS . SPAINS A GREAT PLACE TO LIVE BUT A CARAVAN WILL DO ME THANKS .

TheArmChairDetective

and it's so crowded in here

tallbob

It is round here, I was in a hotel/ restaurant about a week ago on a small table in a dark corner was the local bank manager ( male ) and the assistant manager ( who is a very stunning female ) then after their coffee they dissapeared up the back stairs towards the rooms.........do we have a jealousy icon?

Lionda

No need to shout we get the message I agree with you, there is a lot going on behind closed doors we don't get to know about
Round here it seems that everyone is either related or old school friends or just easy to bribe. I don't trust anything I hear any more

TheArmChairDetective

[QUOTE=Lionda;5796477]Round here it seems that everyone is either related or old school friends or just easy to bribe. [QUOTE]

This is not unique to spain.
Only this morning I was asked if I was a mason.
"If you were a mason you could"......... said the person concerned when I wanted something that is not easy to obtain.