Legal report

Information and questions about the Law in Spain and Andalucia.
Pamela1
Resident
Posts: 1086
Joined: Wed Jan 08, 2014 3:30 am
Location: Co Durham/ Granada Province

Re: Legal report

Postby Pamela1 » Sat Jul 06, 2019 3:49 pm

I'm sorry beachcomber but it did regularise properties...as you say it may not have legalised them but the amnesty did regularise them...

Unless you know or have been in a position of the cadastral amnesty then you can only speculate, too many on here are always trying to put people off buying while they themselves have bought and are enjoying their life...All i can say is do your homework and don't let people put you off...Follow your own hearts..they did!! whatever comes your way ..im sure there are always always ways around everything

Beachcomber
Andalucia Guru
Posts: 9875
Joined: Tue Jun 15, 2004 11:11 pm
Location: Guadalhorce Valley

Re: Legal report

Postby Beachcomber » Sat Jul 06, 2019 5:09 pm

The catastral amnesty only regularised the situation with Catastro. It does not obviate the need for an AFO or a declaration of new building. Buying a property which has problems with legality or even one built on pro-indiviso land which is not, in itself, illegal is a recipe for disaster as many have discovered to their cost.

User avatar
dxf
Resident
Posts: 436
Joined: Thu Jun 10, 2004 5:51 pm
Location: Chiclana Cadiz
Contact:

Re: Legal report

Postby dxf » Sat Jul 06, 2019 6:07 pm

Sorry Beachcomber but a point of information. The Junta de Andalucía have pronounced that they will tackle the problem of ALL illegal house in Andalucía with Article 9 / 2019 with a decree to follow.

While there are pros & cons about buying an illegal house, in general illegal houses are cheaper reflecting the costs of connecting services at a later date. The Expat association AUAN with abogado Gerado Vazquez have given illegal properties IN SPAIN a new lease of life with law changes. The AFO was again brought about by the same organisation.

Dave Fisher

Beachcomber
Andalucia Guru
Posts: 9875
Joined: Tue Jun 15, 2004 11:11 pm
Location: Guadalhorce Valley

Re: Legal report

Postby Beachcomber » Sat Jul 06, 2019 6:39 pm

Why do people keep on apologising for what they are about to write? We have heard this before and, even if it happens, there is no guarantee of the result.

I have already said that there needs to be some give and take over the purchase of rural properties but pouring one's life savings into some unknown black hole and relying on the promise of a bunch of politicians to make it all come right is not to be recommended.

If someone wants to take the risk by all means let them do so but these kind of promises will not make me change my opinion or prevent me from expressing it until it all comes to fruition and is there in black and white.

User avatar
peteroldracer
Andalucia Guru
Posts: 7095
Joined: Wed Oct 13, 2004 5:56 pm
Location: Los Alcázares, Murcia

Re: Legal report

Postby peteroldracer » Sat Jul 06, 2019 10:21 pm

“The Junta de Andalucía have pronounced that they will tackle the problem of ALL illegal house in Andalucía with Article 9 / 2019 with a decree to follow. ”
“Boris pronounced that Brexit would save £350 million pounds a year to go to the NHS”
Sound similar?
The saddest people are those that cannot laugh at themselves

Lucky Luke
Tourist
Posts: 8
Joined: Fri Jun 28, 2019 2:45 pm
Location: Brussels

Re: Legal report

Postby Lucky Luke » Sun Jul 07, 2019 10:06 am

Thanks again! Useful info that I will put to use.
A little update on the house: our lawyer clarified that the risk that we'll have trouble with the pool is there, but very limited (0,5 - 1%). At this moment Townhall is not interested in demolition or any other action; they don't want to put people in trouble, because this would have consequences for the attractiveness of a region that is highly depending on tourism. We're flying over there today, view some 15 alternative properties, but if we still feel the same way of the first one I've mentioned, we'll go for that one. We've succeeded in renegotiating the price and got 20K off which we'll then put aside as as a sort of 'insurance money'.

User avatar
dxf
Resident
Posts: 436
Joined: Thu Jun 10, 2004 5:51 pm
Location: Chiclana Cadiz
Contact:

Re: Legal report

Postby dxf » Sun Jul 07, 2019 5:47 pm

Lucky Luke wrote: At this moment Town hall is not interested in demolition or any other action; they don't want to put people in trouble, because this would have consequences for the attractiveness of a region that is highly depending on tourism.


The law of Spain changed in 2012 from memory because of campaigning by AUAN; and I quote
"The Senate approved an amendment that provides greater protection to third-party homeowners acting in good faith in administrative proceedings. This amendment was approved with the favourable votes of the main political groups and introduces a third paragraph in article 108 of Law 29/1998, of 13 July, which regulates contentious-administrative proceedings in Spain.
This new third paragraph provides that: “The Judge or Court, in the cases where, in addition to declaring the construction of a property to violate regulations, it issues a reasoned order to demolish the works and restore the physical reality altered, shall require, as a condition prior to demolition and unless a situation of imminent danger prevents it, the provision of sufficient guarantees to respond to payment of compensation due to third parties acting in good faith.”

This change means that in effect that people who buy or have bought a home in good faith will receive compensation BEFORE any demolition. This has effectively stopped demolitions; in Galicia a block of 19 flats was found to have infringed planning laws by a few inches but because of the law change no one can afford to compensate all 19 homeowners - ergo the block of flats will not be demolished.

I will add that in the case of houses that were demolished before the law change, compensation was significantly reduced from the purchase price for a variety of reasons.

Davexf

Beachcomber
Andalucia Guru
Posts: 9875
Joined: Tue Jun 15, 2004 11:11 pm
Location: Guadalhorce Valley

Re: Legal report

Postby Beachcomber » Sun Jul 07, 2019 8:02 pm

I interesting article here on the intentions of the new PP led Junta:

https://andaluciainformacion.es/andaluc ... -ilegales/

and several more links here:

https://andaluciainformacion.es/?hemero ... 20ilegales

Pamela1
Resident
Posts: 1086
Joined: Wed Jan 08, 2014 3:30 am
Location: Co Durham/ Granada Province

Re: Legal report

Postby Pamela1 » Mon Jul 08, 2019 4:57 pm

Good info dxf and for sharing!
. :D

Lucky Luke
Tourist
Posts: 8
Joined: Fri Jun 28, 2019 2:45 pm
Location: Brussels

Re: Legal report

Postby Lucky Luke » Mon Jul 15, 2019 10:32 am

A final update...
We've just returned from Andalucia. We've looked at 15+ alternative properties, but didn't find one that matched the property we've chosen. However, after a meeting with our lawyer, we've decided not to buy the property.
We've also learned that getting a license to start a small glamping site could take 4 to 6 years... That's just flabbergasting!
We've taken our house from the market and will take 4 to 6 weeks to reassess our position.
We feel very, very disappointed, but there's just too much legal uncertainty. We thought of Andalucia as being our dream destination...we might have made a mistake.
Thanks again for taking the time to react. This forum was really helpful!

Beachcomber
Andalucia Guru
Posts: 9875
Joined: Tue Jun 15, 2004 11:11 pm
Location: Guadalhorce Valley

Re: Legal report

Postby Beachcomber » Mon Jul 15, 2019 11:01 am

It is a great shame that the Spanish government in general an the Junta de Andalucía in particular insist on making life so difficult for people who want to live in rural areas.

If you had wanted to buy a little box in a UK 1960s style high rise apartment block on the edge of an urban motorway you would have had no problem whatsoever but you would have had no quality of life either.

Lucky Luke
Tourist
Posts: 8
Joined: Fri Jun 28, 2019 2:45 pm
Location: Brussels

Re: Legal report

Postby Lucky Luke » Mon Jul 15, 2019 3:18 pm

I fully agree and honestly don't understand why the Spanish are making it so difficult. Could it be because the big hotel chains are doing a lot of successful lobbying? Or, do they want all people to move to appartement blocks so they're easier to control, Big Brother style...?
Anyway, the legal uncertainty is a huge problem. So, any suggestions that would make our dream of creating a small glamping site for people who want to escape from the stressy world we live in (and who want to discover the luxury of minimalism) are more than welcome!


Return to “You & the Law in Spain”

Who is online

Users browsing this forum: No registered users and 8 guests