Mayors facing prosecution

[brightspark]

Does anyone know how to find out about the situation regarding illegal building licenses issued by Mayors. The mayor of my village is facing prosecution but no-one including the town hall seems to be able to give me information about which properties these charges relate to. Also what happens to the buyer, if like me, everything was done legally and a mortgage was even obtained on the land!

[Lavanda]

First thing to do is not to worry too much. Everything seems chaotic right now. However, if your Spanish is up to it, and you have a lot of time, EVERYTHING in Spain is on the internet. You need to know where to start and what you are looking for but eventually you might find it. If the Ayuntamiento has no idea which properties are related to the Mayor's illegal activities then, surely, the prosecution will know. Who is prosecuting the Mayor? Under what charges? Start there, perhaps?

[peteroldracer]

I do not wish to depress or alarm you brightspark, but in reality even if you have used the top lawyer in the land, if the licence was issued illegally as far as the Junta is concerned, you still have an illegal building!
Of course a bank will give you a mortgage on the land, because you do not need a license to own that - only a licence to build on it.
This country continues to be more corrupt and inefficient than anything we see from the H of P in the UK...at least the Land Registry seems honest and accurate, and local planning laws are reasonably workable, only the odd bung to a Town Planner is needed.

[julian]

if you have a building licence,and the house was built as per that licence, if the junta later decide the licence is illegal you can sue the town hall for giving you the licence, so relax for the moment, only worry about problems when they are actually a problem..don´t go looking for and making problems that maybe don´t even exist !!

[peteroldracer]

Although I agree with julian's sentiments, I still think that buying property here is a gamble, and like all gambles one should never bet if one can afford to lose.

[Devils Advocate]

Our esctitua/obra nueva has a signed and stamped JDA sticker on it. Is this the norm or does it vary from place to place?..........somebody will probably tell me that could be forged too

In all honesty I wouldn't lose sleep if I were the original poster so long as I'd payed my slab of purchase tax and was paying IBI as requested, when it all comes out in the wash you'd be safe.

Funny thing is we know certain people over there who actually gloat about not paying IBI .....they're the guys who should be worried IMHO.

DA

[julian]

The JDA stamp is stating that the tax has been paid...not that it is neccessarily a legal property

[Devils Advocate]

Is that right now? Well they've stuck it on completely the wrong page then

DA

[katy]

Strangely we have several "gloating" friends. They flout the laws. get everything cheaper than us and cause "heated debates" at home because my OH thinks they know more than I do One friend gloats because he hasn't had an electric bill since he bought the house about two years ago If it were myself I would lay awake worrying I would find the electric vanishing one dark winters night!

[julian]

"Is that right now? Well they've stuck it on completely the wrong page then"..........
which page should it be on?mine is on the front cover of the escritura

[Devils Advocate]

From memory the 4th or 5th page, there is also another stamp which is signed although it's not a sticker (as on escitura) on a seperate sheet.

OH keeps them at work so I'll give her a call later and verify.

DA

[frank]

if the junta later decide the licence is illegal you can sue the town hall for giving you the licence,

I love your confidence in the Spanish judicial system! Even if you managed that, even if you were successful, you'd probably be about 95 years old!

[frank]

If it were myself I would lay awake worrying I would find the electric vanishing one dark winters night!

You've heard the advice on here, Katy, don't worry about, it might never happen!

[country boy]

Frank said:

I love your confidence in the Spanish judicial system! Even if you managed that, even if you were successful, you'd probably be about 95 years old!

I say:

And even then you wouldn't get the money....ever

[peteroldracer]

We have friends who were quietly boasting about only paying 25€ or so per month for electric - for four years. Then some bit of paperwork clicked into place, a new meter was installed, and after six months (to get a fair average I assume) their consumption was assessed and they were back-charged a few thousand Euro for what they must have used...

[brightspark]

Thank you all for your prompt replies, clearly I´m not alone! Some useful suggestions and I think to go directly to the Junta, rather than ayuntamiento, is a good idea. If I get a result I´ll let you know, although I agree that I may be a bit long in the tooth with considerably more grey hair by then!

[julian]

if you go direct to the junta you will be probably be stirring up the "&%/"...let sleeping dogs lie...at least until that sleeping dog comes and knocks on your door!!

[peteroldracer]

IMHO taking some action like going to the Junta demonstrates that you will not be easily trodden on, and possibly, just possibly make them worry about action in the European Court etc. Ostriches get eaten, these days...

[julian]

and what exactly will you be asking the junta "excuse me I think my house might be illegal..could you please check for me"... I´d rather spend my day doing something slightly more constructive..and what are you going to do if they tell you one way or another....?

[Jool]

Your best bet is to take Julian´s advice and do nothing and keep a low profile. I was writing the same thing as his post came in........ Look up the Registro de Propiedades and see how your property is described, and also check the catastro (although this may be out of date) and if you can have a quiet word with a friendly local or your bank manager, to see if your area or street may be affected......on no account go to the Junta, they may decide you are denouncing yourself for having an illegal house and use you as the test case to prove their case against mayor....!!!