I really don't like this woman...although I do accept that an illegal property is an illegal property! It is a very difficult problem, I wouldn't like to have to try and solve it.
http://tinyurl.com/cz6ou3j
ANDALUCIAN PLANNING LAW CHANGES ANOTHER NAIL IN THE COFFIN
- country boy
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Re: ANDALUCIAN PLANNING LAW CHANGES ANOTHER NAIL IN THE COFF
Since Andalucia makes planning laws retrospective then legality seems to only be a transient thing! It would be very simple to solve this crisis if there was a strong enough will to do so but there is not.
- scampicat
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Re: ANDALUCIAN PLANNING LAW CHANGES ANOTHER NAIL IN THE COFF
Some friends of ours bought a small house and land in good faith and this has happened to them. They are now awaiting a demolition iorder. Worse, the people who sold it to them were Brits who knew it was illegal and had already been fined. They have disappeared back to the UK leaving no forwarding address.
- country boy
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Re: ANDALUCIAN PLANNING LAW CHANGES ANOTHER NAIL IN THE COFF
Like I say...It is just soooo difficult.
Fullest sympathy for them, it must have ruined their lives, but what to do if you're the administrator faced with thousands of such cases?
I know in some cases it was due to Town Hall dishonesty as well which only makes the problem even worse.
Fullest sympathy for them, it must have ruined their lives, but what to do if you're the administrator faced with thousands of such cases?
I know in some cases it was due to Town Hall dishonesty as well which only makes the problem even worse.
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Re: ANDALUCIAN PLANNING LAW CHANGES ANOTHER NAIL IN THE COFF
Carrying out thorough checks should reveal any problems. In a nutshell any property built on rural land since 2002 is most likely to be illegal.
Let's go Brandon!
- scampicat
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Re: ANDALUCIAN PLANNING LAW CHANGES ANOTHER NAIL IN THE COFF
They realise that now. Their EA lied to them basically.Beachcomber wrote:Carrying out thorough checks should reveal any problems. In a nutshell any property built on rural land since 2002 is most likely to be illegal.
Hindsight is always 20:20 vision.
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Re: ANDALUCIAN PLANNING LAW CHANGES ANOTHER NAIL IN THE COFF
Please please dont pay any attention to what the Andalusian Junta say they are toothless. Any way the incomming PP have said they would offer an amnesty an cut red tape that the Socialist liked to have so as to give jobs to family and friends. My house in Spain is illeagal am I bothered not in the slightest for two reasons 1. theres Spanish all around 2. I kept house in UK. I write to the silly socialist mayor every 3 months asking him to tarmac or let me pay to tarmac my road he does nothing..so do you really think the Junta will do any thing ??
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- Andalucia.com Amigo
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Re: ANDALUCIAN PLANNING LAW CHANGES ANOTHER NAIL IN THE COFF
If you're the Administrator faced with thousands of such cases ........
Well ..... why not ask publicly for all those people who have been defrauded to come forward so that a very thorough investigation can be carried out as swiftly as possible.
It's time to differentiate between those complicit with the frauds and those having been defrauded.
Lucky are the people who kept a house in UK. I wish we had done so.
Our admiration for Andalucia and the warmth and hospitality we felt when we chose to move here has been throughly 'demolished' by the disinguous operators in this Property Scandal.
Well ..... why not ask publicly for all those people who have been defrauded to come forward so that a very thorough investigation can be carried out as swiftly as possible.
It's time to differentiate between those complicit with the frauds and those having been defrauded.
Lucky are the people who kept a house in UK. I wish we had done so.
Our admiration for Andalucia and the warmth and hospitality we felt when we chose to move here has been throughly 'demolished' by the disinguous operators in this Property Scandal.
Re: ANDALUCIAN PLANNING LAW CHANGES ANOTHER NAIL IN THE COFF
My solutions
If property owners of illegal properties have documentation from Town Halls of any kind, such as a building licence to build then the Authorities should be forced to regularise it and make it legal by default, the owners keep the house and benefit from an amnesty. If it is too near a rambla or in another area where the building presents a genuine thereat to others then it is demolished but the owner compensated by the Authorities or given alternative comparable accommodation.
If it can be proved building started legally before end of 2002 then above should apply
If fraud can be proven (fraudulent catastro documents such as in towns in Almeria) then again para 1 should apply with Authorities taking criminal proceedings against the culprits wherever they are in the EU. Also solicitors complicit in this should be suspended from practising for minimum 1 year while they retrain at their own expense to learn andalucian planning law inside out, and then they have to sign a document accepting liability for irregularities in future if they knowingly allow a client to purchase an irregular property without said client signing a disclaimer stating they understand the risks.
The Authorities MUST have seen all these houses being built and yet they did not intervene - they are responsible for monitoring the environment and planning etc, not an individual property owner and thus they must share in the responsibility.
Any other illegal property has to be given a one off amnesty and if it has to be demolished then the land returned to the state it was in before (not left like a building site)
The LOUA needs to be reformed so that is has one category for existing groupings of property and another for developments started from scratch on virgin land
If property owners of illegal properties have documentation from Town Halls of any kind, such as a building licence to build then the Authorities should be forced to regularise it and make it legal by default, the owners keep the house and benefit from an amnesty. If it is too near a rambla or in another area where the building presents a genuine thereat to others then it is demolished but the owner compensated by the Authorities or given alternative comparable accommodation.
If it can be proved building started legally before end of 2002 then above should apply
If fraud can be proven (fraudulent catastro documents such as in towns in Almeria) then again para 1 should apply with Authorities taking criminal proceedings against the culprits wherever they are in the EU. Also solicitors complicit in this should be suspended from practising for minimum 1 year while they retrain at their own expense to learn andalucian planning law inside out, and then they have to sign a document accepting liability for irregularities in future if they knowingly allow a client to purchase an irregular property without said client signing a disclaimer stating they understand the risks.
The Authorities MUST have seen all these houses being built and yet they did not intervene - they are responsible for monitoring the environment and planning etc, not an individual property owner and thus they must share in the responsibility.
Any other illegal property has to be given a one off amnesty and if it has to be demolished then the land returned to the state it was in before (not left like a building site)
The LOUA needs to be reformed so that is has one category for existing groupings of property and another for developments started from scratch on virgin land
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