Preventing and Correcting Illegal Buildings

18/03/2010

Extracts from a news article 17/3/2010 on Typically Spanish

The Junta de Andalucía has asked for patience from the foreigners who find themselves to be living in property now deemed to be illegal. The Councillor for Housing and Territorial Ordination, Juan Espadas, commented that the LOUA territorial ordination law was not a law to a single end, adding that guarantees would be given to purchasers.

However he told journalists that in the cases where the property could be brought into legality it would be the owner who is expected to compensate the municipality, either by the payment of a sum of money or by handing over land. He referred to this idea as 'criterio de equivalencia' saying it was needed because it would be impossible to return the site to how it was given that an illegal property had been built on it.

He said that those homes already built and occupied would be looked at case by case, and that in the most delicate cases where legalisation was not possible, compensation would be paid when necessary. However he repeated earlier comments that homes could not be legalised with the sweep of a pen.

The message the mostly foreign protesters want to get across is that the Junta de Andalucía has been carrying out a policy of punishing the innocent victims, when it should be the promoters, politicians, lawyers and notaries which should be punished. It's calculated that there are 50,000 homes in an irregular situation in Málaga province, and some 100,000 across Andalucía as a whole.

Juan Espadas also made reference to the new 'express demolitions' law, which was approved by the Junta on Tuesday, under which the local councils are able to use increased powers given to them under the LOUA regulations to order the demolition of an illegal property in a month. The idea of this is that when the movement of earth or new foundations had been detected such an order could be quickly issued and carried out. Previously, even if an order was issued, the promoter or builder would continue to construct on the site. Espadas said the best way to eliminate illegal building was to stop it in the first place.

The LOUA legislation will also ensure that any new illegally built property will not be able to be registered and will not be able to be connected to either water or electricity supplies. Fines would also be increased to ensure that the person who breaks the regulations will be unable to obtain any profit. Fines as high as 120,000 € or 150% of any profit made could be issued.

COMMENT

The new 'Stop' regulation is just what's required. As long as they use it! The law book of Spain is full of good and proper legislation that is not enforced. And there is bound to be some form of appeal procedure. What happens when that is underway? Be sure that the owner/builder will keep building in the hope that they win or if they lose they will at least have a property that they can make a fuss about it being demolished. That's what many of the existing owners have effectively done. Whilst some will have been innocent of the legal status of the building, many will have known, but have niavely believed when they were told that all they had to do was pay a small fine and the building would become legal. They didn't check that the law said their property could be demolished without compensation. Why should they get compensation from everybody else, as that's where the tax money comes from, if they built or bought knowingly without permission? If they didn't know, would reasonable searches have found out the true situation? If they would, then there should be no compensation. Instead, if they relied upon advisors, being lawyers principally, then it is these advisors who didn't do their jobs who should pay. If the estate agent, who was working for the promoter or seller and not the buyer (always remember that!)or the promoter opr seller directly marketed the property untruthfully, then they should be sued for misrepresentation. It will all take time, but then the law always does in every country, just more slowly in Spain.

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