It’s official. There are 12,697 illegal properties in the Almanzora Valley

AUAN Press release – 11^th March 2011

It’s official. There are 12,697 illegal properties in the Almanzora Valley

• 920 properties earmarked for demolition.
• The remainder likely to foot the bill for legalisation

The Minister for Housing and Planning, Josefina Cruz, met with the Mayors of ten municipalities in the Valley of Almanzora in Almeria on Thursday to deliver the results of the Inspection of houses constructed on land not zoned for building in Albánchez, Albox, Arboleas, Cantoria, Fines, Líjar, Lubrín, Oria, Partaloa and Zurgena.

The Minister revealed that 12, 697 ‘irregular’ constructions had been identified in the Almanzora Valley alone.

Of those some 7.2% or 920 buildings have been found on specially protected land or are less than 4 years old or are incomplete. In these three cases the offence is not proscribed by law and the ministry has instructed the councils to ‘restore order’ as a priority.

As for the remaining 11,777 houses Sra. Cruz went on to state that her ministry was working on a special ‘decreto’ or decree to define a uniform set of procedures which would allow these houses to be granted an occupation license and obtain access to services in a manner described as ‘self-sufficient’ making it clear that public funds will not be used to resolve the situation.

Speaking about illegal houses in Almeria in a hearing of the planning commission of the Andalucian Parliament on Wednesday, the Minister is reported to have said  “people from other countries had set up home in an illegal way” and now “residents want us to solve a problem that some of them have created”.

“12,697 illegal buildings in the Almanzora Valley and nobody noticed?” said Maura Hillen, president of  Abusos Urbanisticos Almanzora NO (AUAN), a homeowners association composed mainly of British residents . “Did these houses pop up like mushrooms overnight? Where was the Junta when the houses were being built? “

“And how many people will be made homeless and/or lose their life savings if 920 houses are demolished to ‘restore order’?” she continued “A conservative calculation would put the financial losses in the order of 90 million euros. Who’s going to compensate those who bought in good faith? The Junta? The town halls? “

Commenting on the Ministers announcement of a promised decree Mrs Hillen said “Without seeing the text of this decree, which of course will not be available until after the local elections, it is impossible to say anything meaningful. However, the government has had seven years to deal with this issue and now suddenly two months before an election there is a new decree? The timing is a bit fishy in our view and smacks of electioneering.  “

“And what about all the civil and criminal proceedings that are currently in progress and could also result in demolition? How is the decree going to save these houses? As usual there are more questions than answers and more smoke and mirrors that any real change in the Juntas position” she said.

Speaking of the remarks attributed to the Minister by the Spanish press the AUAN president said “If the remarks are accurate, blaming foreign homeowners for the woes of the Andalucian planning system is quite insulting and clearly untrue. Comments such as these, if accurately reported, demonstrate a fundamental lack of understanding of the realities of the scale of the planning disaster in Andalucia and are hardly designed to encourage much needed British investment in the Andalucian property market”.

"In our view the Ministry of Housing and Planning is like the orchestra on the decks of the Titanic. Fiddling away whilst the ship sinks taking homeowners and what is left of the reputation of the Andalucian property industry with it. Its all a bit of a shambles” she concluded.

NEED WE SAY MORE?

Ads,

Taken from a previous post by me:

"There are currently over 300,000 properties in Andalucia that are considered illegal or semi-illegal, with the biggest problem in Almanzora Valley where there are some 11,000 properties which are built near the town of Albox, where the town hall in Albox claims to have only 11 'officially' issued building licenses."

So what's your opinion as to what can be done about this?

Any help or advice for those affected?

I don't want to get personal, but your 'opinion' at the end of your post doesn't come across as very helpful or constructive!

We need to try and help these people and help others avoid such pitfalls when buying property in Spain, as opposed to just saying "told you so!"

TechNoApe

Ads comment is total frustration.

I perfectly understand what she means.

Ah!

That explains it!

Sorry!

As I said, I don't want to get personal and I totally understand the frustrations people face with the Junta de Andalucia vs Corrupt Town Halls.

It is mind boggling at best!

However we need to be more like AUAN and get behind them thus helping support them in their efforts!

For the past couple of weeks we have been trying to muster support for a protest at UK overseas property exhibitions to counteract the road show being staged by the Spanish housing minister who hopes to get over to the UK and trick innocent buyers into believing Spain has a good and transparent legal system and buyers need have no worries.

The message the Spanish goverment is tring to get out is very different to what's happening on the ground!

TechNoApe

As the government constantly gets away with non implementation of it's own laws and justice, then is it any suprise that many mayors are corrupt?......... Just going along with the boys?.
Don't you think it's up to the people in Spain (expats and nationals) to protest against this for however long it takes to bring change?  If the corruption and lack of regulation carries on being treated as acceptable by the people, then why is anyone suprised at the current property mess?.

 ''people avoiding the pitfalls of buying property''   What has that got do do with over 12,000 properties being illegal, most bought with permission and in good faith? 

Faro,

"The message the Spanish government is tring to get out is very different to what's happening on the ground!"

Agreed!

For instance, the Junta de Andalucia is using an Atom Bomb to crack a walnut - trying to sweep away the problems rather than come to a fair, intelligent solution.

I've always said that people need to be educated about differences in Legal Systems and buying property abroad!

I think a protest at such expo's could be a good starting point, especially if it does actually make the news headlines, as it might help take the 'rose tinted glasses' off those people who just blunder into purchasing property abroad.

Goodstitch,

 ''people avoiding the pitfalls of buying property''   What has that got do do with over 12,000 properties being illegal, most bought with permission and in good faith? 

It is the epitome of the entire argument!

If people had a better understanding of what to look out for, then they wouldn't get trapped in the same manner!

"Don't you think it's up to the people in Spain (expats and nationals) to protest against this for however long it takes to bring change?"

Therefore giving advice as to what  to do if you are in such a situation is a good start, yes?

And also giving advice of how to avoid buying an illegal property is the next step, yes?

TechNoApe

I get what you are saying, but all the homework or advice in the world wont be of any use if for instance planning permission is granted legal by a mayor or council and then is after  months, years later?, deemed illegal?,  or in cases like mine where a two year court delay renderd a court win useless. Nobody can see that coming, so in both cases it's very much a life savings and a justice lottery, some have won but many have been cheated the same way.  

The justice system in particular is still a farce, but many wont accept that until they need it, then it's to late!.  The subject of the thread is just so typical of so much that's wrong in Spain, but how many in Spain at ground level are trying to force change?, They know their own leaders are as corrupt as can be so can they rely on them to suddenly start doing the right thing to get the country back on the right road without a good shove?.......or is corruption so accepted that there seems no alternative route to the majority?.

Technoape, sorry if my posting confused. (and thanks Faro!)

In all honesty you have no idea just how much we are trying to do to educate folk to the realities and keep people informed. I've obviously failed miserably if you misinterpreted my posting. 

We all spend an enormous amount of time researching, communicating, analysing, debating, reassessing, defending, trying to keep ahead of the game. Keith, Suzanne and Ruth  (and undoubtedly many more) are absolute stars in their determination and work ethic behind the scenes not to mention their knowledge base. And when you hear derisory comments trying to discredit, it makes my blood boil. They are well educated folk who have been duped like all too many of us... all following correct procedures (hence our case wins) only to be treated despicably by a justice administration system that at best is incompetent and at worst is corrupt (without doubt there are protectionist forces behind these abusive delays). As fast as we make progress for due recompense as per our legal judgements, another tack is taken by those trying to scupper our efforts, and the abuse just gets worse and worse. 

I now personally feel it has reached a point where petitioners have proven their cause and the dire consequences to an incompetent justice administration system, and the EU should step in to protect all consumers in Spain from a system that is demonstrably unjust. The only way forward, if the Spanish Government refuses to recognise the injustices, the lack of implementation of their laws due to abusive and manipulative delays, is to make the government accountable. No longer should we be the pawns caught between their political wranglings (there is much ignorance in this regard by the general public), as one level of government battles another, or banks/lawyers/developers/agents, whoever, remain unaccountable for their lack of adherence to the laws of the land.

We need all the help we can get from everyone (including yourself Technoape), and we keep saying this, but in the longer term this will benefit all.

Take a look at this article in the Telegraph (which Ruth alerted me to), and the comments, just as one small example of trying to do our bit to inform ........

www.telegraph.co.uk/news/worldnews/europe/spain/8363948/Spanish-housing-amnesty-given-cautious-welcome.html

There is so much misinformation out there, which is incredibly frustrating, especially when the politicians try to pull the wool over people's eyes and then have the audacity to infer that it is the innocent consumer's fault. Such lies and deception should be exposed and challenged.

As Faro has explained, we are desperately trying to get the real message across to everyone, and as Goodstich says, it isn't helped when we keep having to defend our corner. It's so obvious now what is going on- we've all been subjected to this for years but thankfully there are many educated folk supporting us with their evidence (Faro as one, who has effectively whistle blown on the everyday impracticalities and ongoing abuses), and thankfully some good lawyers who are putting their neck on the line by bucking the trend to hide away from the uncomfortable truths. I think we can safely say that we owe many much gratitude for their courage and support, but we have to be careful that factions within do not weaken our determination to help one another through this nightmare. Hopefully if we stay as one we will become a powerful voice, but we must remain united in our efforts, as there is a tendency to each fight their own corner (depending on the circumstance) without reviewing the whole.

Enough....... I hope you and others can understand that the bottom line relates to striving for a system of justice that is fair, competent, effective and most importantly a system that remains independent from political interference. It’s the only way to establish accountability and thereby stamp out the corruption and bad practice that exists in Spain. We need to ensure timely application of Spanish law. There’s no point winning legal cases if the judgements are ultimately not adhered to, or innocent purchasers are significantly compromised during excessive delays, as exists in Spain right now.

 Tall order isn't it? But we 'aint giving up.........

By the way Technoape, you can’t just rely upon sound knowledge to be the sole protection for potential purchasers. You have to have a fair and workable system of justice to ensure that those who follow abusive or negligent practice that significantly compromise the consumer, in whatever professional field they may follow, are made accountable for their actions. There have to be deterrents in place for any civilised society to function. And as things stand right now in Spain there are very few effective deterrents, which sadly results in consumers being left far too vulnerable and unprotected.

Hardly an incentive to invest in Spain is it?

It's essential that this message is conveyed as far and wide as possible, and it's essential that the Spanish government recognise that this lack of consumer protection is swiftly addressed by recompensing those according to their successful legal judgements.

As for this article relating to the AUAN press release, I would ask the following questions.

ads,

Sorry! It just came across as a flippant 'told you so' post that some people post on here, and then offer no help or advice.

Again, I apologise for misreading it!

You inform people of what has happend and what you are doing about it, were as I inform people as what can happen, and how to avoid it!

It would seem to me that we are all trying to achieve the same thing, however coming in from different angles!

If my site can be of any assistance to you, then please submit links and/or articles and I will gladly add them to the site.

The more info we can offer people, from as many different sources, whilst maintaining the accuracy of the information, the better!

BTW, that goes for all EOS members reading this.

This is where there is a conflict of interests Technoape.

How can we possibly support the promotion of real estate in Spain so long as the government refuses to recognise their obligations to provide and ensure adequate consumer protection according to their laws? It is a contradiction in terms I'm afraid, as any prospective purchaser who experiences corruption or abuse/negligency of any kind will have no means of gaining recompense so long as the justice system fails them in this way. Lack of implementation of the law equals no consumer protection I’m afraid, and until the government recognises this and provides recompense as per successful legal judgements or a compensation fund, then there will be stalemate. The government has to adequately address this if they want people to have trust to invest in Spain. 

Please by all means direct people to the petitions which are educational in themselves, but it would be hypocritical if we directly linked any articles to a website that promotes real estate sales in Spain as things stand right now.

I hope you understand that this is nothing personal but a sad consequence of circumstance that relates to a government turning a blind eye to a lack of consumer protection by not following through successful judgements in a timely manner and ensuring that banks/developers/agents/lawyers,mayors, whoever, are made accountable according to Spanish law.

Hi,     

I suggest that each advert, brochure etc. etc.for the sale of Spanish property, should carry a mandatory "WEALTH WARNING"

''Andalucian Style - A lifestyle we can all enjoy!''........it says at the top of  TechNoApes advertised website.

doesn't account for the many cheated does it?, or the lack of consumer protection?.  I'm all for positive advertising when the time's right, but at the moment, (much like any promotion from the Spanish government) it at best comes over as being 'economical'  with the truth! 

Goodstich,

You obviously didn't read further than the site banner, and you certainly didn't navigate further than the home page, which states:

"Andalucian Style is a website dedicated to providing the best, most up to date information and services available to everyone who lives, visits, owns property or just interested in Andalucia in Southern Spain."

Tell everyone, what did you find on our property page? Nothing much at the mo!. That page It is still under construction and will cover all aspects of property in Andalucia, including various sub-topics from DIY tips to professional services. However it will concentrate on the problems of purchasing property in Andalucia, and ways to avoid such. If your have got problems, it will have information on things you can do and links too organisations that can help!

We are not, and will not, be advocating that anyone purchase a property in Andalucia, however we will offering dedicated help and assistance for those who are interested in, or have, property in Andalucia.

What we are about is promoting the Andalucian life style for those who live here, and for those that don't, in a hope that we all can enjoy the flavour of a truly unique area of the World.

So how could that possibly be considered as being 'economical' with the truth.

If you wish to contribute in a constructive manner to the site, then please do - the more, the merrier. However, please do not slander our website in such a fashion, when you don't have the remotest idea about what we are trying to achieve.

ads,

I don't think we have a conflict of interest at all.

As I said, we are trying to help achieve the same thing!

However, no probs if you don't want to link share, however we will be more than happy to direct people to your petitions and any other information you wish to share.

Just PM me the details!

It might be a day or three till they are put up as the site is still being constructed, and there aren't enough days in the week at the mo!

Just a point of clarity here, these petitions are not my petitions but Suzanne and Keith’s petitions.

www.bankguaranteesinspain.com

www.spanishpropertyscandalpetition.co.uk

 Not really the right chain, but this one seems to have turned into a bit of an attack on TechNoApe's site - but I think it looks really interesting, and I particularly like the direct links to TV channels.   It is very ambitious in breadth - but good luck with it.  We certainly are still interested in the Andalucian life and that does not mean we do not care about the people who have lost out.  No one seems to be saying anything about the actual site - but I wanted to say well done.    

Perhaps any debate relating to this particular website can be done elsewhere given the title of the thread. I'm not comfortable with the way this is going and we should be focusing on how to help / assist /inform those caught up in this unfortunate cricumstance , not promoting off the back of this awful illegal property scenario. It does a diservice to those affected.

TechNoApe

my opinion hasn't changed. I think it's a glossy brochure in the main, and for obvious reasons will only ever tell half the story. Of course there's a time for positive promotion, but not before changes are made that give it credability in my opinion. As you insist on saying that the misery caused to so many in the petitions is avoidable, and not  most often the result of a corrupt government with no consumer protection, then I will always see that as being 'economical' with the truth.  You see it your way, I see it mine.