Hi all,

Just seen a BBC national news item (shown just before 5pm this evening) covering the illegal build abuse in Spain (13,000 in Almeria alone according to the report) and lack of compensation.

Now we need national news coverage to expose the Bank Guarantee abuse in Spain. Are you in touch with the BBC news team, Keith?

Whenever you see these programmes on TV all you see is the house being pulled down with the owners standing around wondering why, the programme makers never seem to put any great emphasis on the reasons why, only that the house was built illegally,  surely the makers of the TV show must know the real  reasons why, haven't they even out of curiosity asked the owners why is this happening and gone foreword on the making of another big story.

After all it's only deemed to be an illegal build due to the corruption done by you know who and not the many owners that bought in good faith.

http://www.bbc.co.uk/news/uk-25398053

This situation relating to Costa Ley Laws also makes for sober reading,

(see www.afectadosleydecostas.net/english-speaking-group/ ).

It's a remarkably stark analysis, especially when you repeatedly read of "expropriation without compensation", and reference to "disorder, confusion, and legal uncertainty".

But the most poignant reference is the statement  "the law is a system of guarantees and of legal certainty and should predict not only the improper conduct of citizens, but also of the state."

So now we have not only illegal build abuse, but also Costa Ley Law abuse and Bank Guarantee abuse that needs to be accurately reported.

The scale and impact on innocent consumers from all of these abuses in Spain and lack of timely justice or adequate compensation appears to be reaching proportions beyond belief, and the sooner that this is identified in factual form to the general public, not in a fragmented way, but as a whole, the more likely realistic conclusions will be reached.

Only then will the general public truly comprehend the major gap in consumer protection that sadly currently exists in Spain.

And perhaps only then will the European Parliament and Commission demonstrate a willingness to reform, to establish a workable mechansim for adequate and fair compensation for those suffering illegal build and Costa Ley Law abuse, and ensure offplan purchasers' inalienable rights are consistently respected by Banks.

Demolition risk for British-owned homes in Spain a 'substantial problem', says Foreign Office

UK officials promise to bring the matter 'to the attention of Spanish authorities'

Many Britons have seen their dream of owning a Spanish home turn into a nightmare; especially those whose homes have been deemed 'illegal' and demolished Photo: Robert Brook / Alamy

By Jessica Winch

2:30PM GMT 16 Dec 2013

The UK Foreign Office has said the risk of British-owned properties in Spain being demolished for breaching local planning rules is a "substantial problem".

The Foreign Office said it estimated that there are at least 4,000 British-owned homes in Spain affected by some sort of property dispute.

Will Middleton, director of British consular services in southern Europe, told the BBC: "For those involved it's absolutely devastating. It's the uncertainty that is the big problem."

A spokesman for the Foreign Office said the UK could not get involved in individual disputes and urged British people affected to go through the "appropriate local courts".

He said: "We recognise this is a substantial problem and we can bring to the attention of the Spanish authorities the problems British residents are facing.

 “We can’t interfere in court cases, and it’s up to the Spanish authorities to provide clarity on the legal uncertainty facing many British homeowners in Spain.

“We meet and lobby the Spanish authorities at all levels and we will continue to do so.”

He said the Foreign Office was aware of three British-owned properties that have been demolished because they were deemed illegal, one in 2008 and two this year.

The Spanish government was accused last month of pushing illegally built homes to British buyers.

Spain has approximately three million homes standing empty due to the property crash in 2007. Up to a third of these properties may have been built illegally due to corruption in the construction industry and town halls.

A British couple, John and Jan Brooks, had their dream villa bulldozed in October despite a court ruling that they were innocent victims of a corruption scandal.

The Foreign Office has produced a guide on how Britons can avoid being ripped off when buying a property in Spain.

http://www.telegraph.co.uk/finance/personalfinance/expat-money/10520587/Demolition-risk-for-British-owned-homes-in-Spain-a-substantial-problem-says-Foreign-Office.html

Baz, I think you are being a bit unfair on the BBC on this occasion.  They had a reporter in Almeria, and an analysis of sorts in the studio.  The report did explain about the corruption and the conflict between the Junta and local ayuntamientos, and they even interviewed an exmayor who said he was very very sorry!!   The analyst made it clear (sadly) that the British government could do nothing but lobby,  and I thought he ruined a rather good session by ending it with 'due diligence' being essential - when we had just been shown the legal documents relating to some the subsequently deemed ilegal builds.    But apart from that - it was good coverage - so well done BBC.     

Yeah maybe a bit unfair perhaps, but I do get a bit annoyed over this sort of thing because like on many occasions it's the innocent people that have lost everything, I still think that much more can be done by our government in bringing this problem up to a higher level in Spain, it doesn't surprise me that they wont because they have so many other easy things to deal with.

I have to admit that I didn't see any of the latest BBC shows about this, (It will be repeated thats for sure) so yes perhaps I was a bit hasty in condemning the BBC. But I still think so much more could be done with the right coverage and air time to highlight the problems to a greater scale, after all is said and done  media such as the BBC is one of thee most powerful tools going when it wants to get on the side of the man in the street. 

SORRY BBC.......Now I have grovelled gimme my TV licence money back you thieving B*******S.

I know how you feel!!   I am very critical of the BEEB and the compulsory license fee - so I have to take a deep breath to praise them.    What I saw was a news item, rather than a programme, but maybe they are building up to doing something bigger.     They had some new footage (at least I had not seen it) of the Priors living in their garage.   All of the sinned against were very dignified, but the reporter could have been a bit harder on the ex mayor.    

http://www.bbc.co.uk/news/world-europe-25397192

One thing is clear, and that is the uselessness (and unwillingness) of the Foreign Office when it comes to assisting British Nationals in situations such as these.  There is a principle involved here, not just individual cases.  The same applies to my battles with the Spanish Tax Authorities.  What are we paying for? The British Foreign Service, like the Spanish Civil Service, exists for its own benefit only.

Norm,  Isn’t this a problem for all nationalities (who have bought and had problems) not just British?   I am not aware that any other country has done any more than UK.

The EU investigated the general problem and issued a report (Margaret Auken  MEP) but I believe Spain has ignored it. 

I believe this is an EU problem.

Agreed.  No consolation however, to know that we are not alone.

For clarity it might help to keep all major aspects affecting consumer protection that need to be reported to the media on this thread, as they are fragmented across various EOS threads.

With this in mind here's an informative and highly concerning insight into the Costa Ley Law reform see

http://costasmaritimas.wordpress.com/2013/03/24/report-on-the-spanish-coastal-law-reform-bill/

Also concerning is the latest situation affecting off-plan purchasers re Polaris World (see thread http://www.eyeonspain.com/forums/posts-long-19075.aspx) which begs the wider questions 

How can Banks (whether they be the Sareb Bank or others) become preferential creditors/senior claimants, when it was the Banks from the outset who have failed to comply with the obligations imposed on them via Ley 57/68?

Can Banks in Spain become the beneficiaries of their own serious financial illegalites, gross negligence and lack of due diligence which have significantly compromised innocent consumers?

Has the Bank of Spain facilitated non compliance of this law Ley 57/68 by their failure to supervise the Banks and has failure of transparency and deficiencies in the land registry (not registering offplan contracts / provision of secure accounts) hidden the scale of offplan deposited monies at risk in Spain during this last decade?

.Do you have any observations to add to these questions Keith and does this scenario that has occurred with the Polaris group have any wider implications for the ongoing legal actions against Banks in Spain? If  the Sareb Bank can just take senior claim in this fashion, might this lead to the collapse of consumers' inalienable rights according to Ley 57/68 in Spain?