What happens if planning permission is found to be illegal

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26 May 2009 12:00 AM by Russ W Star rating. 230 posts Send private message

In 2007 I placed a deposit for an off-plan property.  In 2008 it emerged that there may well have been planning irregularities involving the local mayor.  From completing a number of internet searches, it appears that this person faces a number of other similar allegations.

The case is presently going through the legal process, with the magistrate ordering a final report this week (that was my interpretation anyway!).

What would happen if there were found to be planning irregularities.  I understand that they may not actually affect my porperty directly but would effect the resort itself and may mean that some advertisied facilities may not be provided. 

I guess that without providing the exact details it is difficult to give a precise answer but a rough idea about how worried I should be would be useful!!!

Thankyou in advance - Russ



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26 May 2009 11:36 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

Demolitions are carefully and restrictedly practised. Illegal works are generally legalised but anyhow... there is always a possibility.

I would not worry at all by now. Just waut for the report to come out and then act.

Best,

Maria



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Maria L. de Castro, JD, MA

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Director www.costaluzlawyers.es

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26 May 2009 12:47 PM by advisor Star rating in London most of the t.... 311 posts Send private message

what is the development / area?

this may help you with some more specific news



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Nobody plans to fail, many fail to plan, sadly the result is the same.

 

 




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26 May 2009 2:39 PM by alamred Star rating. 242 posts Send private message

Russ, act very very very quickly.

99.9999999% of spanish builders are crooks as as are town councils and mayors.

The developer will be looking at ways to steal your money - so dont be fooled, get an abagado urgently and ensure you are chasing down your deposit.

No spanish developer is every poor, and generally they are rich due to actually fraudulently.

The Spanish government could care a damn about foreigners, as proved by repeated ignorance of EEC reports, comments, threats.

The Spanish Government could not care less whether you are swindled out of your money, they are only interested in achieving more back handers.





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26 May 2009 8:49 PM by Russ W Star rating. 230 posts Send private message

Hi everyone - thanks for your replies - the development that I'm refering to is Medina Elvira and the person who is allegedly involved in planning irregularities is the mayor of Atarfe - Victor Sanchez.

http://www.europapress.es/andalucia/granada-00353/noticia-tribunales-juez-encarga-informe-pericial-residencial-medina-elvira-atarfe-20090523121528.html

I understand that he is also embroiled in about 6 other cases and it seems that most of the allegations involve the selling of public land at undervalued prices - only to be shortly resold at more realistic market levels. 

Medina Elvira appears to be a bit more complicated than this and its difficult for me to translate the full meaning of the news articles - let alone understand the legal implications!

Any further clarity would be really appreciated.

PS I should add that the developer mentioned in the article is not implied in the case!  However they are building on the resort itself.

thanks - Russ



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