BBC Watchdog: Spanish dreams reduced to rubble

Tony

What Consumer Founder
Apr 7, 2008
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From sophisticated Seville to the tourist magnet of Malaga, the Spanish region of Andalucia is a place thousands of British people have made home.

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But for some, the paradise they dreamed of is crumbling. Thousands of new homes in Andalucia, as in other regions of Spain, have been declared illegal. Some have even been threatened with demolition.


When Bruce Hobday's house was built four years ago in Northern Andalucia his builders assured him they'd got all the right permissions and licences in place.

But two years later the Spanish police told Bruce the permissions he'd been told about didn't exist and his home was illegal. They were planning to prosecute the builder, and they could call in the bulldozers.

The electricity company also declared his builder had been taking electricity unlawfully, so they cut off his supply. Bruce and his neighbours now share a generator for just twelve hours a day.

The Hobdays are among thousands of people across Spain whose homes have been declared illegal. Over the last decade people flocked to the country in search of a place in the sun. Local builders, lawyers and estate agents welcomed them and local town halls - which gave planning permission - were only too happy to oblige.

Now it has emerged that homes were given permission to be built on rustic, or farming land where building is often forbidden. In many cases lawyers and even local mayors didn't inform the regional government they had given permissions to build in these areas.

The regional government should know when new homes are built, because unless they do the permissions signed off by the town halls are worthless. Regional governments have now declared thousands of homes illegal, and have ordered some to be demolished.

Helen and Len Prior know all about that threat. Their home in Northern Andalucia was demolished in 2008 by the Andalucian regional government, five years after they moved in.

The Priors had received warnings that their home had been built illegally, but they'd appealed against the decision and were waiting for it to be heard in a court in Madrid. The regional government acted before their case was heard and gave the Priors just a few hours to move their belongings.

Last year the Constitutional Court in Madrid accepted the Priors' home had been wrongly demolished. It ordered their town hall to provide them with alternative accommodation, but more than two years later the couple are still fighting for compensation.

"We did nothing wrong. We have got to fight. And Len and I will fight with walking sticks and Zimmer frames if necessary," Helen Prior told Watchdog.

Marta Andreasen, an MEP for the South East of England, used the Priors' case as an example when she criticised the Spanish Prime Minister about this issue in the European Parliament in January 2010.

She told Watchdog: "The Spanish government should recognise the rights of people who acquired the houses in good faith and in the case where the houses have to be demolished because of environmental issues, they should be compensated fairly."

Although the regional government of Andalucia has already had one demolition declared incorrect, it hasn't stopped it pressing ahead with plans for more. In some cases, the people whose houses are at threat know nothing about the legal battles over their homes until it is too late.

Christine and Noel Payne moved into their home in northern Andalucia in 2003. For six years, without their knowledge, the regional government and their local town hall have been arguing in court over whether the building broke local planning laws. They were only told in December 2009 when they received a letter telling them their house would need to be demolished.

"If you see the police or a bulldozer anywhere as you're going into the town you panic. And it just takes all your normal way of living away," Christine told Watchdog.

Recently, the threat of demolition grew ever closer for people in Andalucia whose homes have been declared illegal. A new law brought in last month in the region means illegal houses could be demolished in just one month.

The new law is meant to stop new illegal developments springing up but those who've lived in the region for years and whose houses are illegal are worried that it could be applied retrospectively.

"Our concern is that it's not clear in the text whether it can be applied to illegal houses of longstanding, and it has not been unknown for the governments of this area to act hastily in the demolition of houses," said Maura Hillen, president of AUAN, a residents' group representing 600 people whose houses have been declared illegal.

The Spanish Embassy in London told Watchdog:

"Hundreds of thousands of British citizens own properties in Spain. The great majority of them have no problems and happily enjoy their homes. The cases mentioned in the BBC programme "Watchdog" are very regrettable, but rather exceptional.

"There are different reasons for these cases. Some are due to fraud committed by private companies or individuals. Sometimes the houses are against the law, in particular against planning or environmental legislation.

"The Spanish authorities are fully aware of these problems and are doing their utmost to help those affected and to try to solve these unfortunate situations. Their rights are fully protected, as Spain is a State based on the rule of law."



Spanish dreams reduced to rubble