Rob Horgan
A LANDMARK victory for five British expat families could spark a spate of compensation claims in Spain.
The ruling to cancel the demolition of five English pensioners’ homes in Almeria saw a newly-implemented property law put into action for the first time.
The new law protects homeowners who unwittingly bought illegal property in ‘good faith’.
There is now renewed optimism for expat homeowners who fell foul of illegal housing scams in the mid 2000s.
AUAN expat campaign group president Maura Hillen said the ruling represents a ‘turnabout moment’ in the way homeowners are treated in Andalucia.
“It certainly looks promising,” she told The Olive Press.
“We feel that the change to the Criminal Code has given the courts the tools to deal fairly with homeowners who were the victims of unscrupulous promoters and careless administrations.
She added: “The new legislation exists but people need to invoke it.
“The five homeowners are now free from proceedings, relieved of the stress, and can set about having their properties regularised.”
Meanwhile, a spokesman for fellow campaign group SOHA said the victory was a ‘positive sign of things to come’.
He also said the group is hopeful for a positive resolution to the Prior’s case, which saw the expat couple’s Almeria home torn down in 2008 after it was deemed illegal, as reported in The Olive Press.
It would appear that the new law is acting as a deterrent. There is no doubt that these properties would have been demolished but for this law change which was brought about by the hard work of AUAN, SOHA and their excellent lawyer.
Before getting too excited about the modest upturn in the Spanish property market, it is worth noting that there is still some way to go on the series of law changes that will give property owners confidence and security. There is still a cloud hanging over the Spanish property market that will not go away until there are proper laws in place to protect property investors, only then will the market lift off.
I wonder how many billions of Euros the PSOE-led Junta de Andalucia have cost their region in terms of lost revenue? How many lives have been ruined? Had it not been for their incompetence, the property market could have ticked over rather than crashed during the crisis and the region as a whole would be in a very different place now.
i WOULD LIKE TO KNOW IF MY SINGLE PARK HOME ON A FARMERS PLOT NEAR MALAGA IS LEGAL.I HAVE BEEN THERE 4 YEARS AND HAD AN INSPECTION. HOWEVER i HAVE NOTHING IN WRITING AND NO OBJECTIONS FOLLOWING THE INSPECTION. I PAY THE FARMER RENT FOR THE PLOT AND HAVE A CONTRACT FOR THE RENT OF THE LAND. BUT NOW WISH TO UP GRADE MODERNISE AND I PREFER NO PENALTIES OR DIFFICULTIES AS I WILL BE INCURRING CONSIDERABLE PERSONAL EXPENSE.
Get a lawyer! How do we know?
Beverly, I would definitely agree with Fred and recommend you consult a lawyer. If you have any problems finding a reputable Spanish lawyer, please contact me via the OP and I can recommend a few. I don’t think I am allowed to name them on here!
lawbird.com