NEWS


Brit home owners in Zurgena building scam
Builder flees with thousands while expats are forced to cover unpaid mortgages 
Costa Almeria News, 12th December, Richard Torne 

THE pitfalls of buying property in Almería are once more in the spotlight this week following revelations that scores of expats have fallen victim to a crooked developer who fled with their cash and left mortgages unpaid.

An investigation by this newspaper can reveal that the owner of building firm Socribo S.L., responsible for the Jardines del Almanzora housing complex in Zurgena's La Alfoquía district, took out at least seven mortgages on properties expats had already bought and paid for.

The bank, Caja Sur, started legal proceedings in July to reclaim seven of the properties and is threatening to evict expats unless the outstanding moneys are paid.

Nigel and Jane Thomas bought a part-built villa in October 2004 for 120,000 euros. The villa was completed in March 2006 after a delay caused by a dispute between the builder and the firm selling the land, New Horizon Villas - a company currently being investigated by the Guardia Civil for fraud.

Although the couple were instructed to pay 73,418 euros into Socribo's Banco Popular bank account, the builder's mortgage was with Caja de Ahorros de Córdoba - a subsidiary of Caja Sur, the bank that is now demanding the money.

To their horror, Mr and Mrs Thomas only recently learnt the bank was foreclosing the mortgage on the seven properties, including their home.

Lawyers who have reportedly filed criminal proceedings against Socribo's owner, Jose Manuel Bonilla Vargas, are claiming Sr Vargas Bonilla has fled without a trace.

But Costa Almería News can reveal that, far from disappearing off the face of the earth, Sr Bonilla Vargas is happily living in Almería city. He is also in hot water with the Spanish Inland revenue for not paying social security contributions and is the subject of four claims of irregularities with the authorities.

Coupled to claims of fraud by the developer, there is suspicion lawyers did not act in the interests of their expat clients. One lawyer in particular acted as representative for both the real estate firm involved in the sale, Art of Living, and the victims.

To add to the couple's woes, the sales contract falsely stated there were no charges on the property and they are still without their title deeds. There are also question marks hanging over the agent representing the real estate company, who cannot be named for legal reasons, as she claimed to be the owner of the property when it was sold.

Read the full story in the Costa Almeria News.

Costa Almeria News Online


Illegal House "Lobbies"
Outlying area residents without licenses join together to get their homes legalised
Libertad Paloma, Cadiz Andalucía Section, El País, 7 December 2008

They built without permits, paid much less for their houses than normal prices, and broke the law. But now they want more. Amongst the many illegal outlying residential areas that have sprung up in Andalucía, pressure groups have formed: neighbours have joined forces to convince authorities to overlook the offences that have been committed and to drop the cost of getting their houses regularised. Angel Núñez, tax coordinator of the environmental department, has dealt with them and warns about the power of these "lobbies" whose demands the municipal governments cannot - or do not want to - ignore.

"We aren't illegal", say homeowners protected by neighbourhood groups in Chiclana (Cádiz) who began building in this town without any planning control two decades ago. Today there are 15,000 such houses and their owners stand fiercely by the letter of planning law. "We built our homes without building permits, but the majority of the houses are over four years old. They are untouchable," argues Rafael Ortiz, one of the group's spokespersons.

One of the first meetings of José María Román (PSOE), Chiclana's recently appointed mayor, was with this neighbourhood group. He has already announced that he will reduce the municipal ordinances drawn up by the previous local government which had anticipated prices of between 20 and 36 euros per square meter for mains electricity, water and sewage hook-ups.

Pressure comes to other towns via demonstrations. Residents of El Puerto and Chipiona have joined to denounce the "social impact" created by the current policy of sanctions against illegal constructions and have called for a protest for January 16. In Chipiona, with some 300 demolition orders, Manuel García, the socialist mayor himself, in a letter to the Junta de Andalucía, admitted that demolition could provoke "social conflict".

…In Vejer, the Council of Territorial Planning and Housing of the Junta de Andalucia is going to let the houses built in El Palmar on non-urbanisable land remain, as long as the residents themselves monitor to ensure that no new buildings are constructed.

The illegal urbanization of Las Pitas has become a real headache for the local government of Córdoba whose residents have been demonstrating and pressuring the Junta de Andalucía and the town hall in search of a regularisation of their situation. Built near the archeological ruins of Medina Azahara, the land where the Last Pitas urbanization lies was declared of public interest in 2003. This has resulted in actions taken against six families who built homes after 2006…

… Residents have staged a concerted pressure campaign, including demonstrations in the streets of Córdoba, cutting off roads, congregations in front of the tribunal of the city as well as marches to the archeological ruins. Representatives of both the Junta and the town hall have met with neighbours to explain the contents of a new decree which claims the expropriation of several undeveloped plots in Medina Azahara. The homeowners in Las Pitas have also joined up with those in other urbanizations.

The British community living in the Almanzora Valley, in Almería province, have joined forces in forming AUAN and spearheading a drive urging the Administration to legalise the 5000 homes which are currently illegal in the comarca. The British association was greatly troubled by the demolition of the Priors' home in Vera, as well as by the police operation carried out in Zurgena against the mayor and councillors for alleged urban planning offences. The British community has roundly criticised the "tardy" wheels of justice in all these cases.

The aftermath of a visit of a European Parliament group in 2007 who wanted to see for their own eyes what was happening to British residents has resulted in some attempts on the part of the Junta to resolve the situation. The British even wrote to King Juan Carlos explaining the problem of the residents, the majority of whom are pensioners.

Last September, the Junta announced that houses built in eight municipalities of the Junta de Andalucía on non-urbanisable land - upon which planning disciplinary actions or penal procedures or administrative proceedings were pending - would have priority in an action plan to find a "solution" to the problem. The Housing Department delegate, Luis Caparrós, ventured to say that the first estimates indicated that only 5% of the houses in question would be "exempt from regularisation" because they were found on public or protected land.

Los Lobbies de las viviendas ilegales


The Costa of "Innocent Third Parties"
Málaga, Andalucía Section, El País, 7 Dec 2008

The neighbourhood associations affected by planning irregularities have discovered the best way to be heard by town halls in the Costa del Sol: forget the word "association" and call yourself "platform" or "citizen's group".

In Marbella, the most influential is the citizen's group of those affected by the PGOU (General Plan of Urban Planning). This group includes the owners of houses considered illegal and who are threatened by demolition. These owners call themselves "innocent third party buyers who bought in good faith", in other words, that they purchased their homes without knowing that they were illegal. They also refuse to pay the costs levied by the town halls to regularise their homes.

The mayoress of Marbella, Ángelli les Muñoz (PP), has worked hard to stay on the good side of this group who have never turned against her in their public protests. In October 2007, before the provisional approval of the PGOU, the group brought some 2000 residents into the streets to protest the urban plan which they say was "imposed by Seville".

Also very active is the 29-M Neighbourhood Citizen's Group, whose name harks back to the launch date of the anti-corruption Operation Malaya campaign in the city. This group's 3000 members includes those who were seriously prejudiced by the uncontrolled planning practices of the Gil epoch…The group demands the carrying out of 40 final demolition orders. It is also considering contesting the current PGOU on the grounds that it "is a law which grants amnesty and not accountability for the planning infractions that were committed in Marbella" with its over 18,000 illegal houses.

The residents of Mijas who live in some 1700 homes with pending demolition orders…are complaining that although they managed to convene a plenary session to discuss the plight of their homes, their mayor (PSOE) has not put a stop order on the demolition orders during the discussions.

In Estepona, owners of campitos, isolated dwellings in outlying areas, are also fighting for regularisation. Those from this group say it is unfair that while their homes are receiving fines, municipal employees have illegally built an agricultural zone.   

La Costa de los "terceros de buena fe"


EU threathens to freeze funding if Spanish urban abuses are not resolved.
AUAN, 2nd December 2008

A preliminary report to the Petitions Committee of the European Parliament on urban planning abuse in Spain proposes to freeze EU funding if the situation is not resolved.
The motion for a European parliamentary resolution was authored by the Danish green MEP Margrete Auken.  It is the third such report on urban planning abuses in Spain and the language is getting stronger.

The report notes that 'many thousands of European citizens have, in different circumstances, bought property in Spain in good faith acting with local lawyers, town planners and architects, only to find later that they have become victims of urbanisation abuse by unscrupulous local authorities and that as a result, their property faces demolition because their homes have been found to be illegally built and therefore worthless and un-saleable'.
 
It further notest that 'Whereas there is growing evidence that the judicial authorities in Spain have begun to respond to the challenge resulting from excessive urbanisation ……'(the report) 'observes however that procedures remain outrageously slow and that sentences passed in many of these cases are unable to be enforced in a way which provides any satisfaction to the victims of such abuse'.

The report claims that the activity of urban abuse ' has been most damaging to the image of Spain and to its broader economic and political interests in Europe'. It states that' … the tens of thousands of workers in the building industry now face unemployment because of the unsustainable urbanisation policies which were pursued and from which they now have also become victims'.

The  report reminds the committee that the EU commission has the power to suspend funding to a member state or region 'if it considers this necessary in order to persuade a member state to end serious breaches of the rules and principles'.

The report will be subject to revision and amendment before it is voted on in March 2009.

Read Report in Full


A co-ordinated plan
Translated from EL Pais, 10th November 2008, Diego Narvaez

The collaboration with the town halls in the general plan of urban inspection being developed by the Ministry of Housing and Planning has a strategic character. Both administrations have powers in urban planning discipline, but the ultimate aim of the revision and status update is the drawing up of development plans.

The plan provides for the signing of agreements with municipalities of less than 5.000 inhabitants and the creation of assessment offices to give technical support in different areas.

The inspection plan has begun in seven problematic areas: Valley of Almanzora, Freilas, the coastal area of Vejer de al Frontera, Medina Azahara, Axarquía, Sierra de Aracena and Quesada (Sierra de Cazorla).

One of the first aims of the plan is the elaboration of an inventory of the houses built on suelo no urbanizable . The forms include technical information (location, promoter, if it has got or not got licenses suitable for the house and project plan), stage of development (in what condition they find the house,, if it is inhabited and since when) and the legal situation (if there is any administrative process or some judicial procedure), in addition to photos, sketches and the geographical location of every construction.

The inspectorate, which has 25 agents, will be increased with 11 others next year, when there still will be only half of the foreseen number.


The inspection will outline the most serious cases of illegal houses for demolition
The type of land built upon or the existence of profit will determine the scale
Translated from EL Pais, 10th November 2008, Diego Narvaez

Urban development legality is a path that does not allow for short-cuts and its restoration must be considered in the municipal PGOUs. This message has been persistently repeated by the Director of Housing and Planning, Juan Espadas, in meetings that he has had with the mayors to tackle planning. The phenomenon has acquired such a dimension, with dozens of thousands of houses built on non buildable land all over the Andalusian territory, that a global answer isn't possible. It isn't either possible to demolish all the illegal houses, nor can there be a general amnesty because this would reduce the legitimacy of the planning regulations.

So the process of regularisation will have to establish a hierarchy of irregularities, and determine those which can be adopted by planning and those that have no other remedy but to remain 'fuera de ordenacion'. Somewhat similar to the plan of regularization designed in the PGOU for Marbella whose author, Manuel Gonzalez Fustegueras, adopted the concept of mortal and venial sins to explain.

The newly created Inspectorate of Urban Development has, among its missions, to define a precise register of all the irregularities, which will allow them to establish which measures to apply to restore the legality, but always from the premise that no infraction must remain unpunished and the general interest must prevail over the individuals.

To give guarantees of objectivity and to remove doubts of arbitrariness, they have elaborated a regulation that establishes four fundamental criteria on the priorities of the Plan of Inspection.

 Social repercussion. The social, judicial or economic context must be considered. " It is necessary to take into account the existence of a special social sensibility when assessing some infractions because it is necessary to link the disciplinary action of the Administration with civil society ", explains the Director General of Inspection, Jose Antonio Ortiz , referring to places like Medina Azahara, El Palmar or Axarquía, where the phenomenon of urban development is a source of social conflict.

 Prevention. One of the priorities is disciplinary actions that can further prevent infractions from multiplying. A rapid and effective action against the first manifestations of a new type of infraction can have this preventive effect, and an example can be the new phenomenon of installation of wooden houses brought about by the wrong belief that they can be placed on seulo no urbanizable.

Territorial consideration. They will preferably take actions that have an effect on a territorial scale and concern protected lands, or lands reserved for infrastructures and equipment in the regional plans. Turning a tool shed built in a ravine or in the riverbed of a creek, into a house isn't the same as if it is built in a land without this type of problems. An urbanization on land planned for road links in a mountain that forces a re-plan of infrastructure, is not the same as if it is on a plain where it is possible to create an alternative route.

Economic benefit. There must be different disciplinary answers for those infractions that have provided profit to their author, from those others that have not. For example, illegal plot divisions that have allowed the construction and selling of several houses in an area are different from the construction of a house for one's own benefit and use. Ortiz makes clear that when there is a professional activity it is easier to damage the general interests. For example, filling a fertile plain with houses destroying cultivation.

Original Article in Spanish


Special Edition on Spain
The Economist,  November 2008

The Economist magazine has produced a special report on Spain which makes interesting reading. The Economist Special Report

One reader has sent the following response to this report.

Dear Sir or Madam,
While transiting through Madrid Airport last Saturday I picked up the current issue of the Economist. I was attracted by the 14-page special report on Spain ; it had personal relevance for me. In 2000 I bought an apartment in Estepona. It was marketed in Ireland by one of our top property companies and conveyed professionally at considerable expense through the local acquisition processes.

Six years later what should have been a basic routine economic exchange has turned out to be a nightmare. The internal specifications were ignored and then fundamental construction problems emerged. The response from the developer, despite protests to Estepona Town Hall and legal challenges in the local Court was to do nothing. Moreover he attempted to build twenty-five extra units in an area designated for recreation and services and was only stopped after vigorous representations by a lawyer, not Spanish, who happened to be in residence. The construction company is now in liquidation, Estepona Town Councillors are in jail and the Spanish Legal system is systemically incapable of protecting small property owners.

So what you may and Spain may say? Well in our comparatively small urbanization the injured parties are British, German, French, Dutch and Irish. When we read that Spain has received €186 billion from the taxes of EU citizens and yet is happily complicit in their individual plundering we have a right to be angry, angry with Spain and our respective Members of the European Parliament. While a united Europe may be a great idea at the macro economic level it will not survive if built on an indifference to the basic right of citizen to see their taxes having some minimum payback.

All politics are local said Tip O'Neill. The rejection of the Lisbon treaty in Ireland had more than a small element of payback for the presumptive attitude of our politicians. An anti-EU party has now formed in Ireland and any belief that another ballot will carry the day for our politicians would again be highly presumptive. Better for the EU if it took a little more interest in the rights of its citizens especially in countries like Spain where the basic rights of non-nationals are being trampled on with impunity.

A good start would be the turning-off the flow of cash aid and treating Spain like a packet of cigarettes - a large health warning to all EU citizens who might think of doing business there.

Yours sincerely,

Hugh Doyle



Cantoria: The inspection has commenced
AUAN,  6th November 2008

The inspection of homes in Cantoria has commenced in a flurry of confusion. The homeowners are as usual in the dark.  The AUAN is seeking a meeting with the mayor of Cantoria to clarify the situation and to request the creation of a working party so that the homeowners can be better informed.

In the meantime we have gleaned the following information.

If an inspector calls to your home they must by law be empowered to do so and must provide you with identification.

The form should be completed by the town hall representative and NOT by you, the homeowner. You are not obliged to answer any of the questions but we remind you that this survey has been vaunted as the first step on the long road to regularisation.

Cantoria Survey Questions (translated)
Location?: Poligono No,Parcela No: (The inspector should know this if you do not) 
Builders Name and Address:?
Owners name and address?
Owners Post office Box Number?
Does the property have a building license? Yes or No 
 If in doubt, refer the inspector to the town hall.
Is there a license of first occupation? Yes or No 
Is there a 'Proyecto de actuacion' (a construction project on rural land (eg. for a farm house).) ? Yes or No  If in doubt refer the inspector to the town hall.
Stage of construction?
What year was it completed?

Is it inhabited?
If yes, is it a first home or second home?
Legal situation, is it under administrative or criminal proceedings? Yes or No If in doubt, refer the inspector to the town hall. They will have this information.

Please note that this form is for Cantoria only. The inspection process will vary from town to town. We will provide updates on other areas as we get more information.


Expats told to cough up
Costa Almeria News,  Richard Torné, 31st October 2008

THOUSANDS of expats who own illegal properties throughout the province will be expected to foot a substantial part of the infrastructure bill as part of the regularisation process, the Junta's chief planning inspector declared last week.

José Antonio Ortíz insisted that neither cash-starved local authorities nor developers will be able to stump up all the cash needed to transform clusters of isolated developments into proper neighbourhoods.

Sr Ortiz made the comments at the fourth Jornadas de Urbanismo conference in Albox, which had been organised by AEPA, an association of local businessmen.

More ....


Summary of AEPA Seminar -  A solution for homes 'fuera de ordenacion' in the Almanzora Valley
AUAN ,  23rd October 2008

Members of Abusos Urbanisticos Almanzora NO (AUAN) attended this seminar with a translator.

Attached, please find a translation of the topics discussed on the second day of the seminar (23rd October). They are of interest to property owners in the Almanzora Valley.

 
Summary of AEPA Seminar 23rd October 2008



Open Letter from the AUAN 
AUAN Press Release,  October 2008

Abusos Urbanisticos Almanzora NO (AUAN) is an association of people who purchased homes in good faith in the Almanzora Valley, only to subsequently discover that they are illegal. We are campaigning for a resolution to this situation so that we can live our lives in tranquillity.
We are writing this open letter to our friends and neighbours in the Almanzora Valley to dispel some of the myths surrounding the owners of the 'illegal homes'.

We did not purchase our homes cheaply. Our members spent an average of €200,000 for their homes between 2001 and 2006. According to statistics published by the Ministry of Housing, average new build prices peaked at €161,469 in Andalucia for the same period.

We did NOT know that our homes were illegal when we bought them. Why buy an illegal house when we could have bought legal ones for the same price? We trusted our professionals to protect our interests, and our town councils to ensure that the planning regulations were enforced. Our trust was misplaced, and a number of constructors, lawyers, council members and other professionals are now involved in criminal and administrative proceedings as a result.

We are not rich. The majority of our members are pensioners who spent their life savings on their dream home in Spain. Now our income is reduced by the worldwide economic crisis and, like you, we must economise.

We have no peace of mind. We are threatened with legal and administrative proceedings up to, and possibly including, the demolition of our homes. It is deeply upsetting and embarrassing for our members to be treated like criminals when they acted in good faith. Some members have already been dragged into these court actions and have spent thousands of euros defending their homes.

We are not living an easy life. Over 50% of our members have no electricity and are forced to use noisy generators costing many euros/week. A similar percentage has no mains water supply, and has to have their supplies delivered by tanker. Those that have supplies worry that they will lose them. Surely these basic necessities of live could be made available to those without, on humanitarian grounds?

We are not asking for luxuries. We would like legal paperwork for our homes, and the peace of mind that will bring. We would also like the guaranteed supply of electricity and water. These are things that we paid for, but have never received.

We welcome the fact that, after years of procrastination, the Junta de Andalucia has finally acted and initiated an Inspection Plan as a first step to finding a resolution to the problem. We say to the Junta… 'Hurry up and tell us what happens next! How will you regularise the houses, once you have counted them?'

Finally, we think that this problem affects you too. The owners of illegal houses cannot pay their annual IBI. This represents at least 2 million euros in lost revenue for the councils of the Almanzora Valley. This is money that your councils need to improve the quality of life for everyone.

The actions of a small minority have damaged the reputation, and the prosperity, of the entire valley. Please urge your politicians to resolve this issue as quickly as possible for the benefit of all.

Press Release in Spanish


Denuncias in Albox
AUAN , 17th October 2008.

The attached maps were received by one of our members amongst court documents.
The maps shows the homes that have urban discipline proceedings in a small area of Albox.

Denuncia Map 1  Denuncia Map 2

The DUs (disciplinas urbanas) date from 2005 to 2007.


Urban planning conference in Albox
AUAN , 11th October 2008.


The AEPA (Association of Entrepreneurs and Professionals of the Almanzora Valley) has taken ‘Urban Planning’ as the theme for its annual conference on the 22nd and 23rd of October.

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Subtitled ‘Solutions to homes ‘fuera de ordenacion’ in Almanzora and possible future of the region’, the conference will be inaugurated by Luis Caparros, provincial delegate for Housing and Public works (amongst others).ML:NAMESPACE PREFIX = O />

A keynote speaker will be Sr. Jose Ortiz, Director General of Territorial planning, urban planning and housing from Seville.

Sr. Ortiz recently announced the 'Plan of Inspection' which will audit all houses outside of an urban nucleus in the Almanzora Valley.

As far as we can tell the meeting will be conducted entirely in Spanish but we will be asking the AEPA to provide a translator for the key speeches.

More information and a timetable is available at:

http://www.portalmanzora.es/a/modules.php?name=Forums&file=viewtopic&t=6492

If you live in the Almanzora Valley and affected by the illegal housing situation, we strongly recommend that you attend.


Legalisation plans revive illegal construction in Almanzora
Translated from Teleprensa , 1st October 2008.

The legalisation plans announced by the delegation for Housing and Planning and agreed with the mayors of the area in an unprecedented move to legalise over 5,000 villas deemed to be illegal have not had the expected effect, as some locals have denounced this action to environmental and other groups as an attack on the legal system and the environment.
In a denuncia sent today to Greenpeace, it is claimed ".......Simply take a stroll through Albox, Limaria, La Aljambra, Los Llanos de Arboleas, Los Carrascos, Zurgena, Oria, Partaloa, Cantoria" they say. There are "thousands of houses for
foreigners without any integration into the environment, without services, that have been built indiscriminately ,without any order"...." causing irreversible impact on the environment".... (Full article in Spanish)

Translated from Teleprensa , 1st October 2008.

Luis Caparrós, delegate for housing and planning has this morning denied that the construction of illegal houses continues or has been increased by the announced plans for legalisation as alleged by a communication sent to Greenpeace and various media. "That does not agree with my information" he affirms......
He asks that the residents of Almanzora remain calm, both those who are worried about the environment as well as those worried about their houses because everything will be done within the law.
(Full article in Spanish)


News Digest - Latest quotes from Luis Caparrós about the regularization process
AUAN, Translated from articles in El Mundo and Europa Press.

The delegate for Housing and Planning,  Luis Caparrós, has revealed some more snippets of information about the Juntas thinking with respect to the regularization process in various press interviews. Any NEW information has been summarised below.

El Mundo, Saturday 27th September (Article in Spanish)
The town halls have been given two actions to complete. 
1) Compile a list of all dossiers opened by SEPRONA, the Junta de Andalucia
    or the relevant local authorities. 
2) Perform an inventory of all houses on non-urbanizable land (with photos and
    an explanation of whether or not it has a license of first occupation,
    infrastructure and basic services etc).
According to Sr. Caparrós the councils have been given 6 months to complete this task and the Junta will provide the necessary legal, technical and economic support to the councils to help them.

Through meetings with the mayors of the town halls affected by thousand of illegal houses (Lubrin,Albanchez,Zurgena,Cantoria,Albox, Arboleas, Oria and Partaloa) the minister has established that from now on these councils will exercise their responsibilities and will open disciplinary proceedings against those promoting illegal houses and will demolish if necessary.

With respect to the regularization process for houses that are already built, Sr Caparrós had the following comments.
- Isolated houses that have the characteristics of historical cortijos may be given
  the same status as these traditional villas. This measure adaptable to the
  LOUA is only one of many measures which will be taken.
- It is likely that incomplete houses with concrete skeletons and no facade will be
  demolished.
- The Junta will not hesitate to demolish houses in ramblas where there is a  
  danger to life.

Europapress 23rd September (Article in Spanish)
Houses with an administrative or penal dossier will be given priority in the regularization process.

An office will be opened in each of the affected towns in order to complete the inventory of houses as quickly as possible.


Municipal Plan of Inspection to regularise houses
Translated from ElAlmeria.es,  20/09/2008.

The delegate for Housing and Planning for the Junta de Andalucia, Luis Caparros, has organized a series of meetings at the headquarters of the Ministry in Seville with the Almanzora municipalities affected by the problem of housing on 'suelo no urbanizable', with the aim of making progress on the Municipal Inspection Plans, which will serve to regularize the situation and prevent further illegal constructions in the area.

The director general of Inspection, Jose Ortiz, and his technical team will receive the mayors of Albox, Cantoria, Oria, Partaloa, Arboleas, Albanchez, Lubrín and Zurgena who,together with Luis Caparrós, will analyze the specific characteristics of each municipality.

The meeting will also spell out the mayors and their technical teams the characteristics of a Municipal plan of inspection and specify how they have to make the inventory of the homes on non urbanisable land.

The delegate of Housing emphasised how swiftly the Junta are moving to resolve this problem because "the director general of Inspection met little over a week ago with the Mayors in Almeria and we have already arranged the next meeting". Luis has Caparros indicated that "it is impossible to do things faster" and emphasized that the speed with the mayors have been convened is "a good indication of the interest of the Junta solve the problem of housing in non-urban land for the thousands of residents in Almanzora who have been affected."

After the meetings to be held on 23 and 26 Sept, the councils will have to approve the execution of the inventory by council plenum.

Caparros does not want to forget either about the difficulty of some smaller municipalities to produce this document which will specify the characteristics and location of each home located on suelo no urbinizable.

Therefore, he explained that "the Seville meeting will also allow the mayors to meet the Inspection team and call on the technical support needed to produce it as soon as possible "

It is noteworthy that the eight municipalities have already committed themselves with to implement a Municipal Plan of Inspection, which must be completed by the end of the year.

Once the Andalusian government and municipalities have a census in which they detail the status of all buildings, it will be down to the each municipality to decide which houses can be included in the PGOU and therefore regularized (provided that they have basic services and infrastructure), which houses will be 'fuera de ordenación' and which must be demolished because they are in a dangerous location (such as a ramble) or on a right of way.

Finally, Caparrós has been very pleased with the willingness that all the mayors and their councils have shown at the time of launching this plan.

Original Article in Spanish


End in Sight....
...but Junta's proposal to solve scandal of illegal properties gets mixed reception 
Richard Torne, Costa Almeria News, 19th Sept 2008

A BID to legalise the vast majority of illegal properties in the Almanzora under a bold new proposal by the regional government has been met with scepticism by the leading association fighting to save expats' homes.

Housing Delegate Luis Caparrós revealed the Junta's latest plan at a two-hour meeting last week with the mayors of nine towns: Cantoria, Zurgena, Albox, Arboleas, Oria, Partaloa, Albanchez, Vera and Lubrín. He later briefed the press before meeting representatives of the expat association, AUAN.

Under the latest proposals, each council will undertake an inspection of districts, plotting every property using aerial photographs and opening a file on every home to determine whether it has been built by a river bed or on protected land, and whether it is located close to an urban nucleus or in the countryside.

The thrust of the Junta's scheme will be to designate all those properties built on rural land and not threatened by flash floods as 'Fuera de Ordenación'.

This would legalise up to 95 per cent of properties, but at a cost. Owners would first have to wait for a period of up to four years for that to happen, and would not be allowed either to alter or increase the size of their properties. In addition, they would not enjoy basic services such as rubbish collection.

Describing the inspection plan as "the definitive solution", Sr Caparrós said the legal status of these properties would be "the same as that of any old cortijo", although he stressed that every home would first have to pass a quality inspection approved by the EU.

The Junta's ace card will be to declare land on which these houses have been built as 'protected' in the forthcoming municipal and sub-regional plans. This means that once development plans are approved anyone building a property on the land will face criminal charges. The Junta estimates there are between 5,000 and 6,000 affected properties, but the Plan Municipal de Inspección, as it is called, will provide the definitive number.

However, although mayors have been enthusiastic about the initiative, the proposal was given a cool reception by the AUAN, who said in a brief statement there were still large question marks over the entire operation.

One of the major sticking points is the time-frame for the inspection. Sr Caparrós said he "hoped an agreement with councils would be reached before December", but this would only be to draw up the inspection plan, not to complete it.

Although the AUAN said the meeting with Sr Caparrós had been "constructive and cordial", the association highlighted the fact there was no detailed information "on the mechanics" of the plan.

The proposal will provide no comfort for expats who paid deposits on half-built properties, either. These, Sr Caparrós quickly pointed out, might face the bulldozers first as there was no likelihood they would be ever completed.

Paying for the infrastructure will also be down to the owners or, in certain cases, the developers, many of whom have gone bust in recent months as a result of the property crisis.

In addition, homes built near river beds or on protected land amount to five per cent of the 5,000 to 6,000 affected properties, if the Junta's estimates are correct. This means up to 300 properties could still be pulled down - a prospect which horrifies the AUAN, who said further demolitions without compensation "would do irreparable damage" to the local economy.

The Junta was also criticised for failing to introduce legal steps to simplify the purchase and sale of property and land. The AUAN is calling for the creation of an independent commission to review the underlying problems in planning and real estate "to prevent these problems arising again", a suggestion welcomed by the mayor of Albox, Jose Navarro, but which was not discussed at the meeting between the Junta and the councils

Costa Almeria News


Peaceful March in Cantoria
AUAN 18th September.

Around 300 people attended a good humoured and peacful march in Cantoria today.The organisers, residents in Cantoria and their supporters held the protest to highlight the situation of many properties in Cantoria, some of which, are subject to the threat of demolition; but also to protest against the real estate and planning irregularities in the area of the Almanzora Valley and elsewhere, and the grave situation many homeowners find themselves in since purchasing their properties in good faith.

The march navigated the streets of Cantoria (left), pausing at the town hall where a petition for the restoration of services was presented to the mayor.






The march concluded with presentations from Bruce Hobday (Cantoria Resident and one of the march organisers),Bruce Hobdays speech in English, Lenox Napier (AULAN), Helen Prior (whose house was demolished without compensation in January) and Bob Naya (AUAN),  AUAN Speech in English AUAN Speech in Spanish 

MORE PHOTOGRAPHS

PRESS REPORTS

La Voz de Almeria     El Mundo  


Smoke gets in your eyes
AUAN Press Release, 15th September 2008.

With respect to the recent announcement of the inclusion of the Almanzora Valley in the Plan General de Inspección de Andalucia, we believe that the Junta is concerned about the adverse publicity arising from the demolition of the house of Mr & Mrs Prior and the forthcoming Cantoria march, and wanted to make some sort of announcement to try to diffuse the situation, though what was announced is by no means 'regularisation'.

The expressed intentions are good, but we are advised that regularisation is still a long way off, and expressed intentions can always change.

What was announced?
We were told that our inclusion in the Inspection Plan allows the Department of Inspection of Territorial Planning and Housing to initiate a formal inventory of the number of illegal houses in the Almanzora Valley. The activity of inspection is normally that geared towards identifying illegalities and taking coercive measures to restore the planning situation. It is expected that the regulations for the plan which will be used to order this activity will be approved before December.

The Town halls are expected to publish their own municipal inspection plans.

The inventory will be executed by the Town halls, presumably after the municipal inspection plans have been publicised, with the support of the Junta and will consist of aerial maps of the affected areas, an individual photograph of each house and the collation of data about each house (proximity to urban nucleus, availability of services, etc).

Timeline
  - We were advised that the some Town Halls would approve their municipal  
     inspection plans in one to two weeks.
  - We were told that the Junta already has some materials (aerial photos) but
     detailed work on the ground with respect to each house would have to be
     undertaken - "as soon as possible".
  - No timeline was available for completion.

What is the Department of Inspection of Territorial Planning and Housing? Headed by Sr. Ortiz, the Department of Inspection of Territorial Planning and Housing is where the "buck stops" in matters of urban discipline. Sr. Ortiz informed us that 30 demolition orders (including the Priors) had been executed in Andalucia as a result of proceedings brought by the department for which he has ultimate responsibility.

An inspection is a study by the urban discipline departments which, by law, have the obligation to:
      a. Inform the criminal courts of planning irregularities.
      b. Take measures to restore the legality with fines etc.

What do we want?
A. Clarification of the regularisation process with timescales.
We have been told for some time now that houses will be regularised via the town plans or the Subregional Plans. The Sub Regional Plan is nowhere in sight and we have yet to be advised of the legal framework which will make it possible to incorporate 95% of the 5,000 - 6,000 homes within the town plans given the % caps in growth placed on those plans by the LOUA.

B. Interim provision of services to homes without license of first occupation.
Given that the issue of regularisation is complex, with no definitive end date in sight, we made special mention of the provision of services (electricity and water) to the illegal houses. Sr. Caparrós and Ortiz were adamant that it was against the law to provide services to houses without a license of first occupation. We suggested that in that case the law should be adapted to provide a humanitarian solution for this special case, though Sr Caparrós and Ortiz did not think this feasible.
C. A mechanism to prevent demolitions whilst the regularisation process is ongoing
Both Sr. Caparrós and Ortiz stated on numerous occasions that demolition was not an inevitable consequence of illegality. Sr. Caparrós stated that he was confident that 95% of the houses would be regularised. The exceptions would be those properties in ramblas where there was a risk to human life and properties on public rights of way. However, with respect to ongoing proceedings, no guarantees could be given. We believe that further demolitions without compensation will do irreparable damage to an already beleaguered regional economy.
D. Written agreements between Town halls and developers
The regularisation process should include at an early stage, written agreements with Town Halls and developers so that the developers pay for the infrastructure and give up land for services.
E. Written agreements between the Junta the Town halls and the AUAN
To define rights and responsibilities on all sides with respect to the regularisation process.
F. The creation of an Independent Commission
We would like to see the creation of an independent commission (of which the administration and association could be a part), to review the general problems in planning and real estate, and to make recommendations to prevent these problems arising again.

Spanish Translation


    A plan to review 5,000 illegal homes in Almeria
    Translated from ElPais, M.J.L.D. 12/09/2008.

    The Government of Andalusia has included the Almanzora region of Almeria in the Comprehensive Plan Inspection of Andalusia designed to combat illegal urbanism. Mayors of municipalities as Zurgena, Albox or Cantoria, yesterday attended a meeting at the Delegation of Housing and  Planning of Andalusia in Spain to find a way out of the more than 5,000 illegal dwellings located in undeveloped land in their municipalities. 

    The delegate of Housing and order, Luis Caparrós, said that most of these houses belong to British citizens. "This plan will have its regulations agreed before December and this allows us to reach a collaborative agreement with the municipalities who will in turn draw up a municipal plan of inspection." said the delegate.

    Caparrós announced that the inspection would draw up a file on each house to determine its situation. Some of them may be regulated in the Plan General de Ordenacion (PGOU) of each municipality but others  in suelo no urbanizable would remain 'fuera de ordenación'.

    After the meeting with the delegate and spokesmen for the association Abusos Urbanisticos No Almanzora (AUAN), Caparrós advanced that the work will be done in parallel with the drafting of the PGOU.

    Original Article in Spanish


    Good intentions but where is the detail?
    AUAN, 11th September 2008

    Members of the AUAN committee, accompanied by their legal and planning representatives, met with the delegate from the Housing Department of Almeria, Sr. Luis Caparros and the head of the department for Inspection of Territorial Planning and Housing from Seville, Sr. Jose Ortiz today to discuss a way forward for the illegal homes of the Almanzora Valley.

    During the two hour meeting, the Junta representatives re-iterated their determination to provide a solution to the complex situation of illegal houses within the law and with respect to the rights of the homeowner, regardless of their nationality.

    However, other than to confirm that each council has been requested to commence an inventory of the illegal houses in their municipality within the next 2 weeks (under rules relating to breaches of the planning law!), we are disappointed to report that no detailed information on the mechanics of a solution appears to be available at this time.

    Our Junta representatives could not tell us how long the study will take to complete, precisely what planning instrument will be used to regularise our homes, who would pay for infrastructure, or how long that regularisation process will take.

    On a positive note, the meeting was both constructive and cordial. Sr. Caparros has agreed to meet with us again in October. We look forward at that time to learn more facts about exactly HOW and WHEN Sr. Caparros will achieve his assertion that 95% of our homes will be regularised.

    Alas, for today, we looked into the hat but could not find the rabbit.

    Spanish Translation


    Luís Caparrós to meet with AUAN
    AUAN, 4th September 2008

    The AUAN sent a letter to Luís Caparrós asking for a meeting to discuss the future for the many illegal properties throughout the Almanzora Valley. We received the following email on 1 September, offering the AUAN a meeting:

    Estimado Sr. Preston,

    En relación a su petición de reunión con D. Luís Caparrós Mirón, Delegado Provincial de Vivienda y Ordenación del Territorio en Almería, le convocamos para el próximo día 11 de septiembre de 2008 a las 12.30 horas en esta Delegación Provincial sita en Calle Hermanos Machado, 4 - 6ª planta de Almería.

    Les rogamos que lo antes posible nos confirmen que pueden asistir a dicha reunión y nos proporcionen los nombres de las personas que van asistir, así como un número de teléfono de contacto.

    Un saludo.
     

    The AUAN confirm that they will meet with Sr. Caparrós on the 11th September and look forward to a constructive discussion.


    Technicians from Seville will meet with mayors to avoid demolition of more houses
    Caparrós to hold meeting with committee members of AUAN 
    Translated from El Mundo,Javier de la Horra, 28th August 2008

    ALMERIA - Technicians from the head office of Inspection of Territorial Planning and Housing from Seville will be coming to Almeria in September to meet with mayors from the Almanzora Valley to find a solution to halt the possible demolition of more houses in the comarca. Likewise, the delegate from the Housing Department of Almeria, Luis Caparrós, will hold a meeting in the next few weeks with committee members of Abusos Urbanísticos Almanzora No! (AUAN) "in order to analyse the situation of the houses and to try to find solutions," sources from the Junta de Andalucía said yesterday.

    The Housing Department maintains that most of the hundreds of illegal houses found throughout the Almanzora comarca could be regularised through the PGOUs which are being drawn up in each of the municipalities and could also be legalised through the subregional plan foreseen for the Levante (sic).

    However, the Junta will be unbending regarding any construction found in riverbeds or other waterways. "If any house is in such a place, it will be torn down," said the same sources. "The regional government must be prudent and responsible and that it is why it cannot legalise any building where, in the event of flooding, tragedy could be the outcome," said the same sources.

    With respect to the possibility of imminent demolitions in the municipality of Cantoria - the first and only demolition to date occurred in January by judicial order in La Loma in Vera - those in the regional government are ruling out such occurrences for the moment. "There is no definitive demolition order," the same sources said, referring to the four open files in Las Terreras, Cantoria, whose owners are fighting for restoration of legal status for their homes.

    AUAN maintains that the owners of one of these four houses, British couple Janet and Frank Doel, received a letter from the head of the regional Planning Inspection Office on June 2 which gave them "a period of two months during which they were to demolish their own home". "Those files are open, but there is no demolition order," said the source from the Junta de Andalucia. The meeting with the Almanzora mayors is considered to be "priority" for regional authorities when work resumes after the summer break.

    Demonstration against demolition orders
    Almeria - The AUAN has called for a march scheduled for September 18 in protest against the four demolition orders which have allegedly been issued by the Junta de Andalucia as well as criminal proceedings initiated by the No. 2 criminal investigation court in Huercal-Overa against 23 houses owned by British residents in Cantoria for being "contrary" to law.

    Legal sources associated with AUAN confirmed to Europa Press that the head office of Inspection of Territorial Planning and Housing ordered this June the demolition of four buildings located in Las Terraras, Arroyo Albanchez, within two months after which time the authorities reserved the right to carry out the order. The resolutions are awaiting a ruling to be made by the Provincial Court on the continuity of the criminal case which is ongoing at the same time. The Superior Court of Andalucia previously refused to grant an appeal made by the owners who argued that two separate proceedings involving imposing sanctions could not take place based on identical facts. The court stated that the two procedures - one to re-establish legality of the houses and the other punitive - were in fact separate.

    Original Article in Spanish


    Housing delegate will meet with the expats of Almanzora in September to deal with irregular houses
    Teleprensa, 25th August 2008

    The representative for Housing and Planning in Almeria, Luis Caparrós, wants to reassure the British and foreigners who have made Almanzora their residence and said that he will meet them in September, to discuss the houses that may be irregular in that area. 

    He responds in this way to a letter from Abusos Urbanisticos Almanzora No (AUAN), which expressed concern about the danger of demolition of four houses in Arroyo Albanchez, in the Almanzora Valley, within the boundaries of Cantoria.

    Janet and Frank Doel, owners of one of the houses "have been in and out of courts for a number of years, fighting to save their home. In June they received a letter, dated 2nd June 2008, from "El Director General De Inspección De Ordenación Del Territorio, Urbanismo Y Vivienda", which gave them just two months to demolish their home themselves or the Junta would do it for them! ", reads the letter from AUAN. At the same time it is claimed that "no offer of compensation has been made to them as yet, from any source".

    The Housing representative corrects the location's detail indicating that it is situated in Paraje Las Terreras and reports that it is true that there are four cases , given out by the said Director General, however he reminds the owners that there is still much to be resolved and that they can be appealed against. "This is still an open case and nothing will be demolished for the time being".

    That is the commitment to the meeting with AUAN and those affected in the region, to "find a satisfactory solution" to the situation of these houses outside the law.

    Original Article in Spanish


    Press Release from Cantoria March Organisers
    1st September, 2008

    PEACEFUL PROTEST MARCH IN CANTORIA. THURSDAY 18TH SEPTEMBER 2008 AT 12.00 MIDDAY. (MAXIMUM 3 HOURS). SOME 300 PEOPLE EXPECTED.

    PLEASE COME ALONG TO SUPPORT US

    Theme: We bought in good faith: save our homes. Stop planning and real estate abuse: regularisation now.

    The organisers, residents in Cantoria, but with the support of a substantial group of residents throughout the Almanzora Valley and the Levante Almeriense, and on their behalf also, are holding a peaceful protest to highlight the situation of many properties in Cantoria, some of which, are subject to the threat of demolition; but also to protest against the real estate and planning irregularities in the area of the Almanzora Valley and elsewhere, and the grave situation many homeowners find themselves in since purchasing their properties in good faith.
    The march will follow the route as per the
    attached directions and map, with speeches at the end. Those Cantorians not registered to vote are asked to do so at the end of the march.
    No offensive banners are welcome, some suggestions of permissible slogans below Soluciones ya – solutions now -Somos víctimas inocentes – we are innocent victims Justicia – justice Somos pensionistas – we are pensioners

    Thank you for the support of Cantoria residents, as well as members of the associations : AVEP, AULAN, AUAN, AUN, LSOS, Ciudadanos Europeos.

    Bruce Hobday, 0034 662 413 075 (English only Spoken) 
    George Morris and Keith Boulter

    Organisers of the March

    Spanish Release


    Cantoria Expats announce protest march
    Costa Almeria News,Richard Torne August 2008

    EXPATS in Cantoria are to stage a protest march on September 18 to highlight the plight of hundreds of residents who unknowingly bought illegal properties in the area..

    Read More.....


    AUAN raises formal objection to latest Cantoria plan
    AUAN,25th August 2008

    Following the discovery of an announcement on the 'Boletin Oficial de la Provencia' (BOP), that Cantoria town hall proposed to make a partial adaptation of the 'Normas Subsidiarias de Planeamiento de Cantoria' to the Andalucian Planning Laws (L.O.U.A.), members of the AUAN committee met with representatives of the Cantoria Resident's Association to discuss the startling discovery that the latest maps were very much changed from previous ones shown by the town hall.

    The main focus of concern was the addition onto the Cantoria plan of a large area of protected land, an even larger area of land that is designated as forest land, and a sweep of land following the course of the rambla where the building of homes is forbidden.

    As this new plan for Cantoria has been published just a short time before the August holiday period commenced (July 24th), with a closing date for objections of 24 August, the residents were concerned that they had little time to study this lengthy document, and raise their objections.

    Many homeowners were shocked to find that their homes were now in these new protected areas.

    In the light of this, the AUAN, has presented an 'allegation' (planning objection) to the Cantoria town hall. This allegation is a complex document but amongst the objections it cites: the presentation of the Norma during the holiday month when people are away and unable to view it; and that protected areas have been added without proper consultation. We shall keep our members informed how the situation develops.


    Commission will take Spain to court over 'land grab' laws
    Herald Tribune, Kevin Brass, 26th August 2008

    The case against so-called “land grab” laws in Spain took a significant step forward this week when the European commission formally moved to take the complaint to the European Court of Justice.

    More.....



    Vera: Priors' Appeal Accepted
    Focus Magazine, August 2008

    The British couple whose house was demolished in Vera earlier this year have had their appeal against the demolition order accepted by the Constitutional Tribunal. The appeal was lodged in 2006.

    The lawyer for the family, Victor Martinez, has stated that only 5% of appeals to this court are accepted and this could lead to legal action against the Junta de Andalucia and the Almeria judge, Jesus Rivera, who enforced the demolition order.


    Expat in Spain: Dreams that crumbled in the Sun
    The Telegraph, 5th August 2008, Neil Tweedie

    ....For Spain's notoriously corrupt and capricious planning regime, which gave birth to the developments now disfiguring virtually all the country's Mediterranean coastline, the chickens are coming home to roost....

    Telegraph Article in full


    Albox: Viewing the latest urban plan for Albox
    AUAN, 10th August

    AUAN members and some of their friends and neighbours visited La Aljambra Church on Friday 8th of August to view and discuss the latest plan for Albox. Committee members were on hand to explain our planners' commentary.

    An online version of the plan has been published by the town council and is available for review.

    The closure date for filing objections to the plan has been extended to the 16th of August.


    Cantoria: More Demolitions threatened
    AUAN, 4th August

    The AUAN has recently been notified of more expat homes in danger of demolition in the Almanzora Valley. Four houses are threatened with demolition in Arroyo Albanchez, a small village that falls within the boundaries of Cantoria.

    Frank and Janet Doel, the owners of one of the threatened houses, have been in and out of courts for a number of years, fighting to save their home. In June they received a letter, dated 02 Jun 2008, from 'El Director General De Inspección De Ordenación Del Territorio, Urbanismo Y Vivienda' which gave them just two months to demolish their home themselves, or the Junta would do it for them!

    Mr & Mrs Doel continue their legal fight as the 2 month window expires. No offer of compensation has been made to them as yet, from any source.


    Cantoria: Indictment of mayor requested in the illegal houses case
    The owners of homes in the El Fas area request criminal penalties against those who approved the construction of the houses and latterly those who sold them
    El Almeria, Ricardo Alba / Cantoria, cantoria | Actualizado 28.07.2008 - 11:32

    The associations Abusos Urbanisticos Almanzora NO and the Cantoria residents association have united to support the owners of houses built in the El Fas area.
    Both associations agree that most owners "entangled in the trap of illegal houses in the Almanzora Valley are victims of a complete failure on behalf of the administration to regulate planning in recent years".

    For their part, the owners of the affected houses in El Fas, whose promoters, Karim Smit Piñero and Julio Pedrosa, are charged as alleged perpetrators of planning abuses , have executed their right to pursue criminal actions and have asked for possible crimes of embezzlement, bribery and influence trafficking to be investigated. 

    They have requested charges against Llamas Pedro Garcia, mayor of Cantoria alleged to be aware of and consenting to the construction , in addition to signing permits to companies providing water (GALAS) and electricity (and Sevillana-Endesa SL). They also request that Daniel Poetsema, husband of the accused Karim Smit, who has acted in sales in the company also be subject to investigation. 

    Read full article in Spanish in el Almeria


    Cantoria: Owners of illegal houses appeal to the European Parliament
    El Almeria, Ricardo Alba / Cantoria, cantoria | Actualizado 30.07.2008 - 05:01

    Cantoria residents appeal to the European Parliament and have not ruled out peacful demonstrations.
    Read full article in Spanish in el Almeria


    Planning Amnesty proposed for 50,000 illegal homes in Andalucia's Malaga province
    Spanispropertyinsight.com, August 1st 2008

    After years of relentless growth in the number of illegally built homes in rural parts of Andalucia, a regional branch of the right-of-centre Popular Party, one of Spain’s two main political parties, has proposed a planning amnesty for an estimated 50,000 illegal properties in Andalucia’s Malaga province.

    Read Full article in Spanish Property Insight

     
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