NEWS

Anti Planning Abuse Meeting in Mojacar 
AULAN Press Release, Mojacar, 3rd May 2008

On the 3rd May last, a meeting was held at the Best Hotel in Marina de la Torre, Mojacar, Almeria at which almost 400 people attended.

The meeting was chaired by Lennox Napier of the political party Cuidadanos Europeos de Mojacar and was organised with their assistance to discuss the planning problems arising in the area.

The head of this political group and Councillor of Mojacar, Mr Angel Medina, spoke and stated that Spain should be kept as a favoured destination for foreign investments and was a good place in which to live, despite the problems which had arisen and which should be remedied.

With respect to the problems, Mr Medina mentioned a number of measures which should be taken, including: the establishment of a legal protocol (a set of regulated steps) for conveyancing; estate agents to be registered, supervised and insured; that the publicity and public consultation for plans be made obligatory and this be implemented as soon as possible; that the land registry should be relied upon to show the realestate and planning situation on a particular property; that the catastro should be tied in with the land registry as soon as possible; that a commission should be set up to consider the current planning problems and to make recommendations, of which the administration and associations should be a party; and that there be independent agencies to oversee the protection of the environment and human rights.

Mr & Mrs Prior were invited and spoke. Readers will recall the demolition of their house – before the very eyes of this unfortunate couple, which has had great repercussion with the media outside Spain. They explained that, at the moment, no compensation for them was in sight. Bob Preston, President of Abusos Urbanisticos Almanzora No, an association trying to fight against perceived planning abuse in the Almanzora Valley in Almeria where thousands of homes are under threat also spoke and complained that, despite various indications from the various administrations, few concrete steps had been taken to legalise the homes involved.

During the speeches Mr Svoboda, of Abusos Urbanisticos No in Valencia, who has been fighting against planning abuse for many years, and whose association has thousands of members, urged people to group together to fight for their common interests to prevent planning abuses. Mention was made of a new association which was being set up to cover the Levante Almeriense (the western coastal part of Almeria) which would be linked to Mr Svoboda´s association and would work together with other similar associations, and eventually form part of a national federation of like-minded Associations.

This new, fledgling association is to be called the AULAN (“Abusos Urbanísticos Levante Almeriense No”). Members to be of this association have indicated that the association is to be independent of political parties, though they are grateful for the support the political party Ciudadanos Europeos appears to be currently giving to the aims of the new association.

It has been stated that the purpose of the association can be summed up in one phrase: to strive for the protection of human rights within the ambit of the real-estate and planning fields, preventing abuses.

It has also been stated that the association will seek to inform its members of planning changes – a bit like an early warning system so that its members will know what changes are afoot and are not surprised with the bulldozer turning up on their doorstep. In addition, it is considered that by people grouping together they can press the administration for solutions to current and possible future problems.

Apart from this, concrete steps have already been discussed at political level and with other associations to seek to remedy the problems which have arisen and the members to be are pleased that these ideas appear to have some support.

It is thought that situations like that experienced by Mr & Mrs Prior must not be allowed to happen again, and full backing is expressed for Mr & Mrs Prior by the members to be of the association.

Concern is expressed that the plight of Mr & Mrs Prior has had a wide coverage outside Spain – one of the main reasons the British are reluctant to invest in Spain, due to the perceived lack of legal security - but that the Spanish media at a national level has failed to inform on what has transpired.

A meeting is to be held shortly to formally set up the association, elect members etc. In addition, at this meeting a talk will be given on the planning issues relating to this area. Both English and Spanish living in this part of Almeria are welcome to join. The time and place is to be advised.

Property Rights & Wrongs - AUAN Presidents Speech 
AUAN Press Release, Mojacar, 3rd May 2008

My name is Bob Preston and I am the president of a non Political organisation called Abusos Urbanisticos Almanzora No (the AUAN). Our organisation is made up of some 300 ordinary men and women from the Almanzora Valley who have come to realise that their life savings have been spent, in good faith, on a nightmare rather than a dream.
Pictured: Angel Medina (vice mayor Mojacar), Charles Svboda(AUN), Bob Preston (AUAN), Helen Prior.

We moved to Spain to enjoy a country with a friendly people and a warm climate. We spent our life savings in Spain attracted by the developers' promises of a dream home in the sun. We acted in good faith. We took the advice of our solicitors, our town halls, our architects and we trusted that our developers were regulated by the urban planning authorities.
We first got together, as neighbours and friends, in late 2006 to discuss our concerns about the failure of our respective builders to deliver legal paperwork and basic services. We discovered to our cost and our great distress that our homes are 'illegal' because they were built in breach of the urban planning regulations.
We formed the AUAN in January 2007 and organized a march of some 600 to 800 people in Albox to demonstrate our concern about what had happened in the Almanzora Valley. Since then we have organized, we have researched and we have campaigned to get to the truth of the matter. The truth that we have uncovered can only be described as scandalous.

- We now know that there are between 3,000 and 6,000 illegal homes in the 
  Almanzora Valley. Using the most conservative of estimates this represents 
  an inward foreign investment in the Almanzora Valley of at least 300 MILLION
  EUROS, and could even be as high as a BILLION EUROS. Let us be clear, this
  money was fraudulently obtained. We did not get the homes we had dreamed
  of. Instead we got, by sleight of hand, an illusion, with no legal paperwork and
  no entitlement to basic services such as electricity, water and sewerage.

- We have found that those we trusted to protect our interests have
   betrayed us with a conspiracy of silence in their pursuit of the almighty
  dinero. Did our developers tell us that they had problems with planning
  permissions? - NO they did not. Did our lawyers tell us that you cannot build a
  new house on rustic land? - NO they did not. Did our town hall stop
  construction because there was no planning permission? - NO they did not. Did
  our town hall stop construction because the Junta de Andalucia had filed an
  objection?- NO they did not. Did the Junta de Andalucia act quickly to enforce
  the planning legislation? - NO they did not.

- We have long ceased to believe that this is a one off scenario with a few
  gullible purchasers, one or two bad developers and the odd corrupt mayor. This
  is NOT the case. The existence of 3,000 to 6,000 illegal houses in the valley
  makes a mockery of this theory. All I can say is that there is a very large
  elephant in the room and it is time that all of us who live in Andalucia stopped
  ignoring it.

- Instead, we have found a systemic failure on behalf of our administrators
   to police urban planning. The land laws and planning regulations exist and
  existed. They were simply not enforced - thus giving free reign to those who
  have profited at our expense.

Ladies and gentlemen, the situation that we find ourselves in is not fair on any level. We live with the daily reality of denuncias against our homes. We have no roads, no street lights, no sewerage and in some cases no electricity and/or water. In some towns we cannot register on the padrón because we do not have a license of first occupation, thus we are disenfranchised and cannot vote. Some of us live with the very real threat of demolition. I can assure you that this is not living the dream. It is a third world scenario of administrative incompetence enacted in a first world democracy. To put it another way - it is a disgrace.

We are European citizens who have a right to live in Spain. We have brought inward investment and prosperity to the dying communities of the Almanzora valley and in return we have been treated very badly and suffered accusations of wrong doing. Do you honestly believe that thousands of law abiding ex-patriats (former police men, bank managers, nurses, soldiers etc) would transform themselves into law breakers on the flight into Almeria and knowingly spend their life savings on an illegal property?

And what ACTION has our administration taken to solve the problem? Well, the investigations and the court cases have commenced. The rule of law is being applied with vigour (about 5 years too late in our estimation). Look at Vera - The Junta challenged a council planning decision, the council lost; the Priors' home was demolished, with no compensation to date. Look at Albox, the Junta has challenged a council planning decision, the current mayor has publicly stated that 11 houses are under threat of demolition and one is in imminent danger of being demolished. Look at Zurgena - The Junta has challenged a council planning decision affecting 85 houses- the mayor and several council members have been arrested… the saga continues throughout Andalucia. Whilst we respect the judicial process, such actions give the homeowner little comfort. The end result that we have seen to date is that the guilty are named and the innocent have their homes demolished without compensation! We in the AUAN ask --- Is it really in the public interest to demolish millions of Euros worth of real estate and beggar the councils held to be at fault? Demolitions conducted in the manner seen to date will leave a legacy of bitterness and litigation. Demolitions will ruin the reputation of the Andalucian building industry and bankrupt the small communities of the Almanzora Valley as they pay for the mistakes of their administration.

And what PROMISES have our administration given us? Well, first they told us that our homes would be retrospectively 'regularised' in the next Urban Plans (the PGOUs). In 2003 all of our town councils were given 4 years to produce a PGOU for their municipality. 5 years have now passed and not a single council in the problem areas of the Almanzora Valley has produced an approved urban plan. However, it is clear from the PGOUs nearing completion that most of our houses are too far outside the urban nucleus to be legally incorporated into an Urban Plan. So…. now we are being told the Sub Regional Plan is the solution. We have looked at this and believe that there is some merit in this if we exercise our rights under the 2007 Ley de Suelo to participate in the planning process - to file objections to the proposed plan (if necessary) and to demand that our members homes are not overlooked and ignored.

However, at this moment we can find no evidence in the public domain that the sub regional plan for Alto Almanzora exists in anything but name. So far, we have found no evidence that the Junta de Andalucia, or the councils of the Almanzora Valley, have taken a single action to regularize our homes. Words are cheap and the only action we have seen from our administration is the demolition in Vera.

It is also pretty clear to us that the provision of infrastructure will be a key factor in a resolution. For example, the mayor of Albox has stated that his administration cannot afford to pay for the infrastructure required to regularize the 1,500 illegal homes in his municipality. He says that the builders must pay. We say to our councils…MAKE the builders pay. Name them, shame them and do not allow them to continue to operate in your municipality until they fulfil their obligations to provide the infrastructure. We say to our councils and to the Junta the Andalucia… your failure to adequately police urban planning is the root cause of this problem. You bear some of the fiscal responsibility towards providing a solution. It is no good to simply say that you have no funds. If you can find 5.5 million Euros to landscape the rambla in Albox, you can play your part to fund a resolution.

And finally what message do we wish to deliver to those who have brought us to this point. The message is a clear one…. Legalise us or compensate us…. This is our stated aim and we in the AUAN will not rest until it is achieved.

To those who have illegal homes we say….. Get organized... get informed … join a group… form your own group, but we beg you… DO NOT DO NOTHING, DO NOT JUST HOPE THAT IT WILL ALL WORK OUT FOR THE BEST.

Our best hope of a successful outcome is a united, strong, determined voice that will not be fobbed off with empty promises, and will not stand for our rights to be trampled on. We need strength in numbers. We need YOUR voice.

Spain is a strong modern democracy. The Spanish constitution states that its public offices have an obligation to promote the necessary standards to regulate land use and prevent speculation.

The Spanish constitution states that NO-ONE may be deprived of his or her property and rights except on justified grounds of public utility or social interest and with a proper compensation in accordance with the law. We should not be afraid to raise our voices and exercise our right to fair play. Apathy and ignorance of the facts is the greatest enemy of our cause. We beg you not to fall victim to either of these vices.

Thank you for your attention.

Zurgena - Latest 
As published in Levante Levante Lifestyle Magazine April 2008

Investigations into illegal properties led to the arrest of Zurgena Mayor, Cándido Trabalón.
After two days in prison, the court in Huércal-Overa charged Trabalón with bribery, corruption and crimes against the land planning law, although he was released without bail.
Also arrested and charged with the same offences was Zurgena’s Town Planning councillor Manuel Tijeras. Local businessmen Tomás Zurano and Antonio López Rueda were charged with bribery and crimes against the land planning law; Zurano was also charged with contempt of court for failing to attend Junta de Andalucía proceedings relating to the paralysis of a building works on a property promotion.
 Former municipal architect Carlos Babel was charged with town planning breach of duty. Current municipal architect Francisco Salvador was released without charges. The former and current town secretaries were also questioned, and the following week every member of the previous local administration was charged with land planning crimes, with the exception of former senator María del Mar Simonelli of the PP.
Meanwhile the Guardia Civil seized documentation from the Town Hall, as well as boxes of files and laptop computers from offices and private residences in Zurgena, Albox, Garrucha, Huércal-Overa and Almería city.
Speaking to press on his release, Trabalón described the accusations against him as “science fiction”, claiming the charges were part of a policy of “harassment” by the PSOE; Trabalón represents the Andaluz Party (PA).

Arrests follow year-long investigation
The Almería Environment Public Prosecutor launched an investigation into construction in Zurgena in 2006 after the Guardia Civil’s Nature Protection Service (Seprona) detected possible irregularities relating to the construction of around 1,000 properties on green belt land. “Operacion Costurero” is focused on the legality of licences conceded to four companies for the construction of homes on land classified as rustic in six promotions in La Alfoquía, Los Llanos del Peral, El Cucador, Los Melchores-Las Golondrinas and Los Carasoles.
A number of these promotions were paralysed after the Junta de Andalucía challenged in the Andalucía High Court of Justice the municipal licences ratified by the local authority, even though the Andaluz Public Works provincial delegation had already requested a revision.
In February 2007 the PA-dominated Town Hall approved, with the abstention of the opposition, the enlargement of the delimitation of urban land (DSU) in a number of areas of the municipality, on which the properties in question were built.

Association demands steps to avoid property demolitions
In the wake of the Zurgena detentions the association Abusos Urbanísticos Almanzora No (AUAN) called on the Junta de Andalucía to put into place “as soon as possible” a special plan to legalise and therefore avoid the demolition of the approximately 5,000 properties belonging to British residents which have been built on rustic land in the Levante and the Almanzora Valley. Association spokesman David Dunthorn told Europa Press the Andaluz Government had pledged on numerous occasions to legalise some of the homes bought by British residents “with their life’s savings”, and without realising they had been constructed on land which couldn’t be built on, but had so far failed to come up with a solution.  Mr Dunthorn insisted both the regional and national administrations “reflect” on the situation of the hundreds of British affected, adding the demolition of the Priors’ villa in Vera in January had set off alarm bells, not only in the UK, but elsewhere in northern Europe, making residents of those countries think twice before thinking about acquiring a property in southern Spain in favour of other residential tourism locations. Dunthorn said the possible “errors” made in authorising these properties should not be blamed on the occupants, who bought the properties, often without full knowledge of the pertinent land laws, insisting the administrations involved had the responsibility to find the solutions since they “should have prevented construction on rustic land.”

Junta says urban plans will resolve illegal property issue
The solution to the situation of illegal properties in the Levante and Almanzora Valley lies in the municipal Urban General Plans and the Andaluz Government’s sub-regional plans, according to the Junta de Andalucía’s Public Works and Transport provincial delegate Luis Caparrós. Caparrós said there would only be “serious problems” in legalising buildings constructed on land which was protected in some way or where it represented a “risk” because it stood on a river bed. He said the Junta’s approval would also depend on the proximity of a property to urban conurbations and the guarantee of public facilities and basic infrastructure, such as water and power supply and sewerage systems.

Levante Lifestyle

Homes Razed by Spain Stun Foreigners as Slump Deepens
Bloomberg.com, 2nd May 2008, by Sharon Smyth

April 30 (Bloomberg) -- Leo Levett-Smith and his wife, Jean, thought they did everything right when they bought their retirement home in Spain. They used a registered real estate agent, a Spanish notary and obtained their mortgage through one of then country's largest savings banks.
Then in January they received a demolition order saying the house had been built without a permit.
"We really believed we had taken all the necessary precautions,'' says Levett-Smith, a 65-year-old retired traffic policeman from Cheshire, England, as he sits on the porch of the russet-colored villa in Catral, 42 kilometers (26 miles) southwest of Alicante. "I mean, where else have you heard of this happening?''

Over the past decade, developers built about 100,000 illegal homes in Spain, and consumer advocates say thousands of those are now threatened with demolition as regional governments try to deter clandestine construction. The crusade may discourage the foreign buyers who fueled Spain's housing boom, deepening a slump that began last year.
"The problem is very serious,'' says Rafael Pampillon, an economics professor at the Instituto Empresa in Madrid. "When a country has a system or set of institutions that allow illegal houses to be built and corruption to exist then evidently foreign investment is going to flee.''

At least one house has already been bulldozed. In January, Len and Helen Prior lost their three-bedroom villa in Almeria. The 63-year-olds from Berkshire, England, paid 350,000 pounds ($694,155) for the house in 2003.

Local Decisions
Each of Spain's 8,111 town halls has the authority to make planning decisions and issue building permits with little oversight from the regional or national governments. As property prices soared, some local officials were drawn into schemes to profit from new home construction.
The former head of urban planning in Marbella has been charged with money laundering and accepting bribes to issue building permits. When Juan Antonio Roca was arrested in March 2006, police seized 2.4 billion euros ($3.8 billion) of assets, including two hotels, sports cars and 103 horses. Roca denies any wrongdoing.
"When everyone is making money, for example the real estate agent, the town hall and the administration, everyone turns a blind eye,'' says Bernardo del Rosal, former ombudsman for the Valencia region. "The system as a whole fails and the law is worthless when that happens.''

'Abysmal Light'
The local governments with the largest concentration of new housing, including Valencia, Alicante and Marbella, declined to say how many homes may be destroyed in their communities. Andres Lara, a spokesman for Spain's Housing Ministry, and officials at each of the 17 regional governments referred questions to the municipalities.
Government officials won't provide figures because it puts them in an "abysmal light,'' says Bernardo Hernandez Bataller, a Spanish lawyer and president of a European Union committee that advises on financial services and consumer protection.
"It's safe to say the demolition orders could run into thousands,'' Bataller says.

Home prices almost doubled in the eight years through 2006, as buyers took advantage of a booming economy, stable employment and low borrowing costs. About 2 million foreigners own property in the country, according to Ciudadanos Europeos, which works to protect the interests of Europeans in Spain.

Economic Ripples
Spanish residential property prices fell in real terms for the first in more than a decade during the first quarter, as interest rates rose and banks tightened lending because of the global credit shortage. The number of foreigners and non- residents buying homes in Spain fell 42 percent last year, according to the Housing Ministry.
The slowdown in Spain's housing market, which represents 9 percent of gross domestic product, is rippling through the economy. GDP will expand 1.8 percent in 2008, less than half last year's pace, and unemployment will rise for the first time in more than a decade, the International Monetary Fund says.
"The bad press and examples of corruption have done nothing to help raise the confidence of international investors,'' says Miguel Martin Rabadan, general director of PricewaterhouseCoopers LLP in Spain.
The Levett-Smith's story is a parable for how exuberance and greed drove corruption in the Spanish housing market. The couple moved to Spain seven years ago, initially settling in a village near Torrevieja on the Mediterranean coast. When the area became too crowded, they decided to move inland. Family Connections In 2005, the Levett-Smiths bought their three-bedroom house in Catral, paying 220,000 euros to Country Life Properties SL. The property is one of the 1,270 homes in the community that were built with insufficient permits issued during the 12 years that Jose Manuel Rodríguez Leal was the town's mayor. Some 160 homes in Catral have been served with demolition orders.
Among the companies that built the homes was Grufade SL, a developer registered in the name of Maria Angeles Rodriguez Leal, the former mayor's sister, according to a complaint filed by the European Association for the Protection of Urban Consumers. Grufade's sales rose to 1.7 million euros in 2006 from 3,900 euros two years earlier, according to filings at Alicante's mercantile register.
Rodriguez Leal resigned in January 2007, and his party was defeated in local elections the following May. A court in Alicante is investigating corruption charges against Rodriguez Leal. According to newspaper 20minutos.es there are 93 similar investigations in Spain.

`Sheds and Shelters'
Leal Rodriguez denies any wrongdoing. He says the blame lies with his brother-in-law, a builder by trade. "Permits to build sheds and shelters were authorized, but when I realized they were being used to build houses I tried to stop them,'' Leal Rodriguez says. "But they wouldn't, and I was powerless.''
Maria Angeles Rodriguez Leal and her husband declined to comment, according to a woman who answered the phone at Grufade's offices in Catral.
The Levett-Smiths tried to avoid the pitfalls of Spain's property market by hiring a Spanish notary to oversee their transaction, getting a 130,000-euro mortgage from Spanish savings bank Caja de Ahorros del Mediterraneo, and paying 300 euros for an independent survey. No one informed the couple that the building permits were illegal, the Levett-Smiths say.

Solving a `Mighty Problem'
Antonio Bellido, Catral's new urban planning counselor, is trying to stop the bulldozers. He has proposed charging owners of illegal homes 5 euros per square meter to have their houses legalized. That could raise 15 million euros for Catral based on Bellido's estimate that the illegal houses occupy 3 million square meters of land. "Right now, Catral is infamous for its illegal houses,'' Bellido says. If the regional government approves the plan, "Catral will become famous for being the town in Spain that found a solution to a mighty problem.''
If the Levett-Smiths lose their home they'll have to return to the U.K. and live with their daughter. "No one in their right mind would give us a mortgage at our age to start again,'' says Leo Levett-Smith.

To contact the reporter on this story: Sharon Smyth in Madrid at ssmyth2@bloomberg.net

Nationwide

Sold a place in Spain? Then you could be in for a £7,500 windfall
If you sold a house in Spain between March 2004 and December 2006 you may have been the victim of an inflated capital gains tax rate. More information is available in the following article from The Mail on Sunday.
The Mail on Sunday

Digest of articles from Ciudadanos Europeos Weekly Report 25.04.08

Promoters: Sales down 50-60% since September
The president of the association of promoters and builders in Spain, Guillermo Chicote, has admitted that sales of dwellings have fallen 50-60% since September last year.

Patrimonio Tax Abolished from next year
The government have decided to abolish the unpopular "Impuesto de Patrimonio" (the Spanish version of a Wealth Tax) from next year.
Most foreign residents, depending on their level of income and value of their property, did not have to pay "Patrimonio" but for the non-resident property owners there was no escape from the form 214 (the combined declaration form for Income and Wealth).
It is to be expected that some new Rules will come from the Hacienda regarding the Income Tax declaration for non-residents and there will be a new form to replace the 214.
Please check with your fiscal representative for more information.

The AUAN expresses concern about the lack of progress in resolving the illegal housing situation in the Almanzora Valley'
AUAN Press Release, The Almanzora Valley, 20th April 2008.
The association Abusos Urbanisticos Almanzora NO (AUAN) is concerned about the lack of progress in resolving the illegal housing situation in the Almanzora valley, now believed to number thousands of houses.
In 2003 all of our town councils were given 4 years to produce a PGOU (town plan) for their municipality under the new planning laws, the Ley de Ordenacion Urbanistica de Andalucia (LOUA).
5 years have now passed and to date not a single council has produced an approved urban plan.
According to official sources, the Advance PGOU for Albox is due for release for a period of public consultation in May 2008.
The same official sources have made it clear that this document will do nothing to resolve the situation of illegal houses in this municipality. Arboleas, Cantoria and Partaloa produced Advance Plans in Dec 2005, March 2006 and October 2006 respectively. We can find no public record indicating that these documents have been approved by the Junta de Andalucia. Indeed, we believe that Arboleas is currently working on an updated Advance Plan.
According to public record Zurgena produced an Advance PGOU in July 2006. Our official sources tell us that this document was summarily rejected by the Junta de Andalucia. The recent legal action against various parties associated with the planning process in this municipality is a very worrying situation for those affected.
Regrettably, there is even less progress to report on the sub regional plan for 'Alto Almanzora' (which covers the Almanzora Valley). According to the Junta's own public records, work on this document has barely commenced.
Luis Caparrós, the minister for Public Works for the Junta de Andalucia, has repeatedly stated that the issue of 'irregular' houses will be resolved within the PGOUs where possible and/or within the sub regional plans.
We would welcome any evidence that a single action has been taken by the Junta to 'regularise' our homes. Words are cheap and the only action we have seen by the authorities in Almeria to date is the 'Vera' demolition and the threat of others.
The AUAN will exercise its right under the 2007 Ley de Suelo to engage in the planning process. We now have 300 members but we need a louder voice.
We call on those affected to join our organisation. If we raise our voices together, our homes, our futures and the future prosperity of the Almanzora Valley will not sink in the mire of apathy and indifference… most tragically on the part of those directly affected.
Details of how to join us can also be found on the site, or by calling 617118209. Regards - The AUAN committee.

'Promoters and Constructors must fund the solution for the illegal houses'
El Mundo, 17 April 2008. Juan Carlos Serrano, Luis Criado, Mariano Lopez, Javier Martinez de la Horra and Pablo E. Requena.
ALMERIA - Albox has always been popular. As demonstrated by successive Pardido Popular local councils. However, in the last municipal elections which took place on 27 May 2007, the PSOE with Jose Garcia at its head ousted the PP with an absolute majority in this municipality. In these elections the socialists gained 11 seats, the populares 4 and the Partido de Almeria two.
Now Jose Garcia Navarro faces the challenge of modernizing a locality of more than 10,000 inhabitants, many of who are of other nationalities, where even today there are some neighborhoods that do not have basic sanitation or running water.
Q. You are relaxed. In spite of what has happened in Zurgena?
A. Well, I think that this is the result of what has been done over the previous years. There is no point in lamentations, we must correct the mistakes and face the future with optimism.
Q. Do you think that Albox is affected by this situation in the Almanzora Valley?
A. I believe that it affects all of us in the towns of the area and none of us benefit from it. Although if it is true that irregularities have been committed, everyone should face up to their responsibilities. All I can say is that we have always been scrupulous on this issue, and that the law exists to be complied with, and it is up to the public authorities to ensure compliance. Therefore, let us leave the judicial system to do its work. It is up to the judicial powers to make a ruling.
Q. How many illegal houses are there in Albox?
A. That's a good question. We are making a study to find out exactly how many there are in Albox. We are not doing this to make any type of judicial or administrative problems but rather to plan solutions: see where they are located, how many there are etc etc. Paraphrasing the previous ruling council, I believe that there are more than 1,500 illegal houses. Between 1,500 and 2,000. But we have not finalized this study, we are working with data from 2004. Therefore, apart from satellite data, we have to do field work, going from one house to another to see which are legal and which are not.
Q. Like Zurgena, they are difficult to identify?
A. I believe they have been perfectly identified. Obviously, you will always be sidetracked by houses that are not in the system, but the vast majority has been identified. The problem of Albox is not only the legality or illegality of houses, but we have another added problem ie. that all these houses lack the most basic services: sewage, piped water, street lighting, asphalt etc. These are the problems of the houses that are 'fuera de la Ordenacion' in Albox. It is unfair, and we have to seek legal ways to regularize these houses through the PGOU or the Sub Regional plan. But above all it will require major actions and investment to provide these services. And that is the big problem because Albox Council does not have the means or economic resources to deal with it. Other towns knew how to plan for this, regardless of whether or not the houses are within the law, via the 'planes parciales', and the first thing that they urbanized was urbanizations, forgive the repetition. Therefore, these basic services are covered. Albox does not have this and this is the fundamental problem. 
Q. Have you detected, as mayor, indications of any illegality in the granting of licenses similar to the situation in Zurgena?
A. I will be very circumspect on that subject, because it is not really a matter for me, but for the judiciary. We are being very respectful the work that the judiciary has asked us to do. There is a direct collaboration, both with the Direccion General de Disciplina Urbanistica de la Junta as with the courts in Huércal-Overa to provide all the documentation asked of us. Evidence? I don't know. I am not the right person to answer this question.
Q. Have you, as mayor, noted fear in the population as a result of the intervention in Zurgena?
A. I think that after the intervention in Zurgena, no one is indifferent to this situation. There is fear because nobody knows what is going to happen next. But there is also calm in the town of Albox because we do not know that the conditions which allegedly occurred in Zurgena have also happened in our municipality. In this respect, the residents, neighbors, promoters etc are very calm, as from day to day there is no documentation that makes us nervous.
Q. Calm but fearful….fearful of whom?
A. Really a fear that the construction sector, which in recent years has been the engine of the economy Albox and other towns of the area, continues to decline. If we add the recent scandals to the standstill in the sector, it results in nothing that is beneficial for the future economic development of the region. Therefore, there is this fear that there may be more proceedings, which will further damage this sector. Therefore, it is fear, fear of not knowing what is going to happen to this sector.
Q. Do you have a theory of how this situation of illegal homes came about?
A. The theory is that municipalities, in their day, and I am talking about 1992, failed to anticipate this massive boom of investors (mostly British). Therefore, they did not adapt their planning for this type of growth. That's my theory. For example, Arboleas accommodated that growth, adapted its normas subsidiarias to this future growth and created pockets of suelo urbanisable to accommodate the construction boom. Albox failed to anticipate this, as is the only town in Almanzora which has PGOU dating from 1983, with no suitable changes to create pockets of land to accommodate the hugh number of buildings. Now we are paying the consequences.
Q. Hasn't the passivity of the Junta aided this phenomenon?
A. Well, I think that it is true that the public administrations, both the Junta and the council, have been acquiescence to this anarchic development, but we must take into account that in Albox, the responsibility for urban planning rested with the town council because it is they who must comply with the law.
Q. How do you think the Zurgena case has affected the image of the area?
A. Nobody benefits from this type of news. The case of Zurgena has not affected the slowdown in construction business, since it was happening anyway. But it is true that the region is being tainted by this issue. The important thing is that the judicial investigation ends as soon as possible, identifying those responsible (if anybody). That will help the Almanzora valley.
Q. With respect to the houses built on rustic land, has a budget been worked out to provide sanitation?
A. No. What we are going to do is an assessment, we will analyse how many houses there are, where they are located, and so on. Once this is clear, there will be negotiations. But it would be unfair to use public money to pay for these services, since it is the responsibility of the developers and builders. Therefore, we will have to get in touch with developers, builders and tenants to, between them, pay the bill. I think it is unfair that we do with the taxes of all residents. I have talked to many promoters and they are being reasonable.
Q. Is the solution to tackle the promoters?
A. Absolutely, they are the ones who have been making a profit from this situation.
Q. The Junta has a plan for this?
A. No. Not at all. This is something from Albox. It is a plan of our own council. First we will find them, as many as possible. And tell them that they now have to do what they failed to do previously. Legality or illegality….we will have to address this within the sub regional plan for Almanzora because it is impossible to do so within the PGOU.
Q. But these houses have a license of first occupation?
A. No . They do not have building licenses. But there is a contradiction here because some of them paid the corresponding fee but do not have a building license.
Q. None of them have building licenses?
A. None of them. There are only 11 houses that have building licenses, with unfavorable reports from the Comision Provincial de Urbanismo, which resulted in 11 denuncias by the Junta de Andalucia against Albox Council. They are the only ones with building licenses.
Q. Does that excuse the Council by omission or commission?
A. Ignorance of the law is no excuse for non compliance. I believe that by omission or commission, the council is responsible.
Q. Is the building crisis felt especially here?
A. Yes. Everything is changing. Also, it is true that here we had a phantom boom, overnight everyone was a constructor. What happens now? Now we are left with the professional, the ones that are really constructors and promoters. The rest are disappearing.
Q. Does Tomas Zurano work in Albox. Has he promotions here?
A. No. He has nothing here. He is the President of the Acociacion para el Desarrollo Urbanistica del Almanzora. But this association was created in its day to support a perspective that no longer exists. It exists but does not operate.
Q. When 6 patrols of the Guardia Civil arrived in Albox on the day that the operation in Zurgena commenced… how did the town react?
A. There was not a lot of reaction in Albox. I learned about it at mid-day because a resident told me that he was watching the judicial police take documents from two locations in the municipality. But I did not know anything about it. The truth is that it was strange to see them with balaclavas and suchlike, a spectacle which, in my opinion, was unnecessary. But there was no notable reaction.
Q. Focusing on Albox. How is the plan to change the image of the rambla?
A. The plan is already finalized. In general, the plan is to create a canal in the center of the ramble which divides the town in the neighborhood of La Loma. We will plant native species on both sides, we will reinstate the river and so on. The work will mark a turning point for Albox. The total cost is 5.5 million euros.
Q. How many nationalities are there in Albox?
A. The latest information tells us that there are 24 distinct nationalities. Between 10% and 15% of the immigrant population arrived in the boom years of migration. But it has fallen substantially. The British remain, but the Pakistani, Romanians, Lithuanians, ... are reducing.
Q. You are a council of 11 PSOE, 4 PP and 2 PAL. How are the relations between the different parties?
A. Relations are very cordial. I have been in politics for 15 years and I have always stated that in reality one does always agree with all of the councilors. Yes it is true that important decisions fall to the majority team. It is also true that there is a vote for all the council members. I as mayor try to ensure this and as a result I do not have any problems with any council members. Because, what it is all about after the elections is to work together for the benefit of the municipality.
Q. Those accused in Zurgena have excused their crimes by arguing that irregularities exist in other municipalities of the area governed by the PSOE. Are you afraid that you will be accused?
A. Albox has nothing to hide. We are complying with all requests for documentation. At the same time there are proceedings open against promoters and constructors from here, including against the Council.

The mayor of Zurgena declares that there is no evidence against him.
Trabalon announces legal action against the Guardia Civil
El Pais, M. J. L. D. - Almería - 19/04/2008.
In a lenghty statement to the press, the mayor and council of Zurgena defended themselves against charges which they stated were 'inconsistent' and  'unsubstantiated'. Trabalon accused the Junta of 'not wanting to find a solution' and blamed the PSOE in Almeria for having subjected Zurgena to a 'persecution'.
The mayor went on to accuse the Junta of 'never' wanting to find a solution to the situation they created when they revoked 'all' of the licences in June 2006. 'We no longer know what to do...we have had many meetings with the delegate from the Office of Public Works. We thought that he wanted to help us...For a year and a half we have issued no licenses because of the court proceedings' said Trabalon. He further stated that in September 2007, the council gave the power of drafting the PGOU to the Junta.
The lawyer who represents the City Council Zurgena, Antonio Segura, announced legal action against the Civil Guard on the grounds that their actions "could gravely infringe" the Law on State Security.
Complete Article in Spanish

Futher commentary on this press conference can be found on Jim Simpsons blog. Jim is a member of Zurgena council representing the PA Party.
Jim Simpsons Blog

Operation 'Sewing Box' links 85 homes in Zurgena to unusual movements in the accounts of the detained council members 
ALMERÍA, 10 Apr. (EUROPE PRESS)

Operation 'Sewing Box' against corruption in Zurgena (Almeria), which led to the arrest of the mayor, Candido Trabalón and his councillor of Urbanism, Manuel Tijeras (PA), focuses on investigating whether there was corruption and bribery in the councils approval for the construction of 85 houses, among the thousands under suspicion built since 2004.

In particular, it establishes links between this approval and unusual movements of money into private accounts, rental of safe deposit boxes or use of company vehicles owned by one of the accused promoters - charges confirmed by Trabalón and Tijeras after their release when they disclosed that part of the investigation focused on banking income of 12,000 euros and the loan of a luxury private car by a promoter.

Judicial sources indicated to Europa Press that the latest six proceedings instituted by the Fiscalía de Medio Ambiente also charged representatives of PP and PSOE that, during the term of the previous council (2003-2007), they had voted for this promotion and others for up to one thousand houses, all built on rustic land and challenged by the Junta de Andalucia in 2004.

With the sole exception of PP councilor and former Senator Maria del Mar Simonelli, eight councilors have now been accused of malfeasance while the remainder of up to twenty people identified by the indictment - on which the Judge lifted the secrecy order last Tuesday - are developers and architects, who were given licenses in "different circumstances".

Among the former elected representatives Jose Antonio Ramos (PSOE), Josefa Sanchez (PSOE) and Jose Juan Sanchez (DB) made statements as accused persons before the judge Pilar Alfonso Rodriguez last Friday for their involvement in the council plenum that approved the aforementioned 85 homes for which they were arrested alongside Trabalón and Tijeras, builders Antonio Lopez and Thomas Zurano - in turn, president of the Círculo de Empresas Andaluzas de la Construcción, Consultoría y Obra Pública (Ceacop)- and technicians Francisco Salvador and Carlos Berbel.

The same sources revealed that action taken suggest that the PA lead council illegally adopted an instrument of urban planning called Delimitation of Urban Land (DSU), within which is the housing denounced to SEPRONA and contested by the Junta de Andalusia.

According to a certification issued by the former secretary of the Zurgena town council, Teresa Lidueña and attached to the minutes of the plenary session of January 17, 2007, the DSU was validated with only four PA votes in favor while the law requires an absolute majority of the corporation, in this case, six council members.

Lidueña, whom some of the interrogated blamed in testimony before Civil Guard and judge for not warning about possible irregularities in the performance of the mayor and the councilor for urbanization, was the seventh person detained in 'Operation Sewing Box', after which she was released on the charge of alleged corruption.

Similar indictments exists in the charges against architects Francisco Salvador and Carlos Berbel, who are accused of producing technical reports that endorsed the legality of the licenses in question and in which they guaranteed the basic infrastructure services, ultimately found to be missing on 6 plots scattered in the municipality of Zurgena.

The DSU, to which Europa Press has access, was approved in full with the abstention of the opposition members, created 358 hectares of urban land in Zurgena, and made more than 122 acres on the outskirts of Carasoles-Cucador urbanisable and another 111.50 hectares in Alfoquía where, according to a report from SEPRONA, nearly 350 homes have been built on Rustic Land.

The other districts where irregularities were detected - with up to another 600 homes - have also seen the amount of urban land increased. In Los Llanos del Peral 390,000 square meters of land have acquired this rating while in Los Menchones the area is 142,800 square meters

Europa Press Article

Crash Landing for Spanish building industry
Spanish Property Insight predicts difficult times ahead for the Spanish property market describing it not so much as a hard landing but a crash landing. It cites exchange rates, failing confidence, falling property prices, failing developers, corruption and the Valencian land grab saga as contributing factors.

Spanish Property Insight

    Urbanisation without control leaves more that 4,000 illegal houses in Almanzora 
Most of the affected property owners are British citizens.
Translated from El Pais News Report by JUANA VIÚDEZ / M. J. LÓPEZ - Almería - 06/04/2008

Not beer, not sun. The first Spanish words that many British have had to learn after buying a house in the previously obscure region of Almanzora (Almeria) have been administrative conflict, Plan General de Ordenacion and first license of occupation.
In recent years, building fever has progressed in leaps and bounds with an estimate of illegal houses that fluctuates between 4,000 and 6,000. The developments began to sprout when the promoters realized that the British community recognized the characteristics of an idyllic retirement in this area: good weather, tranquility and a cost of living lower than in the United Kingdom. "A house here, with a large garden, sun and a town just 5 minutes away by car with services is the dream of every British pensioner," stated Maura ,a retired banking executive who moved to Albox (11,000 registered inhabitants) one year ago.
The Memoria of Fiscalía de Medio Ambiente warned in 2007 of the high rate of urban crime under investigation in the region, especially in the municipalities of Zurgena ( whose mayor was arrested this week in an operation against urban corruption) Albox, Oria, Cantoria and Arboleas.
The investigations were known about, but in February the demolition of a house in Vera, owned by British people, set off alarm bells.
The British community united in a call for help to the European Union. Most feel cheated by the lack of control in recent years. "Nobody did their job properly," concluded David, spokesman for the association 'Abusos Urbanisticos Almanzora NO' which brings together 300 affected British people. "I promised my wife that if we didn't like it here we would move in a couple of years, but we are trapped. We have put our life savings into these houses and nobody warned us," added David.
One could write a novella about the stories of these homeowners, all in Albox. In three years, Judy, a retired British Telecom operator has spent 300,000 euros on a house for which she cannot obtain an escritura. It has no running water, no light. She spends 90 euros a week on an electricity generator and had to pay 6,000 euros to a neighbor in a boundary dispute. Judy angrily explains why she is now responsible for all expenses. The builder, now disappeared, got her to sign a contract in which she appeared as the promoter.
The case is repeated, with variations, in 12 other homes, also the responsibility of the same promoter.
Thomas, a mechanical engineer, owner of the villa Los Dos Torres paid 1,000 euros for the installation of water and his share of the 100,000 euro cost for the installation of electricity pylons near his home. "Sevillana disconnected our electricity because the houses do not have their first license of occupation," he explains.
"We need people to know that the English community does not have unlimited resources and we need solutions soon" stresses David.
In recent years, the economy of the inland towns has risen. Shops, supermarkets and countless realtors have opened. Many young people have found work in construction, while farmers and exchanged poorly paid and difficult work on the land for cheques which guarantee comfort for life.
Prior to 2007, Albox had 13 demolition orders. In neighbouring Arboleas, also bordering Zurgena, Ecologists in Action have denounced illegal development activities in 7 districts.
El Pais Article in Spanish

EU reviews latest petitions from Spanish homeowners
AUAN, 6thApril 2008

Expatriates whose Spanish homes have been revealed to be illegal, who have had their homes demolished or who have seen their land seized under the so-called 'land grab' laws in the Valencia region, have been telling their stories over the past two days to a committee of MEP's in Brussels. It is fair to say that the results have been mixed. The EU petitions committee have made it clear they can only act when EU legislation exists and a member state is in breach of that legislation.

For example, in response to a petition from a couple in Zurgena who highlighted the issue of serious financial loss following the decision of the government of Andalucia to challenge allegedly illegal building licenses granted by the local authorities, the committee responded: '..There is no EU legislation regulating the legal requirements relating to the granting of licences to build or the respective remedies against national authorities in case of misuse of public powers. According to the principle of subsidiarity and under the Treaty, this is a matter for which the Member States have exclusive competence. The petitioners should be advised to seek redress through the competent judicial authorities in Spain'.

Our colleagues in the Valentian region , the AUN, have achieved a greater degree of success by challenging the legality of the Valancian Land Laws. On their latest submission which challenged various aspects of the LUV, the EU commission advised that ' Accordingly, on 27 June 2007, the Commission decided to bring the matter of Valencian urban development legislation before the Court of Justice. The Commission will keep Parliament informed of any further action in this court case.'

As reported by typicallyspanish.com Michael Cashman MEP stated that 'Though the Commission may not have a direct role in the internal land laws in Spain, the fact of the matter is that people's fundamental rights are being trampled over'. He called for a moratorium on any more decisions under the law and a halt to any further demolitions of peoples homes.

Mr. Cashman's concerns have been echoed by the British Euro MP's Neil Parish and Robert Atkins, with the latter saying it was simply unacceptable for people to lose their homes, lose their money, and lose their savings.

Austrian Socialist Euro MP, Herbert Bösch, is calling for all European aid to be blocked to the Valencia region until they resolve the 'town planning abuse', and he has also launched a message advising people not to make any sort of investment in the region.

Spanish Euro MP for the Partido Popular, José Manuel García Margallo, has commented that he feels sorry for those affected, but 'the European Union has no responsibility for town planning and these are questions which have to be resolved in Spain'.

Click here for full list of petitions (start with number 45)

PSOE Mayor of La Axarquía charged with irregularities
Translated from El Pais news report, 6th April 2008

According to sources in the public ministry, last month the Fiscalía de Medio Ambiente sent 6 denuncias to the prosecutor of the malagan district de Vélez-Málaga against the mayor of Canillas de Aceituno (Málaga), José Manuel Aranda (PSOE) for the granting of allegedly illegal building licenses.

Complete article in Spanish

Comment from Junta de Andalucia on Zurgena arrests 
Translated from Canal Si News Report, 3rd April 2008

Luis Caparros, Minister for Public Works, Junta de Andalucia made the following comments whilst speaking to reporters from Canal Si.....

'We need to respect the judges decision - I know all of the 102 mayors in this region very well. This is not a very nice situation for anybody. I hope and wish that all the problems of Zurgena will end as soon as possible. I do not doubt that they will be resolved'.
'We are talking right now with the mayor and the town hall. We have had many meetings. The Council is working on their PGOU and has given it their initial approval. This is the framework that we need to work within to resolve the issue of irregular houses in a legal manner.'
'There are some contentious issues. The Junta is reviewing the files - as are the judges'.
Watch the Interview in Spanish

Five Arrested in Zurgena in raid on urban corruption 
El Mundo, Thursday 03/04/2008 10:40 (CET) Mariano Lopez | JAVIER M. DE LAHORRA

ALMERÍA .- The mayor of Zurgena (Almeria), Candido Trabalón, has been arrested by the Civil Guard in an operation coordinated with the Fiscal de Medio Ambiente de Almería who has been investigating crimes of corruption, bribery and breach of planning laws.

Accompanied by judicial officials from the capital, agents of the Grupo de Delitos Urbanísticos del Instituto Armado spent the day seizing a dozen records from Zurgena council, from promoters and construction and architectural studios located in the towns of Albox, Huércal-Overa and Zurgena.

The councilor for Urban Development, Manuel Tijeral, also of the Partido Andalucista, has also been arrested -as was the municipal architect Carlos Berbel, the technical architect and a builder of the district of Almanzora.

The so-called 'Operation Costurero' started early in the morning. At 08.00 hours several Guardia Civil vehicles accompanied by judicial officials left the Almeria capital in the direction of Zurgena, where the first records were seized and the Partido Andalucista mayor was arrested.

The stunning intervention by the Grupo de Delitos continued in various promoters offices in the neighboring municipalities of Albox and Huércal-Overa, whose magistrate of court No. 2 directed the search at the request of the Fiscalía de Medio Ambiente.

During the different raids agents seized dozens of boxes full of records, projects, planning permissions and Urban agreements signed by the Municipality of Zurgena, a municipality that has hundreds of illegal housing-with municipal licenses - built on rustic land. In addition to all this documentation, the Civil Guard also took computer equipment and several files from a promoter in neighboring Huércal-Overa.

The case revolves around the legality of the permits issued to four companies for construction on land designated as rustic in the districts of La Alfoquía, Los Llanos del Peral, Cucador, Los Melchores-Las Golondrinas and Los Carasoles.

Full article in Spanish in El Mundo

More arrests and charges in Andalucia 

Aljarque 2nd April 2008: The former mayor of Aljaraque (Huelva), Juan Manuel Orta, and the former councilor for Urban Development, Casto Pino, mebers of the PP party, were arrested yesterday by the Civil Guard at the request of the Prosecutor of Huelva and charged with an alleged tax offence and another  charge of money laundering, according to sources from the Ministry of Public Prosecutions.

The mayor was denounced on charges of personal enrichment during his 12 years in office through illegal acts in the granting of planning permissions. The mayor is counter-suing the promoter who denounced him.
See full article in Spanish in IDEAL

La Línea 2nd April 2008: The Judge of the 'Primera Instancia e Instrucción 1' of La Línea de la Concepción (Cadiz), Maria del Carmen Longo, charged the mayor, Juan Carlos Juarez (PP), and four of his councilors with the crimes of corruption, bribery, influence peddling and altering of prices during a public tender. The case stemmed from the alleged irregularities in the awarding of four parcels of municipal land to the company Roseworld.

See full article in Spanish in El Pais

Another House demolished in Andalucia 
El Pais, 2nd April 2008 by Manual  Planelles
The city of Cordoba has demolished the first illegal villa in the mountains. The police evicted the Spanish owners 7 years after the denuncia. The house was constructed without any building permits on land in Cerro San Cristobal on the Sierra Morena. This is the first clandestine chalet demolished in Cordoba, a city with a large municipality riddled with such houses. The action is seen as a symbolic warning to those who believe that they can build houses with impunity without licenses.

See full article in Spanish in El Pais

HOUSE ON THE HILL 
By Richard Torné, Costa Almeria News,March 6-13 2008

A MANSION belonging to a socialist councilor and a Junta employee built close to where the Priors had their home demolished last January has raised concerns among expats as to the regional government’s impartiality when it comes to deciding which properties are pulled down.

Alfonso Rodriguez, who works for the Junta as harbour master in Garrucha, and his wife, Carmen Muñoz, a councillor and former mayoral candidate for the Socialist party (PSOE) in the same town, demolished an old cortijo to build a 420-square metre, two-storey mansion on Loma de Vera in early 2007.

The house, which was completed shortly before Christmas, is located just metres away from two properties belonging to expats which the Junta wants to pull down.
According to the law on the restoration of a ruin, any new structure has to be built over the ‘footprint’ of the original building.

Yet the mansion, which bears little resemblance to a traditional Andalucian home, was built more than 15 metres away from where the original cortijo stood. It is also far bigger in size, totalling 420 square metres.

Although by law a larger construction can be built over the site of an original ruin it is still required to comply with strict guidelines. According to Sr Rodriguez, the original cortijo was 135 square metres in size. He said the law allowed him to build a property whose ground floor dimensions could be 25 per cent greater than the original dimensions – in this case 175 square metres.

But John Bull, who is a neighbour and whose property is earmarked for demolition, said the original cortijo was far smaller. His views are supported by cadastral records, which show that the structure measured less than 80 square metres in size.

The huge house has become such a talking point among local expats that they have christened it ‘the travel lodge’, due to its imposing presence on the top of a hill.

The revelation will do little to reassure Loma de Vera’s expat community - or indeed the thousands of Brits living in Almería who have a demolition order hanging over them - that the Junta is acting even-handedly on the matter.

Mr Bull, who stressed he was not seeking to have any house pulled down, said: “It’s ridiculous that their property is the only one without a ‘denuncia’ by the Junta.”

His wife, Christine, was more forthright: “The Junta is clearly showing favouritism.”

Expat Angela Willis, who lives opposite the house belonging to Sr Rodriguez and Sra Muñoz, received the unwelcome news two weeks ago that the Junta had presented an unfavourable report about her property – the same procedure which set the wheels in motion for the demolition of the Priors’ home more than four years ago. An aggrieved Mrs Willis said: “It’s not sour grapes, and personally I get on well with the owners of the house, but I am angry that the mayor (Félix López) was still signing permits in October 2003 despite knowing that there were discrepancies with the Junta.”

A combative Mrs Willis said she still wanted to stay. “If they accepted our taxes I’m entitled to be here,” she remarked.

Although the demolition of the Priors’ home in January sent shockwaves through the British media, it has gone largely unreported in the Spanish national press. Reflecting that widespread indifference, the regional government has so far not felt the need to make a statement clarifying its position over demolitions, or whether it still intends to pull down thousands of properties in Almería.

But the revelation will prove to be embarrassing for the Junta on the eve of regional and national elections on Sunday, particularly as councillor Muñoz is a long-standing PSOE politician in Garrucha. Vera’s councillor for urban planning, Paco Vázquez, expressed surprise at this newspaper’s findings. He said: “The project they presented was for a restoration and they should have built over the existing area.”

rtorne@canews.es
                                   

Open Letter from the AUAN 
Press Release, The Almanzora Valley, March 3rd 2008

The outrageous demolition of the expats home at Vera should surely have concentrated the minds of everyone in the area to the dangerous situation in which many of us live at the moment. Anyone who thinks, because they have a 'certificate of first occupation', that they are safe, should read again that those unfortunate residents at Vera also held that very same document. What makes a home safe in these troubling times? Only, it seems, if your house is on the PGOU! Is your house on the PGOU? No, we don't mean the vague 'soon to be produced PGOU' with your house promised to be on it! We mean 'is it on a Junta approved urbanised area within the PGOU?' Nothing else appears to be safe.

The AUAN is preparing to lobby the new government that will be formed after the forthcoming elections. We will continue to apply pressure on the Spanish Government through whatever peaceful means is available to us, including the media. The problems we are experiencing are being experienced all over Spain, and we are talking to similar associations that are also campaigning for a resolution to them. Together our voice will be louder.

According to the Economists, there is trouble ahead in the World economy. Do the Spanish government really think that the rumbling of JCBs knocking down houses, bought in good faith, will improve the future economy of Spain? The demolition of one house has sent a huge ripple of concern through the International community and aroused intense interest from the international media. There are reputedly 1600-2000 illegal properties in the Almanzora Valley. The authorities seem to have happily condoned, or turned a blind eye to, the building of homes worth 100s of millions of €s. Does the government plan to demolish them all in the expectation that there will be no cost to the community as a whole? We in the AUAN believe that the administrations concerned have the moral and legal obligation to seek a solution to this issue if they wish to see continued foreign investment in this beautiful region of Spain. We ask that they act quickly to deliver on their promises through the PGOUs and the Sub Regional Plans.

Finally, the AUAN has no reason to believe that demolitions happen because the Junta is persecuting foreigners. Spanish homes were demolished, near Cordoba, in December 2007. This is a problem for everybody, brought about by the negligent actions of administrations and some developers. The AUAN will continue to press for an equitable solution to the problem.

Thank you for reading this letter. More details and information can be found on this website. Membership details can be obtained by email from membership@almanzora-au.org , or by calling 0034 617118209.

Regards - The AUAN committee.

The Subregional Plan for Almanzora should come from the region 
Translated from La Voz de Almeria Newspaper Supplement, March 5th, 2008

Luis Aurelio Perez Tapia, president of the Association of Entrepreneurs and Professionals of Albox, Valle de Almanzora (AEPA) made a plea to our administration which was reported in the Voz de Almeria.
We still hope that the leadership takes any measure that allows the reactivation of British tourism that has revived towns in the region and not leave us bleeding to death, with nice words and promises that have yet to be fulfilled.
Perhaps the Sub Regional plans are not the solution to the problem, but they can be like a door that opens to hope for this part of the Valle del Almanzora.

At this moment of uncertainty, we need an active and agile administration, that launches initiatives to fill us with hope, that does not discard each proposal, destroying the dreams of a town. I take this opportunity to make a request, to say to the Administration of Andalucia that the sub regional plan of Valle del Almanzora should be from the bottom up, or from the region, if we wish to change and not make a suit that does not fit and then has to be altered.

Zurgena - Los Llanos de Perle
AUAN, February 28th 2008

The AUAN has confirmed that residents of Los Llanos de Perle in Zurgena have received letters from thier council advising them that the Junta has referred the cases of the legality of their homes to the courts. Zurgena council has stated that it is 100% confident that the Juntas' cases will not be successful and further claims that the action is politically motivated.

Jim Simpson (Zurgena councillor) is keeping his constituents informed on his
blog.
 

Albox - 11 illegal properties threatened with demolition
As reported by Richard Torné, Costa Almería News,February 2008

There are currently 11 illegal properties in Albox belonging to expats which are threatened with demolition, and although 10 of these are temporarily safe due to court appeals, the mayor of the town, José Navarro, said he was “very concerned” about one home in particular, adding that it could be demolished at any time because “virtually all appeals have been exhausted”.

Speaking to Costa Almería News, Sr Navarro also revealed that all the properties in question were given the necessary permits by the previous council administration, adding that the circumstances were very similar to those which resulted in the demolition of the Priors’ home a month ago.
 

Vera - Compensation for the Priors? 
AUAN, March 2, 2008

The home of Mr and Mrs Prior was demolished on the 9th of January 2008 by the Junta de Andalucia acting on a court order. 

The Junta has claimed in the press that Vera council is to blame for this situation and should compensate the Priors. Vera council has claimed in the press that the Juntas' actions were politically motivated and legal cases were outstanding when the demolition took place. Neither party claims that the Priors were at fault.
 
Meanwhile, the Priors are living in a caravan on the site of their former home with no compensation to date. We in the AUAN ask...Is this morally right? 
 

Nationwide
AUN, Weekly Report 29.02.2008

High charges on owners of illegal houses in Catral
Owners of illegal houses in the Municipality of Catral have been asked to pay up to 5 Euros per square meter per building as a contribution to the new urban plan which may legalize their homes. Additional charges can also be expected when the infrastructure is provided. The Regional Government has so far started proceedings against 148 owners and is demanding the demoliton of 34 houses.

Gata town hall finish urbanization
The Municipality of Gata (Alicante) has decided to complete the lacking infrastructure in the 'Gata Residencial' development. They will use the guarantees paid by the bankrupt promoter to provide the 740 bungalows with drainage, street lighting and pavements.

Arrested for selling farm land as building plots
The Guardia Civil have arrested a man who bought 3 pieces of farm land in Benicarlo (Castellon) which he subdivided into 39 plots of 400 meters, advertised them as building plots and sold, mainly to Germans, making a profit of 400,000 Euro.

The Costa Dream that Turned Sour
As reported by Paul Hamilos, The Guardian, February 6th 2008

The Guardian 
 

Expatriates protest demolition plans
The Daily Telegraph, January 27th 2008

Daily Telegraph 
 

Expats protest retirement home demolition in Vera 
Typically Spanish website, January 28th 2008

Typically Spanish 
 

Demonstration Held in Vera, Spain over illegal builds
Over 1000 protesters attend Vera Demonstration
Article first published: Sunday27th January 2008, 15.30 CET
Last updated: Monday28th January 2008, 08.19 CET
Author: Royters De La Rambla

A cold grey morning didn't stop over 1000 people turning out to Vera's Plaza Mayor to support the Prior family who, amid much publicity, had their villa in La Loma, Vera, demolished in early January. Around 70% of the attendees were Spanish, of all ages, braving the chill with the English supporters, to wait an hour for the demonstration to start - it had been delayed as protesters had to wait for mass in the church to finish.

The meeting was opened by Lenox Napier (Ciudadanos Europeos), who gave an outline of what would be covered by the two guest Speakers, Angel Medina the vice mayor of Mojacar and Paco Vasquez a Vera town planning councillor. He also said that Helen Prior would briefly make a speech at the end of the presentation, to thank all those attending for their support. He asked for all of present to give a round of applause at that point for the Priors, to show our support for them, and a warm round of applause followed.

Lenox kept both the Spanish and English contingent happy and up to date by speaking a few sentences in Spanish and then translating into English. This was appreciated by everyone as there was no long wait to hear what was being said.

Angel Medina spoke quite briefly, but to the point, quoting the old Roman Law, existing here for two thousand years, which states that everyone has a right to a home. He added that no house should be demolished due to a political wrangle.

The second speaker, Mr Vasquez, began by explaining that Spanish law prevented the mayor of Vera from attending the rally. He then went on to say that it was a disgrace that the Junta had chosen to demolish a house that was fully legal, with all paperwork available for inspection in the Town Hall if anyone wanted to look at it. He said that Almeria was 85% protected land, and that it has been thoughtfully developed, with no skyscrapers etc, and he couldn't understand why they were making an example of Almeria with the demolition in Vera. Importantly, he said that the Junta de Andalucia were now backtracking and have said that there will be no more demolitions in Andalusia until the PGOU's (General Plans for Urban Development) have been submitted by the Town Councils. Vasquez stated that the Junta had said that the Priors home was demolished because they thought that it was the beginning of a village or urbanisation in the rural area. He also stated that the Junta was trying to remove the power from the Town Councils, who should have the ultimate decision regarding planning for their area.

All the speeches were warmly received by the 1000 plus crowd, and the impression overall was one of genuine sympathy for the Priors and the ongoing situation.

The event was covered by both the Spanish and British media, including Spain's TVE, GMTV from the UK and various daily papers from the UK.

Lastly, Helen Prior came to the stand and thanked everyone sincerely for their support. She spoke of how she wanted to thank one lady from the Junta especially, who made such determined efforts to make sure that their home was demolished, making two pensioners homeless, and hoped the said lady could sleep at night. She also invited Mr Zapatero (the president of Spain) to meet with her and look her in the eye and say that demolishing their home was justified. She thanked everyone once again, and at that point broke down in tears.

The rally dispersed slowly, many stopping to chat and hug Helen Prior and her husband.

Original Article from AlboxInfo.com 

Holiday homes under threat
Angry Brits took to the streets in Spain yesterday in protest ovet their dream homes being threatened with demolition.
GMTV Website, 27th January 2008

Earlier this month, the home of pensioners Len and Helen Prior on the south coast of Spain was demolished in front of them due to the regional Andalusian government claiming 10 houses in the area had been built illegally.  At least four of the homes under threat in the village of Vera belong to Britons.

An estimated 100,000 homes have been built on protected land during a 10-year housing boom along Spain's 1,000-mile Mediterranean coastline.

Thousands of Britons bought homes in Spain only to discover they had been illegally granted planning permission by town halls.
Now a senior prosecutor has demanded that all those built illegally must be demolished.

Protest

Organised  for locals, by locals, reports say that between 800 and 1000 participated in the Vera protest of the demolition of Len and Helen Prior's home on January 9th.  Several local Spanish organiations pulled together to put pressure on the regional government to stop the demolitions. 

The next victims?

One Briton, whose home has been deemed illegal, fears his £450,000 home will be next. John Bull, 66, a retired engineer, and his wife Christine, 64, bought a three-bedroom villa 600 yards from the Priors' house six years ago.

He said: "Watching poor Len and Helen's house being demolished has brought home the realisation that we could be next."  The couple moved to Vera after selling their home in Worthing, West Sussex, in search of a dream life in the sunshine. "We love the house and everything was perfect for the first three years. Then we had a phone call saying it had been deemed illegal and was going to be knocked down. We challenged that decision in the courts but lost. If they knock it down we will have nowhere to go."

Antonio Vercher, the chief state prosecutor in charge of protecting Spain's environment, ordered prosecutors throughout the country to be relentless in pursuing demolition orders. Thousands of expats were duped into buying homes that should never have been built.

Most bought in good faith using reliable solicitors and established developers and estate agents. Bribes, corruption and backhanders between developers and town planners have been commonplace. But Mr Vercher has said he is in favour of demolishing houses and leaving homeowners to seek compensation from builders in the civil courts.

The story so far...

• In October, 2006, Spain launched a specialist police force to investigate corruption in urban planning
• Some 30,000 homes have been built illegally in Marbella, on the Costa del Sol, where a £2billion corruption scandal has resulted in the arrests of the mayor, head of planning and 50 other officials
• In Catral, near Alicante, on the Costa Blanca, 1,270 homes owned by Britons and worth an average of £200,000 have been threatened with demolition

Original Article on GMTV Website 

Spanish 'persecuting' expatriates over homes
"Hundreds of Britons fear that they could lose their homes on the Costas in what they claim is an "out-and-out persecution" of the expatriate community.
From Fiona Govan in Vera, Telegraph, 19th January 2008

Residents' groups are planning demonstrations outside their town halls over the coming weeks to demand that the homes they bought in good faith are declared safe against an offensive by Spanish authorities to demolish property built illegally.

Among those affected are John and Christine Bull, who sold their family home in Goring-on-Sea, in West Sussex, four years ago to start their retirement on the Costa Almeria in southern Spain.

But they believe their home, a modest three-bedroom bungalow in landscaped gardens three miles inland from the Mediterranean, is next in line for the wrecker's ball.

"I doubt very much that we will be here next year," said Mr Bull, 66, as he surveyed the property that has cost them £200,000 just outside the town of Vera.

Last week they watched as a demolition crew tore down the home of their neighbours, Len and Helen Prior, after the regional government of Andalusia revoked the building licence issued by the town hall.

"When they did that the authorities were sending a message and we got it loud and clear," said Mr Bull, who says his house is next on the demolition list.

"We are consulting lawyers and have spoken to the mayor but there seems to be nothing we can do to stop the order. They think that because we are foreigners our rights can be ignored. But we intend to make a lot of noise about it."

Next weekend the Bulls will be among thousands expected to demonstrate outside the local town hall calling for justice.

"Just like the Priors we did everything possible to get permission to built our home and we were assured that our house was legal," said Mrs Bull. "We weren't duped into anything and there is no suggestion of corruption. But it seems we are caught in a battle between the local council and the regional government."

But the problems are not confined to Vera and the issue has sent shockwaves across the expatriate community of Spain, where as many as a million Britons are thought to own property. Along the coast from Vera is Mojacar, which has an expatriate population of 50 per cent.

"It is out-and-out persecution of the expat community," said Lenox Napier, 55, a 40-year resident of Mojacar and the secretary of the Ciudadanos Europeos Party, which will lead the demonstrations next week.

"No one wants to say that without foreign investment in this area the Spanish would still be growing tomatoes and riding around on donkeys but it is true. They think expats like the Priors are an easy target but they haven't thought of the message they are sending out.

"There is already a slump in real estate in the region and thousands of newly built homes are standing empty and this latest news has served as a nail in the coffin. Who will want to buy in Spain now?" But a spokesman from the Spanish Embassy in London urged the Priors' case to be taken in context.

"There has been one case of a British expat to have their home knocked down. It's an isolated case out of tens of thousands of British people who continue to enjoy living in Spain and should be taken as such," said the spokesman.

Original Article by Telegraph 

Cordoba Villas Demolished - As reported in The Olive Press
January 17th, 2008

The Olive Press 
 

Vera Villa Demolition - As reported in Costa Almeria News
Friday 18-24th January, 2008

Costa Almeria News 
 

Condor Denounces 'trickery'
EuroWeekly News 10-16th January

The ecologist group Condor have accused the City Hall of Almeria of using "tricks to build where they want"  Condor publicly denounced the City Hall, saying that councillors are mocking the residents of the region, purely for the reason of filling the municipal chests and the pockets of politicians with money.  Condor said that this may well prove to be good for the City Hall, but that the residents suffer through "disorderly excessive growth without basic services".

AUAN condemns demolition of Britons' home
Statement from the AUAN, Sunday, January 13-2008

So,it has finally happened! As the AUAN, set up to fight for the legalisation of all the illegal houses in the Almanzora Valley, reaches the first anniversary of its foundation, a British couple’s home has been demolished in Vera! What a disastrous start to 2008 for Mr and Mrs Prior, and a matter of grave concern to the rest of us who find ourselves at risk from a similar fate.

The AUAN has been warning of the danger. Many people have just refused to acknowledge it and, because they have an escritura for their house, or even just their land, consider they are fully legal.The AUAN has yet to finish the investigation into the background of this disturbing incident, but the Spanish press carry the story that the Mayor of Vera has indicated that Mr and Mrs Prior’s house was ‘fully legal’. This gives us little comfort.

Mr Louis Caparrós, the Director of Public Works and Transport with the Junta of Andalucia, is reported as saying that the rule of law has been restored in Andalucia by the demolition of the Prior’s villa. Where was the rule of law on planning matters years ago, when the authorities either turned a blind eye to, or actively encouraged, the property developers? Where was the rule of law, when the Abogados failed to warn the purchasers of the dangers of buying these ‘illegal’ properties?So the Junta makes an example of the homeowner? It is not an indication of strong Government, to victimise the weak!

What a body blow to the Andalucian reputation this incident has been. The demolition has been widely reported in the British, and other foreign press, with the reaction ‘Shame on Spain‘. Will the Spanish be surprised when the tourists and retirees stop coming to Spain?

This entire situation is damaging to the economic prosperity of the region and impacts all of us who live here.

We forget at our peril that the Supreme Court Public Prosecutor, Antonio Vercher, said in November 2006 that 100,000 illegal properties would have to be demolished in Spain. 5 Spanish owned properties were demolished near Cordoba just before Christmas. The Spanish press links the demolition of the Prior’s home with the other 5 properties nearby, and 11 houses near Albox. Somebody’s pain is about to get worse!

The AUAN will continue to increase its pressure on the EU and British Governments to, in turn, apply pressure on the Spanish Government. We shall again petition the King of Spain, and we shall demand from local Mayors a clear indication of how dangerous the threat is.

.....and what can YOU do? Support the AUAN. If you are concerned, join us! You will be very welcome. The more members we have, the louder our voice to demand fair play for the homeowner!

Our Demolished Dreams
Thousands of expat homes under threat 
From Tom Worden in Madrid, Daily Express, Saturday, January 12-2008

More British expats told of their heartbreak yesterday as they waited for their dream homes in Spain to be knocked down.
They revealed their plight just days after Helen and Len Prior saw their property flattened as part of a government clampdown.
Yesterday a spokesman for the Andalusian government in the Almeria region threatened: “Ten more houses in that area were illegally built and will be demolished”.
At the same time, a senior prosecutor vowed that every home deemed to be illegal would be relentlessly destroyed.
Retired engineer John Bull, 66, and his wife Christine, 64 bought their three-bedroom villa 600 yards from the Priors’ house six years ago.
Now they fear that their home in the sunshine worth £450,000 is doomed to destruction.
Mr Bull said: “We are now very worried that our house will be knocked down. Watching poor Len and Helen’s house being demolished has brought home the realisation that we could be next.”
The couple moved to the village of Vera after selling their home in Worthing,West Sussex.
Mr Bull said: “We love the house and everything was perfect for the first three years. Then we had a phone call saying it had been deemed illegal and was going to be knocked down.
“We challenged that decision in the courts but lost. We sold up to move out here, so if they knock it down we will have nowhere to go.”
The Priors looked on in despair on Wednesday as their home in Vera was bulldozed.
Spanish authorities claimed the three-bedroom £350,000 house had been built illegally on green belt land even though the Priors were given the go-ahead by local officials.
The ordeal was too much for Mr. Prior, 63, who suffers from a heart condition. He collapsed and had to be rushed to hospital.
An estimated 100,000 homes have been built on protected land during a 10 year housing boom along Spain’s 1,000-mile Mediterranean coastline.
Thousands of Britons have bought homes only to discover they had been wrongly granted planning permission.
Tension grew yesterday after worried home owners were dealt a fresh blow when a senior prosecutor demanded that all illegally built houses must be demolished.
Antonio Vercher, the chief state prosecutor in charge of protecting Spain’s environment, insisted that properties built on protected land should be bulldozed.
He ordered prosecutors throughout the country to be relentless in pursuing demolition orders.
Thousands of expats were duped into buying homes which should never have been built. The majority bought in good faith using reliable lawyers and established developers and estate agents.
But bribes, corruption and backhanders between developers and local town planners have been commonplace.
Mr Vercher, however, has said he is in favour of demolishing houses and leaving devastated owners to seek compensation from builders in the civil courts.

Villa demolition: Comment from Luis Caparrós, Minister of Public Works, Junta de Andalucia
"The rule of law has been restored" by the demolition of the house in Vera according to the Minister of Public Works
Translated from an original article in TELEPRENSA 10th Jan 2008

"The Ministry of Public Works and Government Andalusian respect and abide by the judge's decision,  a final judgement, which has restored the rule of law, the rule of law works," says Luis Caparrós ,Minister of public works.  According to him, the house was built on land that the Junta understands was not urbanisable in 2000, when the house was built.

Caparrós stated that "the City Council has had enough time, we appealed against the license and asked them to review it - they did not want to do this and continued, and we all know what has now happened - it is not a pleasant situation, but importantly, the rule of law has be maintained and legality restored. "

The Government of Andalusia has begun to implement a court order that requires the demolition of illegal houses built by 17 retired British people, mostly in rural areas outside of urban plans. The first to fall under the onslaught of a digger was a villa built on a plot of 10,000 square metres in the area of Loma de Vera. Five other buildings of similar characteristics will be demolised in Vera and eleven more in the municipality of Albox.

This is not the only open judicial proceedings for cases of illegal dwellings.  In different areas of the province it is estimated that there are thousands, concentrated especially in the Valle del Almanzora. Most of them are big farms divided into units of 1,000 to 3,000 meters whose sole building permit is usually a warehouse for agricultural tools and small buildings of that sort.

The same situation has occurred in other areas of special protection in Sierra Nevada Almeria, where allegedly illegal housing has been discovered, promoted by councillors of the Municipality of Almeria -still in office.

Original Article by TELEPRESNA 

Vera Villa Demolition - As reported in British Press


The Times 

The Telegraph 

The Daily Mail 

The Junta undertakes the demolition of a house declared illegal in Vera
The mayor of the municipality, Felix Lopez, is outraged and is sure that with this action "we have become the scapegoat for the province of Almeria"
Translated from an original article in IDEAL.ES by Javier Navarro 10th Jan 2008

The demolition took place yesterday at 15.00 in Vera of a house deemed illegal by the Junta de Andalusia, according to a judgement of  Court Number 2 of the Contencioso Administrativo de Almería, April 2004.

The mayor of the municipality, Felix Lopez Caparrós, yesterday expressed outrage at the demolition of this house located in La Loma and commented that "we have become the scapegoat for the province of Almeria".

According to the mayor, the demolition was done "with the presence of the Regional Police and the Local Vera Police, to avoid any problems." For four years, two English retirees "around seventy years" lived in this house, which was given the go-ahead by Vera council. 

"In 2002, the project license for this rural house was granted, as it complies with the provisions of the Rules of the City of Vera: plot minimum of 10,000 meters; setback boundaries of ten metres, and 50 metres minimum distance to another house, " he stated.

However, he continued "the Provincial Commission of Almeria, an agency under the Ministry of Public Works, gave an adverse report in 2003 -a report that is not binding and therefore we proceeded. The ruling of the judge alluded to a possible risk of creating a core population -we disagreed and continue to disagree with this, since the City Council does not provide municipal services in this area, because there is no town. "

Moreover, according to the Mayor of Vera, this demolition is an injustice because "there is a claim in the Constitutional Court and another filed in the High Court of Andalusia, and they have not waited for the result." As for communicating the demolition of the house, the family were informed on December 19, while the City Council was not advised until the day before yesterday at 1430 , according to the Vera Council Leader : "I called the Delegation of Public Works yesterday (Tuesday) and they told me that the demolition had been reported on 28 December, but we have no evidence of this at City Hall. "

"The Minister of Public works will be the only one satisfied because , in the province of Almeria, there are more than 1,600 illegal houses on rustic land, public rights of way, roads and parks", stressed Felix Lopez Caparrós. "You deal with the stubbornness of the Comission of Public Works. They think that like this they are going to legalize all the urban development of the province ", he concluded.

Original Article on Ideal.es 

DEMOLITION OF AN ILLEGAL HOUSE IN THE LOMA DE VERA
One of 8 houses with a demolition order. Thousands of constructions in the region are in the same situation
Translated from an original article in DIARIO ALMERIA by J.S. Vera 10th Jan 2008

The demolition began yesterday of one of the houses in Llanos de la Rosa de Vera which had a demolition order , having been judged to be an illegal house constructed on non urbanisable land (suelo no urbanizable) with a license from the Council that was appealed by the Junta.

Thus, a married man of English origin who lived in this house for 4 years found himself on the street, and yesterday morning the man suffered, according to a neighbour , a heart attack from the impact of the event.

This house is one of many that is in an illegal situation in the region of Levante and Almanzora. In fact, this summer a date and time existed to knock down another house in La Loma de Vera, very close to the one destroyed yesterday, but in the end, this was avoided. In total there are at least 6 houses in Vera with a demolition order.

There are illegal houses in all the towns in the region: Cuevas del Almanzora, Carboneras, Albox, Zurgena, Arboleas amongst many others. Many of them denounced by Seprona, the Junta, Ecologists in Action, among others, and some of them as is the case of eleven properties in Albox have a demolition order.

It is estimated that there may be 8,000 illegal homes scattered throughout the region of Almanzora many of which will be regulated under the PGOU of individual municipalities and some mayors have already expressed the hope that they can regularize many more through the sub regional plans. However, there will be others cannot be legalize. One question is who is going to pay for basic services so that these houses can be regularized and who pays for the demolition of those that need to be pulled down.

Original Article on Vera Forum 

As reported on Alboxinfo.com

 

First Demolition of Illegal houses in Cordoba
Bulldozers demolish five houses with pools erected outside the law in an Obejo urbanization
Translated from original article by EFE, El Pais,Andalucia, 19 December 2007

The bulldozers have begun their work. Today began the demolition of five illegal houses with pool erected outside the law in the Pedrique urbanization, in the Cordoban municipality of Obejo (1,500 inhabitants). To date, there had been no demolitions in the province of Cordoba. This one was decreed by a judge in 2004 and has been upheld through various appeals.

The demolition has taken place after the Provincial Court of Cordoba confirm the judgment of Criminal Court number one which condemned the promoter of the five houses to one year and eight months in prison and demolition of the buildings. Only one of the five houses is the residence of the owner, whilst the other four are second homes.

To avoid incidents, the bulldozers worked guarded by some thirty agents of the National Police Corps, the Guardia Civil and the local Obejo police. One of the owners suffered an attack of anxiety, and was attended by the emergency services.

Legal Action against the promoter

The lawyer for the five owners, Rafael Aranda, has informed journalists that they intend to sue the developer who sold them the plots for fraud. In addition, they claim damages arising from the sale of these plots, which the lawyer estimated at between 60,000 and 90,000 euros.

The lawyer had referred to habeas corpus that the owners have submitted to the Constitutional Court. Aranda said that the damage "already is irreparable because the houses were demolished before the court to rule."

El Pais Article

The Junta looks into legalising the houses of Albox and 'shielding' the land so that it doesn't happen again
"Will legalise if electricity, roads and water are gauranteed"
Translated from original article by ÁFRICA MATEO ALMERÍA, IDEAL, 25 November 2007

The Office of Public works of the Junta is not comfortable with the situation of illegal houses in Albox. In addition, the visit of the delegation of EU parliamentarians hearing denuncias from those affected, worsened, if possible, the situation. For that reason it has been working for months to find a good solution for those 500 families who have properties built on rustic land.

In principle, the planners from the Office of Public Works in Almeria thought that the situation of the houses could be regularized through the General Plan - PGOU -. But there are many houses and, worse, they are very far from the urban nucleus.

For this reason the residents (in the majority English) affected by the situation will have to hope that the Sub Regional Plan of Levante is approved. This regulation, governing the planning of the entire region, is superior to the General Plan (PGOU).

According to Luis Caparros, delegate of the Office of Public Works, these regional plans suggest that the PGOU is the one that resolves the situation of houses that are unplanned.

According to details, it suggests that a 'corona' is drawn around all the houses that are completed and lived in. Anything outside this 'corona' is declared protected land (on which nothing can be built). From then on if anybody builds outside of the 'corona' they would have to answer to the penal courts.

The objective is to give a way out to existing constructions but not to allow any more. Yes, of course, to legalise the houses in Albox (not the only municipality in the region that has houses outside the urban nucleus in a rural zone), those that have constructed the houses or own them will have to pay for the services that many houses do not currently have - like light and water.

Original Text : Ideal Article

English newspapers warn their compatriots not to buy houses in Almeria
The Times and the BBC network publish reports about 4000 British people "swindled" in the Almanzora
Translated from original article by Q.Chirino Y.M.V.Cobo Albox, IDEAL, 25 November 2007

It is night and the car seems like a doll in the middle of the countryside. There isn't a bit of light and the roads don't exist, only tracks created by the passage of vehicles.

"More slowly, more slowly" pleads our guide David (who does not speak or understand Spanish) as we bounce up the road to his house.

The setting is the outskirts of Albox, a town of about 11,000 inhabitants. As far as the eye can see in the moonlight are hundreds of illegal houses crowded between hills and fallow fields. In Albox alone there must be 500 and in all of the valley of Almanzora there must be thousands. Some estimates speak of 4,000 and others 6,000, echoing the last Memoria of the Fiscalía de Medio Ambiente (Public Prosecutor) of the Superior Court of Justice of Andalucia.

500 English families live in Albox. Maybe because it is the middle of the night and one cannot measure the true scale but, the panorama is discouraging. It is inexplicable that this situation has come about without anybody doing anything to avoid it. David recounts that many houses have neither light nor water.

A group of compatriots have formed the association 'Abusos Urbanistica Almanzora No' which consists of 400 residents. Except for one German the rest are all English. "We need more, we are not enough" explains Bob Preston, their spokesman.

They feel like victems of a swindle. Some knew the Costa Almeria. Others only wanted a sunny location for their retirement. So they began to search outward from the border with France for a suitable location at a reasonable price. They arrived at the Almerian coast but the houses were too expensive. Several property developers, that they do not want to name, led them inland."We were excited. Here the weather is very good and we could live in the middle of nature" explains David. What happend next was very quick. They gave a 5% deposit and in less than one year the houses were complete. "They built the tiled roof before completing the walls so that we paid the total more quickly. Without escritura or anything". For them "A rustic house is a house in the countryside, not a place that cannot be urbanised".

David explains that in some cases they only bought land and the same company built the villas for them. Many of these companies disappeared after being paid. But still English newspapers have advertisements for idylic houses in this corner of Almeria.

The pain in Spain

Life in Almeria has become a trial. "We don't know if they are going to knock down the houses tomorrow" they exclaim. Leading British media have picked up on the case and have published extensive news articles."Pensioners pain in Spain" headlines The Times. The BBC network has also transmitted a documentary about its compatriots in Albox.

In the reporting 'fraud' is spoken of and Britains are warned to be careful before coming to the Peninsula and in particular to Almeria. "The blight affects at least 4,000 properties in the Almanzora valley in AlmerÍa, southeast Spain", reports The Times in its edition of 2 November. "I sold up to enjoy a quiet retirement here but the Spanish have stuffed me and thousands like me. We could lose our life savings and our homes, because most of us don't legally own anything," said Bob Preston in the article.

Mediation of the EU

The labyrinth of illegal houses in the valley of the Almanzora is problematic for the administration. For the property owners and the town councils the easiest solution would be to legalise everything. But, it is no so simple. Someone has to assume the high cost of urbanising what was until recently a potatoe field : sewage, roads, services...

Already there are at least 11 sentences via contentious administrative routes ordering the demoliton of illegal constructions. None have been executed. Even the Town councils themselves are trying to avoid demolishing the houses.

The problem has even forced the EU to intervene. A comission, lead by the Pole Martin Pole Marin Libick and the deputy British Labour Party member Michael Cashman, visited Albox last March. The EU confirmed that the situation is a disaster but exonerated the owners. The Times has christened the Spanish adventure a pain. This is what we call getting good press.

Original Text: Ideal Article Page 1  Ideal Article Page 2