Is your Property Legal?

A Quick guide to the facts and fiction about property purchase in the Almanzora Valley.

  THE FACTS

• If your house was built outside of the municipal nucleus in the last 5 years, it was probably built on rural land (not designated for building) , and is almost certainly illegal.

• Owning rural land is quite acceptable and legal, and a land escritura is common. It is when a house is placed on that land the problems start. It is the HOUSE which is illegal, not the land.

• If you do not have an escritura for your house, it is illegal.

• If you do not have a ‘Final Habitation Certificate’ it is illegal.

• Mains supply of water or electric does NOT indicate legality.

• Mains sewerage is a better indication of legality, but it must be MAINS, and not a large (community sized) pozo.

• Roads, street lighting and pavements do NOT indicate legality.

• Some houses, in or too near ramblas, public rights of way, or green belt areas, will NEVER be legal, and indeed a few MAY need to be demolished.

• If your house is on rural land, it is illegal, period. Even if you are 'Regularised' via the 4 year rule, YOU ARE STILL 'ILLEGAL'.

• It should take no more than 3 months to obtain an escritura for a legal house.

So... you STILL think you are legal?

Now why is that? Has your lawyer told you so? Have you asked him again recently (they have actually become more truthful in the last year ).

Do you have a house escritura? our association knows of many who have.... it just has no relationship to the area or house which they occupy.

Have you studied the PGOU ? Do you understand the meaning of  Suelo Urbanizable No Sectorizado?

How did it get this bad?

The Town Halls were caught between a rock and a hard place. Encouraged by the developers, there was an influx of people and money, and they did not have enough urbanised land (allocated for homes) available for development. Should they turn them away? From towns that were dying on their feet, the children leaving in droves? no work, no prospects. Sounds sensationalist..... ask someone who lived here 10 years ago. Expats bought in good faith from developers, with solicitors and politicians promising all was, or would be, well. ‘Blind eye’ & ‘turning’ are the terms to consider.

The famous phrase 'This is Spain, it takes a bit longer. Why are you British in such a hurry' would be fine, however, people are dying before seeing their house legalised!

The problem was generated by the Town Halls, the developers, and the solicitors. It is THEY who must sort out the problem. The Expat community should not be made financially accountable for the ineptitude and corruption of others.

SO….WHAT CAN WE DO?

Ideally we want legality, but how to get it? The individual municipalities, and The Junta Andalucia decide our fate. What we have to do, is influence them.

It’s fairly obvious that, unless you are mega-rich (if so, why are you HERE?), they are not going to listen. However. If your voice is just one of many……perhaps one of thousands?

The Expat community has brought great wealth to the area. Equally it can take it away, or discourage others from coming here. Whilst not a ‘Make or Break’ situation, together the community CAN have immense power.

WHAT DO THE AUAN WANT?

1. The legalisation of our homes, as soon as possible.

2. The stopping of denuncias being issued against people who have done nothing wrong. This is a moral problem as much as a legal one.

3. The construction, by the developers, of the infrastructure that has been promised (in contracts or verbally) and paid for.

4.  Consideration and respect for the benefits we have brought to the area. To be treated fairly and equally.