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AUAN
The
AUAN is a non profit, non political organisation campaigning to
bring about the legalisation of homes in the Almanzora Valley
currently considered to be "illegal".
According to figures published by the Junta de Andalucia there are 11,000 ‘irregular’ houses in this area. Many of these homes were purchased in good faith by European Citizens (the majority British) in the period from 2000-2006 when the valley witnessed an uncontrolled construction boom. Today many are without mains water and electricity. Many more have dubious electricity connections and lack a final habitation certificate.
The area is blighted as a consequence of the arrangements made between the then serving Town Hall officials and builders, to construct with building licences granted by the Town Hall but without authority from the regional government. Some developers were allowed to construct houses with inadequate building licences or no licence at all. During this period an estimated £100m+ was paid to developers by unsuspecting families, some with children and (the majority) of retirement age.
Our members bear witness to corruption and greed amongst government employees, builders, estate agents and the supporting professions (lawyers, architects etc) many of them in denial, but still in possession of massive sums of money obtained through their activities.
We are open to everyone in the Almanzora Valley who purchased their property in good faith, and now find themselves in a position of legal uncertainty.
We are federated to FAUN, the National Federation of Organisations against urban abuse.
Our objectives
•
To bring about, as far as it is possible, the proper legalisation
of land and houses in the Almanzora Valley that are currently
considered to be 'illegal' through collective representation to
our councils, to the Central and Regional Government in Spain
and to Europe if necessary for remedies in this regard.
• To secure a proper supply of water and electricity from the relevant providers as a legal right.
• To prevent or mitigate, as far as possible, any potential 'land-grab' or infrastructure costs having to be borne by owners of properties where these should be borne by other parties i.e. property developers where owners had not been informed of the future potential expense.
• To inform, support, and where possible, advise our members on matters which commonly affect them in relation to the foregoing, as far as is practicable.
Our fears for the future
1.
We are fearful that current actions, especially those relating
to any fines; demands for infrastructure payments; and the like;
will lead to many home owners being put into a worse financial
situation than they are in at present. This is already leading
to much stress and anxiety for our members and, of course, many
others.
2. We are fearful that this could also lead to many being forced to return to their homeland having lost their life savings because they cannot afford to legalise their home.
3. We fear that our constructors, our Town Halls, our architects and our lawyers will get away with what they have done because continents drift faster than a Spanish civil court case. A moot point anyway if you can’t afford to sue.
4. We are concerned that NEW areas of urbanisations will be included in some plans before the legalisation of properties already being occupied.
5. We believe that if the current plan of action continues without significant change many owners will not see a solution in their life-time. Under current Andalucian Planning Laws (LOUA) an urbanisation can only grow by a permitted amount over a certain period. This restriction has knowingly been far exceeded in many districts. Many owners will therefore not be made legal as authorities ‘hide’ behind this rule. The very one they broke in the first place! This law needs to be altered to allow for the existence of homes on rustic land for purposes not related to agriculture. You can imagine the constant fear and concern this brings when people see a distinct possibility that they will pass the problem and the possible financial burden on to their children.
6. We fear that we will be blamed and held responsible. In many cases home owners have been ‘duped’ into becoming a promoter of their property therefore liable to future infrastructure costs and any possible penalties (civil and criminal) that should have been the responsibility of the builders. We are already experiencing a problem where builders charge owners for various utilities and then fail to pay the supply company. Some owners have now been cut off from these services and asked to pay the outstanding charges or pay a large sum for re-connection.
7. We fear that we are seen as a ‘cash generator’ for our impoverished Councils. 50% of our members do not have access to mains water or electricity. Some local councils now require that the owners pay exorbitant amounts to be given permission to connect to these services.
8. We have no certainty! Some members have fully legalised documents for their property, now to be told that the Junta of Andalucía has withdrawn building licences for ‘irregularities’, in many cases court proceeding are being actioned. Their documents have official stamps from the very people that now take these actions.
9. We fear there is no justice! While many of our Human Rights have and continue to be abused, we know that we would struggle to see justice due to the slowness of Spain’s judicial system. While it would be our right to do so, it is a futile action and one that would probably take as long, if not longer, than the process they are currently taking. Many cannot afford it. To this extent we implore you to continue to seek, on our behalf, a fair and speedy solution.
10. We fear (with some justification) that we will be pilloried in the Spanish press, made scapegoats and portrayed as somehow complicit in the scandal of urban abuse. For example, an article in Teleprensa published 2nd September 2009 titled ‘Harsh attack by the British Community in Cantoria on the issue of illegal houses’ asserts that British residents knowingly purchased property on non urbanised land, made ‘black money’ payments to avoid Spanish tax, bought houses cheaply and most bizarrely of all, moved to Spain to take advantage of a free health care system.
11. We fear that our homes will be left in limbo, outside of any known planning regulation or ‘fuera de ordenacion’ with semi-legal status and simply left to return to the dust as a forgotten statistic of the Spanish planning scandal. We observe that this fear is already becoming a reality as the town plans emerge.
What do we want?
We
believe that the following changes are necessary to resolve the
problem and make sure that it doesn't happen again.
1. COMMISSION OF INVESTIGATION: A national commission of investigation be established, with representatives of the administration and citizens’ groups (including those for the protection of homeowners’ rights and the ecologists), to investigate the existing grave planning and environmental problems, to draw up a report on the causes of said problems and their possible solutions, as well as recommendations for the future.
2. ARBITRATION: The creation of a special administrative commission that includes a provincial public ombudsman, advised by independent investigation services, including representatives from the administration and from citizens’ groups (including those for the defence of individual property owners and ecology groups), and with arbitration powers in relation to disputes concerning these problems, available to affected parties free of charge.
3. RESPONSIBILITY: The liability of developers, the administration and pertinent third parties, for having given rise to the grave planning and environmental problems which exist, must be made enforceable and real. Any process of regularisation should, as far as possible, include binding agreements (including adequate guarantees) between those who have caused the irregularities and the administration, and these must include the opportune measures so that those who caused the irregularities compensate for the damage caused.
4. PRINCIPLES TO BE TAKEN INTO ACCOUNT: The following principles should be recognized and reflected in urban law.
(i) In urban development priority must be given to the true needs of the cities and towns affected, sustainability from an environmental point of view and the need to preserve the historical and cultural identity of the affected areas.
(ii) The need for full compliance with community law and fundamental rights, including the European Convention for the Protection of Human Rights and Fundamental Freedoms and case law of the European Court of Human Rights.
(iii) In the case of demolition of property acquired in good faith by citizens real, effective and prior compensation must be guaranteed. Such compensation must be made prior to any loss and at proper rates and conforming to the case law of the Court of Justice and the European Court of Human Rights.
(iv) The legitimate right of purchasers to property acquired legally must be recognised and criteria established for the application of Art. 33 of the Spanish Constitution with respect to public and social interest in order to prevent and prohibit the infringement of people’s property rights by decisions of local and regional authorities.
5. TRANSPARENCY AND PARTICIPATION: Notice of any planning or environmental proceedings should be communicated individually to all those affected, directly or indirectly; as well as publicised widely; publication in the relevant Bulletins not being sufficient. The possibility of electronic access (Internet) to planning and environmental documents in the process of being approved or approved be ensured. Information in the Cadastral and Land Registry must coincide, and the Land Registry must include graphical information. It must be ensured that the information on the land registry includes information about the status of the property with respect to urban regulations as well as environmental and cultural restrictions or similar.
6. JUDICIAL SYSTEM: There is an urgent need to reform the judicial system to avoid the lack of effective rights before the courts; shortening of the real length of proceedings; computerizing and providing adequate resources.
7. ESTATE AGENTS: Should 1) be licensed or have passed an examination of sufficient knowledge and capacity; 2) have adequate insurance to cover all civil liabilities; 3) be clearly regulated in their activities.
8. PROMOTERS & CONSTRUCTORS: These must be subject to bonds, guarantees or insurance to cover possible liabilities to third parties (including to buyers), and to the administration; for possible planning or environmental breaches or infractions; and proof that such guarantees are in place must be a pre-requisite to present and manage any planning instrument.
9. PROTOCOL: An obligatory protocol for the buying and selling of real estate should be established for the benefit of the consumer, setting out the precise steps and standardised procedures , similar to those in other EU member states (for example the United Kingdom).
10. BASIC SERVICES: As a matter of priority and on humanitarian grounds, any house which has been occupied in the past three years should be temporarily permitted electricity and water services until the status of the home is clarified.
