Illegal Homes In The Andalucian Countryside

There is a big problem with illegally built dwellings
throughout rural Andalucia. There is a distinction between properties which
were built with a building licence granted by the local Town Hall and those
that are totally legal. It has not been uncommon for Town Halls to have granted
licences for the building of properties which were in fact in contravention of
the PGOU (Urban Plan) approved by the Junta de Andalucia; or indeed that the
Urban Plan itself was not in compliance with the rules of the Junta. In Marbella,
many building licences were granted which should not have been and often the
buyers of the constructed properties were completely innocent parties. It is
for this reason, there has been a limited amnesty for some property owners.

Many properties however have been built illegally on rustic
land either with no building licence at all or with fictitious licences for
almacenes (sheds) or casas de aperos  (tool stores). Often swimming pools
are build with a licence for an alberja (water deposit). Whether or not the
Town Hall knew or ought to have known of the reality of the situation, it is
the responsibility of the person constructing or buying the property to
ascertain the legally allowed usage of the property. The problems we encounter
is that often foreigners arrive in Spain with no knowledge of the law and are
misinformed by some estate agents and even some lawyers about what is and what
isn’t legal. They then innocently build or purchase an illegal property. By the
time the problem arises, the estate agent has disappeared. In most cases, there
is a clause in the deed signed by the purchaser or the person registering the
new construction which states that the property cannot be lived in and often
the signatory, not understanding Spanish is completely oblivious to it.

The reaction to the problem varies greatly between the Town
Halls. Some acknowledging that the environmental damage is done and cannot be
reversed allow the properties to be legalised (whilst charging a high fee),
others ignore the situation, refusing to acknowledge the legality of the
properties but not issuing fines or demolition orders and some enforce the
rules very vigorously with very large fines and demolition orders.

It is not the case that the Town Halls which take the most
vigorous action are doing it for financial gain, but in fact are simply
following the law.

Any property owners who have received a notification from
the Town Hall or who are concerned about the legality of their property should
consult a reputable lawyer. There is not always a solution to the situation
but, there can be depending upon the age and location of the property. Equally
importantly, anyone who is thinking of purchasing rustic land or property with
the intention to reside there should tread carefully. Ask the lawyer to state
in writing that the property can be used legally as a dwelling and to get a
certificate from the Town Hall stating that the property is registered and
fully legal. If they are not able to do this then one should think twice about
proceeding.

The team at De Cotta McKenna y Santafé are highly
experienced in the area of property law in  Andalucia, Spain and its Islands.
and will be able to assist you.

The laws are there for a reason and that is to maintain the
green and beautiful spaces of Andalucia & Spain and its Islands.
Whilst many people have innocently fallen foul of the laws, it is important to
remember that they are for everyone’s benefit.

For more information on this subject, or to make an appointment for a
private consultation, please contact us at De
Cotta McKenna & Santafé on:

Tel.: +34 952 931 781
Fax: +34 952 933 547