have we lost sight

[Roger]

I have no responsibility for the legal process.
As far as I am aware, and what people want, is to have their problems solved at no cost to them.
That is what we are working on in Arboleas Town Hall.
At the election the PSA stated that people should not have to pay twice when they have already paid for building licences etc,  now  to find that they were never issued.
That is still our policy.
We will legalise the houses which are on rustic land or those on urban land without licences,
and send the bill to the builder.

What we cannot control is things such as mortgages taken out by the builder on peoples homes.
We cannot use public money to pay these.
I am trying to get action from the abogados, but they do not seem very pro active in this.
I leave it to you to wonder why.

[bob]

 sunrun        Rodger, have you missed the point where are all the people who took our money and told lies that would hang the pope.       Are they gone on the four corner race? why are none in court or in jail?

[Roger]

It is not true that you could do what you wanted where you wanted, not since 1956, when the first ley de suelo came into force.
Over the years it has been tightened and codified.

What did happen is that the regulations were ignored. Only when too many houses were being built outside the existing urban centres did the authorities start to clamp down.
In 1998 I bought a piece of land but was told I had to have a building licence and could only build if it was on urban land (which it was).

We are in the mess we are in now because everyone thought they could ignore the law.
Remember most of the houses we are considering were built after 2002, when the law was tightened even more.

I am dealing with cases where the builder built without a segregation licence and without a building licence.
It was the fault of the builder and the Town Hall.
I have never stated that it is the fault of the purchaser.

But we cannot just ignore the fact that these houses do not have licences and that the land has not been segregated. We have to find solutions which do not penalise the purchaser.
It is complicated and it takes time.
To suggest there is a simple solution, such as ¨make everything legal¨ without stating how, is facile.
In Arboleas we have passed Innovacion 12 which legalises every house within the old urban boundary, and we have passed Advance 14 which makes those houses on the edge but outside the urban boundary legally occupied.
We will soon be publishing the general urban revision to urbanise all the houses in Arboleas

BUT THIS IS ONLY PART OF THE SOLUTION.

We have to sort out the missing infrastructure.
We have to get the land transferred to the house owner, often when it is still owned by the original farmer and has not been segregated.
We have to get the necessary technical documents for each house to allow them to be registered in the land registry.
And we have to remove embargos placed on land and houses.

Unfortunately there are too many people who think that there are simple solutions.

[The Sheriff ILLIA.]

I think what looked a promising situation 12 months ago has now turned out to be another dead end - with the European Court deciding Spain has done nothing wrong in it's current attitude to the Housing Problem - so it's back to Square One there !!!!

The Spanish Government  / Junta / Councils  keep repeating the same old Mantra  - It is the fault of the Buyers that these Properties are Illegal - but we are doing all we can to rectify the situation - they have been doing this for over 5 years now ????

If they are doing all they can  - why is it that in every case when a Alcalde is brought to Court for giving illegal permission to build - the Prosecutor automatically applies for Demolition of the Properties -  some way of showing they are doing all they can ?????  

The only way forward is to Legalise all those properties not in what can be called a dangerous position - and worry about Street lighting / Pavements Etc. at a later date - get people with Water & Electric to their properties - full time - not just for a year -with the situation to be reviewed then - & maybe some of those that moved back to the UK because of no services - may be inclined to come back ???.

It will be very hard to bring the ' Rogues ' to boot - because what they were doing back in 2000 / 2003 was not actually illegal - I know because I did it myself twice with houses I built for ourselves to live in.

What was the problem is that the Ex-Pats coming out from the UK - expected    Spanish Solicitors / Architects Etc.    to work the same way as their UK counterparts - and they did not -  and still do not - they will not offer extra advice on a question you ask - they will only answer the direct question - it is up the the client to ask more and more questions to get to the bottom line. 

I was lucky in the fact that the very first Spanish Solicitor I ever met from Mojacar -  explained this to me in great detail - because he was well aware that at sometime in the future I would seek advice from other Solicitors  - he advised me to write down every question I could think of before any meeting with a Solicitor and ask every one until you have the answers to your satisfaction.     He also explained to me the current Building Regulations of the day - which were basically if you owned a piece of land - and had the Escritura for it - you could build on it up to a certain size -  and NO ONE could stop you - no permissions were even required. 

It was this ruling that was exploited to the extreme and abused by the Builders / Developers  - to the extent the Junta eventually stepped in !!

Carrying on from there -  throughout my time in the Albox area for 12 years we used Miguel as a Solicitor - He is one person who lots of people would say - run away from as fast as you can - Miguel  for myself did everything he said he would do - it may have taken a while - but at the end of the day it got done - which is more than some of the others I tested out did ???. Who took money for doing nothing !!  Some of whom are recommend regularly here on this Forum !

I wish you all well in your continuing endeavors  - and if you are not already a member  join the  Auan  for moral support  !!!!!!!

[Tetley]

Bob
i think the crime itself is how Spain has been brought to collapse by a few,most people live in well built butyfull homes that are well constructed and at some point the head office mandarins will have to get a grip and make it easyer for the town halls to roll the paperwork and re float the econamy.

as for Arboleas the man that started the job is back to finish the job and everybody needs to support him with the common goal for all Arboleas and the folks that live in Arboleas of sorting the full job out for all.

[bob]

Well folks with all that is going on with the town-hall and its' plans Spain going down the plug hole we seem to have lost sight of all the crooks who have put us in this position.       Where are they now? have the most of them gone on the four corner race (I will go to the four corners of the earth and no one will find me) and running like the clappers.