Illegal Builds in Spain...
Author: Phillip Booker
For those who don't already know, there are properties in
Spain without the proper planning permission.
They have been in the news for the past few years and these
illegal builds, can with little notice, be bulldozed with
as little as 48 hours notice; traumatic as you can imagine.
How can this happen in a civilized society?
First and foremost people take risks. There are two
specific areas during the purchase that identify a
weakness. A poor solicitor, who deliberately turns a blind
eye to suspect planning applications; and advice from a
solicitor to a prospective buyer, who then themselves
choose to carry on with the build regardless of potential
problems.
The fraudulent Spanish lawyer cum solicitor, who
surprisingly uses the language barrier as one reason for
any errors, and the other reasons base themselves around
communication errors with planning authorities.
In my attempt to defend Spain and their procedures, allow
me to draw a comparison. If we compare with the UK as a
parallel, then we can find there are fraudulent solicitors
trading in the UK and several go to court for their actions.
Journalists enjoy a meaty story, something that will not
only be a good story in the newspapers and television, but
eventually bringing the said criminals to justice. That is
all well and good for journalists... but why don't they
study the fraudulent actions of solicitors more often? The
simple reason is the legal profession has plenty of clout
to deter any nosey journalist. So any invasion comes with a
threat of legal action and subsequent lawsuit should they
get any small aspect of their reporting wrong. So... unless
the legal profession themselves have cast a certain
individual aside; the ranks close... and delving into a
solicitors affairs is rarely successful.
Yet the same closed ranks do not occur in Spain, as
law-suits between countries are more difficult to pursue.
Allow me to clear up one aspect of the illegal builds in
Spain. New builds can be illegal unless they have the
proper documentation; properties built before the year 2000
are less likely affected.
Using that theory therefore, 'resale' properties are a
better alternative to buy.
Those bulldozed illegal properties are generally in the
'campo' areas. These are the areas on the outskirts of
small villages and towns.
The temptation to buy such properties, are clearly obvious
as they are substantial in description with a good deal of
land and physically built property upon the plot. What
money may buy a three-bedroom apartment on the coast, would
buy a 3 bedroom villa 5 miles inland, with a swimming pool
and landscaped garden. Such temptation is on every
individual intending to buy overseas property.
So here are the two main areas that property buyers need to
be aware of.
Firstly, the so-called dodgy solicitor... These are
obviously unscrupulous and similar to the dodgy people in
the UK. They seem to settle in one area for a few years; do
their dirty work and as their working environment begins to
get tough, they move up and down the coast.
An option to overcome this possibility is to get another
solicitor to follow their tracks. Tell your original
solicitor that this is going to happen; and see whether he
shakes in his boots. The cost maybe and extra £100,
but the extra security and confidence you'll get through
'double-checking' will makes the buying process so much
more comfortable.
The second possibility is the more frequent...
The system of authority for building is different here in
Spain. In the UK for example, planning permission is sought
from the local council; once approved everything is fine.
Here in Spain they have a two-tier system. More often than
not the local council will approve development; if only for
no other reason than injecting funds back from central
government, as population quota improves the Spanish
councils grants.
The other tier within the system is the 'Regional Province'
authorities, they have the last authority on planning. To
ease the friction between the two, the Regional Authorities
have designated areas that have urban development rights;
allowing development. Without this right of development,
more scrutiny and approval is needed.
Under this scrutiny comes 'delays' and doubt. Here the
solicitor will advise a client that a previous application
was approved by the local council, and then subsequently
approved by the 'Regional Authority'. The decision to build
as a consequence is put back onto the prospective buyer of
the land; as the approval may take up and over a year.
Big Risk!... But the prospective buyer is so eager that
they approve the purchase of land. With this approval comes
the risk of everything going belly up and the house
demolished.
As with some houses, that have the risk of being bulldozed,
the owner at the time try's to sell the property. More
often than not as explained earlier the property is
substantial, beautiful and close to all amenities; so the
likelihood of potential buyers is huge.
Again, in theory the property should never sell, as the
solicitor does the necessary checks. But invariably the
estate agent initiating the sale; knows of an unscrupulous
solicitor who will scurry through the proceedings.
Downright scandal... but wherever there are people, there
will be one dodgy character willing to earn a quick buck
off someone. This scenario applies to any community it the
world.
At this moment in time 95% of property are fine; a further
3% have no plans finalized but will get approval
eventually; and the remaining 2% need further clarification
before you consider purchasing.
My conclusion on Spanish Property... Not too much different
to the 'builder's bodge jobs' cunningly hidden before the
property is sold in the UK. Unscrupulous activity happens
everywhere, wherever there are people, there will be two or
three in every hundred that should raise suspicions. When
buying check thoroughly and perhaps get a second solicitor
checking over the final drafts.
Phil Booker Online Estate Agent
About the Author:
Mr. P. Booker
http://www.Sale-Property-Spain.co.uk
Online Estate Agent
Author: Phillip Booker
For those who don't already know, there are properties in
Spain without the proper planning permission.
They have been in the news for the past few years and these
illegal builds, can with little notice, be bulldozed with
as little as 48 hours notice; traumatic as you can imagine.
How can this happen in a civilized society?
First and foremost people take risks. There are two
specific areas during the purchase that identify a
weakness. A poor solicitor, who deliberately turns a blind
eye to suspect planning applications; and advice from a
solicitor to a prospective buyer, who then themselves
choose to carry on with the build regardless of potential
problems.
The fraudulent Spanish lawyer cum solicitor, who
surprisingly uses the language barrier as one reason for
any errors, and the other reasons base themselves around
communication errors with planning authorities.
In my attempt to defend Spain and their procedures, allow
me to draw a comparison. If we compare with the UK as a
parallel, then we can find there are fraudulent solicitors
trading in the UK and several go to court for their actions.
Journalists enjoy a meaty story, something that will not
only be a good story in the newspapers and television, but
eventually bringing the said criminals to justice. That is
all well and good for journalists... but why don't they
study the fraudulent actions of solicitors more often? The
simple reason is the legal profession has plenty of clout
to deter any nosey journalist. So any invasion comes with a
threat of legal action and subsequent lawsuit should they
get any small aspect of their reporting wrong. So... unless
the legal profession themselves have cast a certain
individual aside; the ranks close... and delving into a
solicitors affairs is rarely successful.
Yet the same closed ranks do not occur in Spain, as
law-suits between countries are more difficult to pursue.
Allow me to clear up one aspect of the illegal builds in
Spain. New builds can be illegal unless they have the
proper documentation; properties built before the year 2000
are less likely affected.
Using that theory therefore, 'resale' properties are a
better alternative to buy.
Those bulldozed illegal properties are generally in the
'campo' areas. These are the areas on the outskirts of
small villages and towns.
The temptation to buy such properties, are clearly obvious
as they are substantial in description with a good deal of
land and physically built property upon the plot. What
money may buy a three-bedroom apartment on the coast, would
buy a 3 bedroom villa 5 miles inland, with a swimming pool
and landscaped garden. Such temptation is on every
individual intending to buy overseas property.
So here are the two main areas that property buyers need to
be aware of.
Firstly, the so-called dodgy solicitor... These are
obviously unscrupulous and similar to the dodgy people in
the UK. They seem to settle in one area for a few years; do
their dirty work and as their working environment begins to
get tough, they move up and down the coast.
An option to overcome this possibility is to get another
solicitor to follow their tracks. Tell your original
solicitor that this is going to happen; and see whether he
shakes in his boots. The cost maybe and extra £100,
but the extra security and confidence you'll get through
'double-checking' will makes the buying process so much
more comfortable.
The second possibility is the more frequent...
The system of authority for building is different here in
Spain. In the UK for example, planning permission is sought
from the local council; once approved everything is fine.
Here in Spain they have a two-tier system. More often than
not the local council will approve development; if only for
no other reason than injecting funds back from central
government, as population quota improves the Spanish
councils grants.
The other tier within the system is the 'Regional Province'
authorities, they have the last authority on planning. To
ease the friction between the two, the Regional Authorities
have designated areas that have urban development rights;
allowing development. Without this right of development,
more scrutiny and approval is needed.
Under this scrutiny comes 'delays' and doubt. Here the
solicitor will advise a client that a previous application
was approved by the local council, and then subsequently
approved by the 'Regional Authority'. The decision to build
as a consequence is put back onto the prospective buyer of
the land; as the approval may take up and over a year.
Big Risk!... But the prospective buyer is so eager that
they approve the purchase of land. With this approval comes
the risk of everything going belly up and the house
demolished.
As with some houses, that have the risk of being bulldozed,
the owner at the time try's to sell the property. More
often than not as explained earlier the property is
substantial, beautiful and close to all amenities; so the
likelihood of potential buyers is huge.
Again, in theory the property should never sell, as the
solicitor does the necessary checks. But invariably the
estate agent initiating the sale; knows of an unscrupulous
solicitor who will scurry through the proceedings.
Downright scandal... but wherever there are people, there
will be one dodgy character willing to earn a quick buck
off someone. This scenario applies to any community it the
world.
At this moment in time 95% of property are fine; a further
3% have no plans finalized but will get approval
eventually; and the remaining 2% need further clarification
before you consider purchasing.
My conclusion on Spanish Property... Not too much different
to the 'builder's bodge jobs' cunningly hidden before the
property is sold in the UK. Unscrupulous activity happens
everywhere, wherever there are people, there will be two or
three in every hundred that should raise suspicions. When
buying check thoroughly and perhaps get a second solicitor
checking over the final drafts.
Phil Booker Online Estate Agent
About the Author:
Mr. P. Booker
http://www.Sale-Property-Spain.co.uk
Online Estate Agent
