AUAN press release, 13th September 2011

AUAN members from the Almanzora Valley affected by the illegal homes scandal hosted a visit from the British Consul for the Andalucia region, Steve Jones and Madrid Embassy official Alexandra Brown, advisor to the Foreign Office on property matters in Spain on Tusday 13th September.

The visit was part of a fact finding mission to receive an update from those directly affected regarding latest developments and to discuss actions taken by the Foreign and Commonwealth Office to raise its concerns with the Spanish Government.

Mr. Jones assured those present that the Foreign Office was engaging with the Spanish Government at the highest levels on this issue.

After a lengthy meeting with the homeowners, the officials went on to have introductory meetings with the new mayors of Arboleas and Vera.

“We are pleased that the Foreign Office continues to show an interest in matters concerning it citizens. The problem is not going away and we need all the help we can get” said AUAN president Maura Hillen.

More info www.almanzora-au.org

* 920 properties earmarked for demolition.
* The remainder likely to foot the bill for legalisation

The Minister for Housing and Planning, Josefina Cruz (pictured above), met with the Mayors of ten municipalities in the Valley of Almanzora in Almeria on Thursday to deliver the results of the Inspection of houses constructed on land not zoned for building in Albánchez, Albox, Arboleas, Cantoria, Fines, Líjar, Lubrín, Oria, Partaloa and Zurgena.

The Minister revealed that 12, 697 ‘irregular’ constructions had been identified in the Almanzora Valley alone.

Of those some 7.2% or 920 buildings have been found on specially protected land or are less than 4 years old or are incomplete. In these three cases the offence is not proscribed by law and the ministry has instructed the councils to ‘restore order’ as a priority.

As for the remaining 11,777 houses Sra. Cruz went on to state that her ministry was working on a special ‘decreto’ or decree to define a uniform set of procedures which would allow these houses to be granted an occupation license and obtain access to services in a manner described as ‘self-sufficient’ making it clear that public funds will not be used to resolve the situation.

Speaking about illegal houses in Almeria in a hearing of the planning commission of the Andalucian Parliament on Wednesday, the Minister is reported to have said “people from other countries had set up home in an illegal way” and now “residents want us to solve a problem that some of them have created”.

“12,697 illegal buildings in the Almanzora Valley and nobody noticed?” said Maura Hillen, president of Abusos Urbanisticos Almanzora NO (AUAN), a homeowners association composed mainly of British residents . “Did these houses pop up like mushrooms overnight? Where was the Junta when the houses were being built? “

“And how many people will be made homeless and/or lose their life savings if 920 houses are demolished to ‘restore order’?” she continued “A conservative calculation would put the financial losses in the order of 90 million euros. Who’s going to compensate those who bought in good faith? The Junta? The town halls? “

Commenting on the Ministers announcement of a promised decree Mrs Hillen said “Without seeing the text of this decree, which of course will not be available until after the local elections, it is impossible to say anything meaningful. However, the government has had seven years to deal with this issue and now suddenly two months before an election there is a new decree? The timing is a bit fishy in our view and smacks of electioneering. “

“And what about all the civil and criminal proceedings that are currently in progress and could also result in demolition? How is the decree going to save these houses? As usual there are more questions than answers and more smoke and mirrors that any real change in the Juntas position” she said.

Speaking of the remarks attributed to the Minister by the Spanish press the AUAN president said “If the remarks are accurate, blaming foreign homeowners for the woes of the Andalucian planning system is quite insulting and clearly untrue. Comments such as these, if accurately reported, demonstrate a fundamental lack of understanding of the realities of the scale of the planning disaster in Andalucia and are hardly designed to encourage much needed British investment in the Andalucian property market”.

“In our view the Ministry of Housing and Planning is like the orchestra on the decks of the Titanic. Fiddling away whilst the ship sinks taking homeowners and what is left of the reputation of the Andalucian property industry with it. Its all a bit of a shambles” she concluded.

AUAN Press release – 11th March 2011
Contact: info(at)almanzora-au.org
www.almanzora-au.org

Here you have an example of a 50pc discount on the coast. Altamira, the real estate company of Santander bank, is offering 3-bed semis of 156m2 in Vera, Almeria, for €82,400, down from €164,800, that’s 50pc. They probably come with easy financing too: Assume around 80pc over 25 years and you are looking at less than €300/month. Starts to get interesting.

Of course it is not just about price. You also have to like what you are buying, which in this case would not be very inspiring.

Details at Altamira

You can’t blame him for trying to sell his holiday home in the El Mirador de Vera urbanisation, a stone’s throw from the (nudist) beach in Vera, Costa Almeria (Andalucia). He’s a busy man, and totally out of his depth trying to lead Spain out of recession. I doubt he has time to go hang out on the beach in Vera (he also has nicer ‘grace and favour’ places to go on holiday as the PM), and the Spanish press reports he hasn’t been able to rent it out recently, which may sound familiar to countless other landlords up and down the Spanish coast.

But if I was an estate agent in the area, I wouldn’t touch his property, not even for the curiosity or celebrity value (the house is in fact in his wife’s name). Spanish press reports say he’s asking 400,000 Euros, what he paid for it back in 2007 when prices were boiling. Asking prices in the area have since come down by an average of 22pc, according to the website facilisimo.com, and transaction prices probably more. As a vendor Zapatero is what agents would call a time-waster with a ridiculous asking price. Many would argue he is also a time-waster as Prime Minister. There is no sign he is about to grab the bull by the horns, on any level.

The British community in Almeria, many of whom own homes declared illegal, are starting to make progress in their campaign to defend their homes from demolition, reports Spain’s leading newspaper El Pais.

They are fighting to save some 5,000 homes from the threat of demolition in a handful of Andalucian municipalities, mainly in the Almanzora valley.

There are an estimated 500 to 600 illegal homes in the Albox municipality alone, most of them owned by Britons.

Owners are represented by activist groups such as the Abusos Urbanisticos Almanzora No! (AUAN) whose slogan is “Campaigning to legalise homes in the Almanzora Valley.” The AUAN have organised protests and put pressure on the local and regional government, who have finally started talking to the AUAN about solutions. That is a step forward.

After years of blaming foreign buyers and threatening their homes with demolition, the regional government appears to be leaning towards an amnesty that legalises the great majority of homes.

Moving towards a solution

The Junta appears to be taking a softer line with the victims of planning abuses that the authorities should never have let happen.

Officials from the Junta say they do not want to “criminalise the situation” and are committed to finding a “transparent” solution and “consensus” over a road map, report El Pais.

The first step will be to measure the problem by auditing all the illegal building. Black spots such as Albanchez, Arboleas, Albox, Lubrín, Cantoria, Zurgena, Partaloa and Oria are planning to do this.

This will provide “a tool for town halls to understand the scale of the problem and how they can exercise their municipal responsibilities,” a regional official told El Pais.

About time too

It is the first time the regional government has taken into account the victims of planning abuses, and given them access to the process to find solutions, reports El Pais.

El Pais fail to make the point that, quite apart from the question of justice, the government’s behaviour has done untold damage to the region’s reputation as a home-buyer’s destination. This is all bad news for the local economy, which doesn’t have much going for it anyway.

But despite positive signs that the Junta might take a softer line, this saga is bound to last some time yet.

Perhaps the darkest hour came when the authorities demolished the home of British pensioners Len and Helen Prior in January 2008, even though they had planning permission from the town hall. Since then, dozens of other foreign-owned homes built on rustic land have been served with demolition orders.

Read the original article at El Pais online (Spanish): Los británicos de Almería ultiman su estrategia para regularizar 5.000 casas

AUAN Press release – 22nd June 2010

The Anguish of Urban Abuse increases in the Almanzora Valley

The anguish of urban abuse fails to diminish in the Almanzora Valley as the association “Abusos Urbanísticos Almanzora – ¡NO!” announces more cases where retired Britons are at risk of seeing their homes demolished even though they bought them in good faith and are considered as victims by the court proceedings.

The latest case involves 9 houses purchased by British people in the area of La Hortichuela in Albox. In an abbreviated procedure in Court Number 2 in Huercal Overa the homeowners were offered the possibility of a private prosecution against the defendants. However, in addition to the penalties levied against the defendants, the prosecutor is also asking for the homes to be demolished. The Prosecutors charges relate to planning crimes, ‘prevaracacion’ (misconduct in a public office) and the failure to prosecute crimes.

AUAN president Maura Hillen asks “When will it end? How many more are there? How many more lives will we see destroyed?” She went on to say that in her view “We have only seen the tip of the iceberg. In reality the system has resoundingly failed and the innocent must pay the price”.

When asked, the lawyer for four of the affected families, Gerardo Manual Vazquez Nuñez said “Again, I have had to explain the situation to clients and again I see tears in their eyes. This is truly regrettable”.

Abusos Urbanisticos Almanzora No
Campaigning to safeguard our homes
Contact: info@almanzora-au.org

The organisation “Abusos Urbanísticos Almanzora – No” can confirm that another two demolition orders affecting British homeowners in Albox have been set aside bringing the total now set aside to five.

The most recent ruling came from the Court of ‘Contencioso Administrativo No. 2’ in Almeria on the 24th May. The ruling stated that the British homeowners had not been properly informed of the proceedings and thus were not given an opportunity to defend themselves against the demolition of their home. The judge ordered the case to be retried.

The lawyer for the British couple, Gerardo Manual Vazquez Nuñez said “This is good news for my clients. It has taken a weight off their minds, but it isn’t over yet. The case to decide if the building license should or should not have been issued continues. The problems for my clients have not ended but at least they can now sleep at night without worrying if a bulldozer is going to appear at their door”.

With reference to the other demolition orders in Albox the lawyer commented that they are still at risk saying “I do not understand why the Junta says that everything depends on the Judges and they (the Junta) do not demolish. My experience is different. The Junta is very active in these proceedings. For example when the court was notified of a change of lawyers in one of the cases that I represent, the Junta objected and said that my clients should now be excluded from the case because as the second owners of the home they were not named on the original license. My clients had previously been allowed to participate and only the lawyer was being changed! Fortunately, the judge did not permit this”.

The lawyer added “The annulment of these proceedings is a step forward, but it does not resolve the widespread issue of urban abuse and property problems which affect thousand of citizens, not only in the Almanzora Valley but throughout many other parts of Andalucia. The principle problem is the legal uncertainty which exists for many homebuyers who are not only British but Spanish and other nationalities as well. In my opinion the property system has failed and should be reformed”.

When asked who is responsible the lawyer responded “Responsible? Now is not the time to apportion blame- that will become clearer over time – but my clients are not at fault. What IS needed now is for the administration to be brave, to take the bull by the horns and mediate an agreed solution between the people affected, the responsible agencies, political parties etc. This would be good for the economy and good for society at the same time. Currently the whole issue is causing great concern and nobody knows what is going on.”

Asked how the problem could be solved the lawyer said “There are precedents. For example in other parts of Spain the regulations have been changed in a way which allows for regularisation via Special Plans. One thing is clear – things cannot continue as they are.” He concluded by saying “In my opinion, if the problem is not addressed once and for all it will continue for many years and will not be good for anybody”.

For more information visit www.almanzora-au.org

John and Muriel Burns confirmed today that the demolition order on their home has been set aside and their case will now be retried. This at least gives them some hope for a good outcome in the future.

Three demolition orders have now been set aside by the courts on the basis that the homeowner was not properly informed of the proceedings.

The legal battle continues for the remaining five.

For more information visit www.almanzora-au.org

Almanzora region, Almeria

This is a new press release from Abusos Urbanisticos Almanzora NO (AUAN), which describes itself as a non profit, non political organisation campaigning to bring about the legalisation of homes in the Almanzora Valley currently considered to be “illegal”. The drama of illegal homes in Almanzora under threat from demolition rumbles on.

Five more British families in Albox (Almanzora) are facing the possible demolition of their homes.

They were summoned to court number 2 in Huercal-Overa on the 7th of April to be told that their builder Osvaldo Ceferino Martinez has been charged with planning crimes relating to the illegal construction of their homes in the ‘La Molata’ area of Albox.

The State Prosecutor is seeking the demolition of the five homes with compensation payable to the homeowners by the builder. The builder is also expected to pay the 65,000 euro cost of demolition. Sr. Martinez’s’ whereabouts is unknown to the homeowners at this time and there is some concern as to his financial status.

The families were given 3 days to appoint a lawyer and a procurator so that they can take part in the proceedings to defend their interests and claim compensation.

The case will now be sent to trial in Almeria.

Desert Springs Las Sierra Apartments

Publicity

Developer believes that 100pc, low-cost mortgages could open the floodgates for property sales in 2010.

Pent-up demand for property in Spain was stifled last year by the effects of the global recession, but this year it looks as if buyers are taking advantage of ‘buy now’ incentives, discounts of up to 55%, and 100% low-cost mortgages to snap up property at Desert Springs in Almeria.

In the past 10 weeks, the Cheltenham-based Almanzora Group has successfully sold brand-new freehold properties at an average rate of more than three per week at Desert Springs, Europe’s only international award-winning luxury family resort and championship desert golf course in the Almeria region of south-east Spain, and in two nearby locations – on the beach at Playa Marques and in the traditional Spanish fishing village of Villaricos.

“We adjusted prices to take account of currency exchange rates and the current market situation, and the result has been a steadily rising flow of enquires and sales,” reports the group’s sales and marketing manager, Simon Coaker. “Now we expect a further surge in sales following the news that Spain’s Bank of Andalusia* has selected these developments as the flagships for the launch of its new mortgage offer. This could open the floodgates in terms of property sales in 2010.”

Available on holiday homes and investment properties ranging from apartments, townhouses and cottages to villas and country houses, the 100 per cent mortgages (based on independent valuations undertaken by the bank) are available to Spanish nationals and non-resident buyers alike.

100% plus mortgages

“In some cases, the mortgage available is larger than the amount actually payable by the purchaser,” says Simon. “This is because, following last year’s price reductions, current prices of a number of properties are actually lower than the bank valuations.”

This is the catalyst which could accelerate demand to levels where prices sooner rather than later, predicts Simon, who has just unveiled a portfolio of selected properties offered at exclusive prices – some with as much as 55 per cent off the list price. He describes them as ‘once in a lifetime opportunities for would-be second-home owners.’

The new 100 per cent mortgages can be paid off over periods of up to 35 years at interest rates as low as 2.7 per cent. On this basis, repayments on the mortgage for a €178,000 two-bedroom, two-bathroom apartment at Desert Springs would be only €400 per month. Repayments are even lower during the first two years when interest-only payments are required.

A popular holiday resort with reliable rental income

For investors who place their properties in the year-round rental pool at Desert Springs, the mortgage repayments will be offset by the income which can be achieved – typically €294 per week for a one-bedroom apartment based on two people sharing in the low season, rising to €462 in the high season. These figures are net rental income, after deduction of the charges made by the tour operators marketing properties for holidays.

The sweetwater lake at Desert Springs

“Investors will be reassured by the fact that, throughout 2009, our holiday rentals business at Desert Springs held up well with more than 48 per cent occupancy in that type of apartment,” reports Simon. “This reflects the awareness and popularity of the resort for golf breaks and family holidays, backed by a high level of recommendations to friends by property owners and guests, many of whom return year after year.

The popularity of holidays at Desert Springs – which has increased this year with the addition of the resort to the destinations offered and booked by James Villa Holidays, the UK’s leading villa holiday specialist – has prompted expansion of the number of properties in the resort’s rental pool for 2010, in order to keep pace with demand.

In addition to the 18-hole championship golf course at Desert Springs, other facilities which make it a popular choice for holidays and short breaks include its award-winning El Torrente restaurant and the Croc Restaurant – part of the family-friendly Crocodile Club – as well as the 18-hole championship golf course, day spa, sports club, tennis and paddle courts.

Simon believes that the steady throughput of holiday visitors to Desert Springs last year has been a major factor in the higher-than-expected levels of both enquires and sales of properties since the new year.

Discounts of up to 55%

He said: “We are now at the very bottom of the cycle. Properties discounted to 55 per cent of previous values are priced more or less at the basic cost of their construction alone, excluding land and finance, so these levels will not fall further. We are seeing the start of the next stage of the process we predicted back in 2008. We said then that ‘the Spanish wheel will finally turn’ with the overall property market in the country and its coastal provinces eventually recovering to values which, in high-calibre developments like those at Desert Springs and Villaricos, were undreamed-of at the height of the previous boom.

“Over the years, the property market in Spain – especially the ‘investment’ market – has proved to be extremely cyclical. It is inevitable that, with the ready availability of 100 per cent mortgages, demand will soon start pushing prices up again, so clearly now is the time to buy.”

For more information about property at Desert Springs call The Almanzora Group on 01242 680299 or visit www.almanzora.com

* The Bank of Andalusia (Banco de Andalucía SA), which serves Andalusia’s eight provinces and operates more than 300 branches, is more than 80 per cent owned by one of Spain’s top and most conservative of banks, Banco Popular Español.