Another Illegal property Fiasco.

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    • #54459

      From the Town Crier. Full story can be read on

      “Some 8,000 families are affected by the Mijas council’s plans to demolish illegal constructions or impose hefty fines on their owners……

      At least two illegal homeowners in the Coín-Monda area are facing fines of just over 100,000 euros. One of them said he had received notification from the tax collection office that he had to pay the fine by Nov. 5th. Failure to pay would mean an added bill the following day for interest on the amount which should have been paid 3 years ago. The property will be embargoed the same day and if the fine is not paid the property will go up for auction.. But there is a catch. Not being legal, the building does not exist, therefore only the land will be auctioned. The owner says he does not have that amount of money in the bank here……

      The worst thing of all is that he knows that all this could have been avoided if he had taken a friends advice and tried to sort out his properties papers whilst there was still time”

      Not sure how he could have sorted it anyway if he doesn’t have the 100’000 😕 This is another British person…out of all the illegals why does it always seem to be the British who a singled out! Everyone knows of some Spanish people living in illegal houses (usually intentionally) not the same as the Brits who bought in good faith or were told by an agent that it was the Spanish way and they could just pay a small fine.

    • #87408

      I don’t understand his comments about sorting out his paperwork sooner. Had he received notification of the fine three years ago?

      I have found the following information on the SOHA website, (Save our Homes Axarquia)

      The link is here:

      The main information is as follows:

      “the Junta is conducting a detailed survey of illegal houses in the area

      that they have a legal obligation to inform the courts of planning irregularities

      the Junta say that demolition is not an automatic consequence of illegality

      they expect 95% of houses to be regularised

      when the urban plans are completed your house will either be:

      1. on urban land

      2. on urbanisable land

      3. Fuera de ordenacion (will not be demolished, will have an escritura de antiguedad, but will not be entitled to services, cannot be altered, and will be expected to return to dust in 100 years)

      4. Demolished if dangerous, in a protected area, on a public right of way or not completed.”

      Unfortunately it doesn’t mention any “legalisation charges”.

    • #87412

      What is the exact situation here.

      1) Innocent buyer purchases new property from builder and illegal status only discovered later

      2) Individual buys some land and knowingly builds illegal property with the hope of paying a (small) fine later to legalise.

      If it’s the latter I have no sympthany. In the UK the house would be demolished and a lot of money lost.

      If it’s the former then yes the situation is ridiculous. It’s the builder who should be prosecuted.

    • #87417

      In a lot of cases the normal thing to do was to build a house on your rustic land and then “legalise” it much later with an antiquity certificate. This was the Spanish way of doing things.

      Unfortunately many foreigners have been caught up in this way of doing things without knowing until too late. I know some people, not British, who have done this and have been able to take out mortgages to finance their businesses and are quite happy with their situation. I also know some who have put all their money into their spanish home and now find themselves in the position of not knowing whether their home is worth anything at all, and worst of all they can’t sell it and go back to the UK.

    • #87419

      The article is not very clear. (local papers are really bad!). What I find puzzling many of the people affected are Spanish (and knew exactly they were building illegaly), yet only the British seem to be demolished/fined.

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