December 31, 2005 at 10:00 am #51456
I am posting this information passed onto me as I feel it is important to people who are about to complete on the lower section of this development. This is the information that I recieved from a reliable source.
……………telephoned Monica Anon at the Town Planning Office this morning.
Monica confirmed, on checking, that the lower blocks are all on the same ‘suspended’ building licence as the upper blocks!!
This of course means the building of the lower blocks is going on ‘illegally’ and that any purchaser in the know, or with any sense, will not part with another penny until this is sorted out.
Monica put …… on to the Planning Office’s own lawyer. This lady confirmed that a Licencia de Premira Ocupacion would never be issued to these purchasers, and that MVG has to make an application to the tribunal which could take up to a couple of years!
So there you have it – to quote this lawyer – no-one should pay another penny on the lower blocks at the moment.
So I suggest you would be doing …….who contacted you a great favour by putting her in the picture. Suggest her lawyer goes to the Town Planning Office in Marbella to confirm everything I’ve said.
It is my own opinion that if you are buying on the lower blocks then you or your lawyer should contact the legal department at the Town Hall in Marbella, to clarify the situation.
December 31, 2005 at 11:25 am #60409
This is an article from Diario Sur published in the last few days. This is just to underline what was said above by ‘Guest’ and warn people who have bought here or other developments who had their licences suspended and the developers ignored the suspension orders and went ahead with the buildings. Just to warn everyone of the danger involved!
Five Marbella buildings with permits cancelled are already inhabited
The Public Works Department has warned the Town Hall that granting habitability licences in these cases may constitute a crime of corruption
Marbella Town Hall and the Andalusian Government are once again at loggerheads. This time the Junta has denounced the council for allowing people to live in buildings on which work had been ordered to be brought to a standstill as a precaution by the Andalusian High Court of Justice. The regional Department of Public Works has denounced five cases of developments for which an order exists from the High Court annulling the building licence. These cases have been reported to the public prosecutor. But despite this the buildings have been finished and are already inhabited. José María Ruiz Povedano, the Malaga provincial head of Public Works, blames the Town Hall for “having allowed the buildings, now inhabited, to be completed”.
The information has been sent to the public prosecutor’s office for this department to determine whether this might constitute a crime. The specific cases are a building with 132 homes put up by Lardes S. L. between the Avenida Ramón y Cajal and Calle Félix Rodríguez de la Fuente; a building with 35 homes erected by Sea Coast Inversiones S. L. in the Los ángeles area of San Pedro Alcántara; 160 homes in the Medina Garden complex, built by Marín Hilinguer S.L. in Puerto Banús; four blocks at Playa Golf Real, built by the company Río Real Playa S.L. plus a commercial warehouse on the Ojén road, belonging to Materiales de Construcción La Juanita S. L.
According to sources at the Junta de Andalucía, although it is not known definitely whether habitability licences have actually been granted or not, Public Works inspectors have been able to ascertain that the buildings are inhabited despite the definite annulment of the building licences by the Andalusian High Court. The court thus ruled in favour of the Andalusian Government. Numerous building licences issued by previous mayors of Marbella based on the 1998 master town plan which Jesús Gil’s council passed but which was never approved by the Andalusian Government have been contested in court.
These five specific cases apart, Ruiz Povedano warned the present town council that they may well be guilty of corruption by issuing habitability licences for “dwellings that have been pronounced to be illegal by the courts of justice”.
The first Deputy Mayor, Isabel García Marcos admitted at the last council meeting that mistakes had been detected in the paperwork for habitability and blamed the head of the legal services in the Town Planning Department, Jorge González, for not including the order to bring the buildings to a standstill in the files on these buildings.
The Junta’s reaction has left no room for doubt. The Mayor, Marisol Yagüe, is blamed for not preventing “the consolidation of building work that had been pronounced illegal by the courts of justice”. In a letter sent to the Mayor by the Andalusian Government she has been told once again to check and rescind all planning permission that contravenes the 1986 master town plan, the only one that is legally in force.
The regional government considers that this measure will put a stop to “any further steps being taken illegally, such as the passing of building schemes or the granting of habitability licences in relation to these permits”. Ruiz Povedano reminded the Town Hall that checking building licences is their responsibility and he repeated that not doing so could constitute a crime of corruption.
December 31, 2005 at 12:53 pm #60410
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