Some encouraging property news says the British Ambassador

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    • #56089
      Anonymous
      Participant

      Giles Paxman
      Ambassador to Spain, Madrid (RSS feed )

      Some encouraging property news
      Posted 26 January 2011 by Giles Paxman |

      There’s some good news recently for British people faced with property
      purchases in Spain that have back-fired, building projects that did not meet
      the requirements of Spanish law, or constructors who’ve simply gone bankrupt
      and left houses unfinished.

      At the end of December, Spain introduced reforms to the Criminal Code which
      increase the penalties for town planning crimes and prevent the perpetrators
      from profiting from these crimes. They include punishing public officials
      who allow illegal properties to be built and stricter penalties for
      corruption. Courts can now order the perpetrator to pay the costs of
      restoring the land to its original state, without affecting the compensation
      owed to purchasers who bought in good faith.

      Much as we would like to help, the Embassy cannot get involved in the large
      number of individual property cases, all of which are different and often
      very complex. But we do regularly raise the issue in general terms with
      Spanish ministers at a national and regional level. We also try to give
      British nationals as much advice as we can about how to avoid problems when
      buying property and who to turn to if they find themselves in trouble. You
      can find this information on our web site.

      And there is further encouraging news for purchasers who have bought off
      plan and were issued with a bank guarantee. In December, a court in
      Cantabria ruled that a purchaser had the right to demand that the bank which
      guaranteed the construction of a property refund the amount paid in advance
      by the purchaser when the property was not completed as promised. This may
      sound obvious but, surprisingly, many banks had found ways to avoid paying.

      The Andalucian regional government has also announced that it is preparing
      regulations to deal with the large number of properties in the region that
      have been built illegally. This includes legalising properties where
      possible, and in some cases issuing a minimum licence allowing the property
      to remain even though it is not incorporated into the town plan. We are
      working with the regional authorities to get more information on how these
      proposals will work and the timeframes involved. We will update our website
      with this information in due course.

      In addition, a judge in Almeria has this month ruled that although a
      property built more than six years ago did not comply with town planning
      regulations, the owners have the right to be connected to essential
      utilities such as water and electricity. It is not clear whether this ruling
      will set any kind of legal precedent for similar cases, but it may be seen
      as a glimmer of hope for those who are currently living in illegal
      properties without access to water and electricity.

      While the above news should bring some comfort to those affected, my advice
      for those considering buying in Spain remains very clear: seek independent
      legal and financial advice throughout the purchase process and ensure you
      have all the correct documentation before signing any contracts.

      You can find more information about buying a property in Spain on the
      property section of our website.

      Giles Paxman

      blogs.fco.gov.uk/roller/…/some_encouraging_property_news

    • #102790
      Anonymous
      Participant

      “the Embassy cannot get involved”
      Does that surprise many people who had anything to do with an Embassy in any country..

      “in the large number of individual property cases, all of which are different and often
      very complex”

      Yes, every case is different. They are only complex to the brain lazy parasite at the foreign office, the only think they dont find complex is to claim each & every benefit that they can drive from their employment.

      A very high percentage of people on the site including people posting for the first time can summarise their issues, but it very complex for the British Ambassador. He is letting Paxman’s gene down.

    • #102791
      Anonymous
      Participant

      The judge is in Cantabria or Almeria. The decsions are invariably appealed against & where this does not happen the Court orders are flouted with disdain. The system fails in enforcing the Court orders or act on contempt of Court. Than again if the judges are involved in corruption than neddless to say a citizen will not have faith in the system.

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