Some encouraging property news says the British Ambassador

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  • #56089


    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…/some_encouraging_property_news

  • #102790


    “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


    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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