# Advice please re buying campo villa on protected land - Malaga area



## millepied (Sep 10, 2016)

I've found the posts on this forum really helpful in many respects but despite searches I can't find answers or even suggestions of where else to search in respect of this specific point.

We are close to buying a small villa in the campo outside Colmenar, Malaga. The house was built about 10 years ago, but is on 'protected land'.

Despite enquiries with our local solicitor we still have doubts about its legal status - and the risks involved in buying it - specifically whether the local Junta could have it demolished. I understand that this status applies to many houses in the area, and that the Junta have stated they are intent on 'regularising' the position. 

Our solicitor has said that insurance can be purchased that covers such risk - but has been unable to provide quotes - and separately I can't find such cover.

I'm sure this is not a unique position, can anyone kindly point us towards information sources, others experiences or observations which might help.

The villa is lovely, is ideal for us, but we don't want this shadow of worry hanging over us.

Thanks in anticipation!


----------



## Lynn R (Feb 21, 2014)

As I understand the position, it is properties built on protected land which are the most vulnerable to potential demolition orders, and they cannot be regularised under the Assimilado de Fuera de Ordenación provisions. I'll try to find some information to confirm that, although it will most probably be in Spanish so you might have to resort to Google translate.

I did find this on the SOHA website (Save our Homes Axarquia, an organisation which has been campaigning for several years about the issue of illegal houses). It refers to properties built on protected land being illegal rather than AFO, although it also refers to properties built within the last 6 years. I am not sure if that means both built on proteted land and built within the last 6 years, or either one. It might be a good idea to contact them for clarification as they are experts in this field.


http://soha.es/what-is-dafo/


----------



## The Skipper (Nov 26, 2014)

millepied said:


> I've found the posts on this forum really helpful in many respects but despite searches I can't find answers or even suggestions of where else to search in respect of this specific point.
> 
> We are close to buying a small villa in the campo outside Colmenar, Malaga. The house was built about 10 years ago, but is on 'protected land'.
> 
> ...


As a matter of interest, was your solicitor recommended to you by the estate agent?


----------



## Lynn R (Feb 21, 2014)

This article confirms that, despite recent changes in the law (which have themselves taken years to be passed), properties built on land designated for special protection by the Junta de Andalucia cannot be legalised.

El Parlamento aprueba regularizar 25.000 viviendas ilegales en Andalucía . SUR.es


----------



## millepied (Sep 10, 2016)

Wow! I just a few minutes I feel much better informed many thanks Lynn R - that website is very helpful (if not reassuring) as are your comments, please keep them coming!

re The Skipper - your enquiry makes me pause for thought...but we found this villa through local contacts, not via an estate agent - however, our solicitor is acting for the seller too - which in retrospect may not be ideal, although we have no reason to question their professionalism.


----------



## Lynn R (Feb 21, 2014)

millepied said:


> however, our solicitor is acting for the seller too - which in retrospect may not be ideal, although we have no reason to question their professionalism.


I would never want to use a solicitor who is acting for the vendor as well. I don't believe they can possibly be acting in the best interests of BOTH parties, especially in situations where a problem exists. Maybe in a perfectly straightforward purchase with no issues it would be OK, but in your situation? No way.

I would want to use a solicitor who is based some distance away from the area where the house is located, too, to lessen the chances of "local connections" with whom they have a cosy relationship coming into play.


----------



## hwmartin (Jun 22, 2015)

IMHO Walk away from it. I know you've probably fallen in love with the property. But it's not worth all the worry and stress.

There are LEGAL properties out there that you will fall in love with, you just have to search a bit more.

My partner and I went through exactly the same situation last year. It broke our hearts to do it, but we did walk away. We now have a lovely LEGAL villa in Mondrón (not a million miles from Colmenar) that is even better (in our opinion) than the one we tried to buy last year.

Incidentally, we used a Abogado (recommended to us by our UK solicitor) located in Marbella who was excellent and certainly saved us from making a huge mistake last year.

Good luck!


----------



## Madliz (Feb 4, 2011)

Walk away!


----------



## davexf (Jan 26, 2009)

Hola 

The basic principle with an illegal house is that after it has been built for six years, it is unlikely to be demolished unless it is to make way for a motorway etc. However, if it is on protected land, or in a flood plain etc, then it may be demolished BUT thanks to AUAN & SOHA who have tirelessly campaigned to get the laws changed, you will be compensated before the house is demolished. 

The advice to walk away is good; at best you can live in the house as it is; you cannot modify / extend it, and unless the land use is changed, you will not be allowed to demolish it and build a new house. 

Davexf


----------



## Roy C (Sep 29, 2012)

We are what seems to be in a similar position, a house on rustic land or non-consolidated urban and we have read through the SOHA info and taken advice. Although we love the house and area it is in, we have decided to go for a townhouse in either a town or village or a house in the country with a certificate of first occupation. Our solicitor is very good and in Colmenar.


----------



## Lynn R (Feb 21, 2014)

davexf said:


> BUT thanks to AUAN & SOHA who have tirelessly campaigned to get the laws changed, you will be compensated before the house is demolished.
> 
> 
> Davexf


I know that applies to "buena fé" purchasers, ie people who bought in good faith and were unaware of the illegality issues.

However, would the amendment in the laws apply to people who buy these properties subsequently, and knew of the problems before they bought? I think that's highly unlikely.


----------



## davexf (Jan 26, 2009)

Lynn R said:


> I know that applies to "buena fé" purchasers, ie people who bought in good faith and were unaware of the illegality issues.
> 
> However, would the amendment in the laws apply to people who buy these properties subsequently, and knew of the problems before they bought? I think that's highly unlikely.


Yes you're right - however just last month, while about to sign at the notaries, the purchaser asked about a certificate of first habitation and pulled out because one would never be available !!! 

Had they gone ahead - buying in good faith - what then ???

Davexf


----------



## millepied (Sep 10, 2016)

Again, many thanks for ALL contributions - I am so very grateful for the comments - even those of the 'walk away' type - because we are considering all options, including that one.

There is one aspect of my original question that hasn't been responded to - that of anyones knowledge of an insurance policy to protect against risks of demolition. While I am no lawyer I am wary of something to cover against a lawful charge - again, all comments welcome!


----------



## millepied (Sep 10, 2016)

So, to close this off, we've taken on board all the comments, and as we have been unable to satisfy ourselves we have indeed 'walked away' (all be it with a heavy heart).

On a positive note we have identified some key points to inform any future enquiries about a possible purchase which should stand us in good stead - in the meantime thanks again for all the responses.


----------



## Lynn R (Feb 21, 2014)

millepied said:


> So, to close this off, we've taken on board all the comments, and as we have been unable to satisfy ourselves we have indeed 'walked away' (all be it with a heavy heart).
> 
> On a positive note we have identified some key points to inform any future enquiries about a possible purchase which should stand us in good stead - in the meantime thanks again for all the responses.


So sorry, it must be very disappointing for you to have to give up on a property you really liked, but I do think you have done the best thing and probably saved yourself even more heartache in the long term. I hope you will find somewhere else soon.


----------

