# Illegally built Spanish properties



## Chimaera (Aug 12, 2015)

There has been widespread coverage and comment in the press and on the internet about properties that have been built illegally in Andalucia. It would appear that this issue seems unique to Andalucia - why? I'd be interested to know if this is an ongoing problem in other regions that hasn't been publicised?


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## Pesky Wesky (May 10, 2009)

Chimaera said:


> There has been widespread coverage and comment in the press and on the internet about properties that have been built illegally in Andalucia. It would appear that this issue seems unique to Andalucia - why? I'd be interested to know if this is an ongoing problem in other regions that hasn't been publicised?


I'm not sure what you mean by widely publicised. In Spain, In the UK or regionally?
I know of several cases in Cantabria which receive attention (not sure how much, but definitely some) in the local press, occasionally in national, and there are some illegal builds in almost every corner of Spain.
However, there are by far more cases in Andalucia than in any other area and many, but not all were built with the foreign buyer in mind. In Cantabria the buyer is much more likely to be Spanish and in Madrid too. Also, the number of houses are less and if they are on urbanizaciones these urbs are likely to be much bigger in the south or there may be small ones, but all grouped together.
So, I think the media attention depends on 
where they were built
who bought
how much "damage" they did
And maybe who built them and when they were built will also influence the amount of attention given to them.


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## thrax (Nov 13, 2008)

Many of the illegal builds were undertaken after the buyers were granted illegal licences by their townhall. Unfortunately, ignorance and a lack of knowledge compounded the issue and many of these homes, deemed illegal, are under threat of being demolished. However, there is a ray of hope as a local Mayor (I can't recall his name) has been championing this issue and a group of owners under this threat (SOHA) have been working closely with him and there is now a strong belief that many of the demolition orders will be withdrawn and the homes made legal.


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## davexf (Jan 26, 2009)

Hola

AUAN & SOHA combined have had the laws of Spain changed to make compensation mandatory before demolition in the vast majority of cases, if not all. They are continuing to "fight the good fight" and deserve the gratitude from all people for changing this situation. 

The illegal builds were caused by many reasons and not all urbanisations are legal and not all campo houses are illegal. 

I'm curious as to what the OP expects as a response and the cause behind it

Davexf


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## Chimaera (Aug 12, 2015)

davexf said:


> Hola
> 
> AUAN & SOHA combined have had the laws of Spain changed to make compensation mandatory before demolition in the vast majority of cases, if not all. They are continuing to "fight the good fight" and deserve the gratitude from all people for changing this situation.
> 
> ...


I was merely asking as part of research on a proposed move to Spain and in light of a recent article:

! Spanish News Today - Fuerteventura Grandmother Jailed For Refusing To Demolish Illegal House Is Released

I am aware of the groups mentioned given they appear to be mainly made up of expats whose activities are then reported in the UK press, and in English on the internet. I was wondering if other regions of Spain and Spaniards been affected and any publicity associated with those protests might be beyond the reach of my access with limited Spanish. Given that members on here are spread far and wide geographically in Spain, and this is a forum to ask questions, I just thought I'd ask.


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## baldilocks (Mar 7, 2010)

Illegal builds often involved the former time-share touts who reinvented themselves as property developers. They would approach the mayor of a small town or village and suggest to him, that, if he would grant licences to build on a patch of land, they would cut him in on the deal. The intention was that many of the properties thus built would be sold to foreign buyers who would be none the wiser and not suspect that they were "illegal builds."

The properties were built and mostly sold as per the projected plan. The buyers were none the wiser and the profits were duly shared. The developers being well aware that what they had created was a ticking time-bomb, moved on with their ill-gotten gains and into obscurity, often with another name, etc. The Andalucía government started sniffing around and realised what a huge scam had been perpetrated. The instigators were nowhere to be found, only the gullible mayors.

The Junta de Andalucía decided it could not condone this and ordered that the illegal builds be demolished. Similar illegal builds have been identified in other parts of Spain but nothing like to the same extent as in Andalucía. Why should there be so many in Andalucía? Because there are so many foreigners looking for a "Place in the Sun."


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## davexf (Jan 26, 2009)

baldilocks said:


> Illegal builds often involved the former time-share touts who reinvented themselves as property developers. They would approach the mayor of a small town or village and suggest to him, that, if he would grant licences to build on a patch of land, they would cut him in on the deal. The intention was that many of the properties thus built would be sold to foreign buyers who would be none the wiser and not suspect that they were "illegal builds."


Hola

Of the 16,500 illegal properties in Chiclana, fewer than 2,000 are owned by foreigners; therefore the majority are owned by Spanish people albeit from Seville, Cordoba, Madrid amongst others 

Davexf


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## Pesky Wesky (May 10, 2009)

davexf said:


> I'm curious as to what the OP expects as a response and the cause behind it
> 
> Davexf


This is a curious question to me. Illegal building in Spain is pretty big news in the UK so I would imagine it could be a major area of concern for those thinking of coming here to live.



Chimaera said:


> I was merely asking as part of research on a proposed move to Spain and in light of a recent article:
> 
> ! Spanish News Today - Fuerteventura Grandmother Jailed For Refusing To Demolish Illegal House Is Released
> Actually, she's not in jail any more. El País in English is a very good source of Spanish news for non Spanish speakers
> ...





baldilocks said:


> Illegal builds often involved the former time-share touts who reinvented themselves as property developers. They would approach the mayor of a small town or village and suggest to him, that, if he would grant licences to build on a patch of land, they would cut him in on the deal. The intention was that many of the properties thus built would be sold to foreign buyers who would be none the wiser and not suspect that they were "illegal builds."
> 
> The Junta de Andalucía decided it could not condone this and ordered that the illegal builds be demolished. Similar illegal builds have been identified in other parts of Spain but nothing like to the same extent as in Andalucía. Why should there be so many in Andalucía? Because there are so many foreigners looking for a "Place in the Sun."


Just as many others were built by people directly involved with the town halls - or their cousins, best friends, or just people with clout.
And there must have been members of the Junta involved as well, surely?


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## Isobella (Oct 16, 2014)

Remember AIFOS a large nationwide property developer, run by a Husband and wife who started out running a jewellery shop in Córdoba. They have robbed as many Spanish as foreigners, specialised in taking deposits for land not only not received planning permission but they had not actually bought it.

However, let us not forget there are thousands of legal properties in Andalucia too, just have to be careful.

http://www.surinenglish.com/2014103...aifos-goes-into-liquidation-201410311543.html


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## Roy C (Sep 29, 2012)

I've wondered about this on our house search and I think the safest bet is to buy an old town house in a village or town. Although no doubt they all have their problems you won't have it demolished I guess. No doubt i'll be corrected.


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## baldilocks (Mar 7, 2010)

Roy C said:


> I've wondered about this on our house search and I think the safest bet is to buy an old town house in a village or town. Although no doubt they all have their problems you won't have it demolished I guess. No doubt i'll be corrected.


I'll go along with that and that is what we did but it was not avoid illegal builds but because that is the environment we wanted. There are a few illegal builds around here but those are more because people built on their own piece of land and that wasn't zoned for residential use.


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## Pazcat (Mar 24, 2010)

No, you are about right Roy. Some areas are likely better than others but we found it rare to find a house that you could take to the notary the next day and buy fully legal.

These mass illegal builds are just one form illegal property, there are no end of ways a property can be suspect even if they are in no threat of demolition. You just need to be careful and do things thoroughly and eventually you will get there.

I must stress though I can only speak for our experience buying on the outskirts of Alicante city, who knows things may have been a lot easier if we wanted to buy in the town itself or as you say a townhouse in a village.
But it certainly isn't just an Andalucian thing even if that is where a lot of the problems are.


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## Pesky Wesky (May 10, 2009)

Roy C said:


> I've wondered about this on our house search and I think the safest bet is to buy an old town house in a village or town. Although no doubt they all have their problems you won't have it demolished I guess. No doubt i'll be corrected.


I think you're probably right, although as Isobella said there are of course, far more legal properties in Andalucia and Spain than illegal.

Just one more thing, the properties don't have to be new to be illegal. They may be 20, 25 years old, and perhaps the house isn't illegal in itself, perhaps it's an alteration or addition.


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## Chimaera (Aug 12, 2015)

Thank you all for the replies and links. It really helps to gain some perspective by hearing of others experiences.


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## Lynn R (Feb 21, 2014)

Roy C said:


> I've wondered about this on our house search and I think the safest bet is to buy an old town house in a village or town. Although no doubt they all have their problems you won't have it demolished I guess. No doubt i'll be corrected.


I've been saying that to people on forums for years. We bought just such a house because it was the kind of property and location we wanted to live in, anyway, but I certainly do think it is easier to find one which doesn't have legal issues.

Which is in no way to say such properties will always come without issues like unregistered alterations, but they are much easier to fix provided a certificate of antiquity can be obtained (at the vendor's expense of course) and the escritura amended by the notary at the time of sale. Some friends of ours have just done this.

I think properties on long established urbanisations (20 years or more) would likely be less problematic too, although again they may have unregistered extensions or swimming pools for which licences were never obtained.


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