Abusos Urbanisticos Almanzora No
Campaigning to safeguard our homes
AUAN Press release – 20th April 2010
Contact info@almanzora-au.org
Demolition order set aside.
One of the ‘Albox 8’ was the recipient of some good news yesterday when a judge ordered that proceedings to demolish their home should be set aside and the case re-tried. The Juntas’ objections were denied.
Their lawyer cited case law which included the Supreme Court ruling in favor of Helen and Len Prior to convince the judge that the homeowners had not been correctly informed of the proceedings against their home.
Tuesday, 20 April 2010
Tuesday, 13 April 2010
Letter from Catherine Bearder MEP (Liberal Democrat)
Dear Sir
Thank you for contacting me about abuses of property rights in Spain.
Liberal Democrat MEPs have a long and proud record of fighting the “Spanish land grab”, which is a very serious human rights abuse causing homelessness, loss of savings and anguish for many of my constituents and others. I share the deep anger at the way in which legitimate property rights have been undermined or even abolished. Although I am newly elected to the European parliament, my Liberal Democrat colleagues in the European parliament have taken a strong and active interest in the issue for 6 years, supporting from the beginning the campaign of “Abusos Urbanisticos-No”.
Over the last 5 years, the European Parliament has held a series of debates and adopted resolutions that make clear the view of MEPs that the phenomenon of the Spanish land grab is unacceptable and must be addressed by the Spanish government. Parliament's actions include:
· December 2005: Fourtou report on Valencian land law, debated and supported by the Parliament in response to 15,000 petitions from citizens. Parliament's resolution identified maladministration by Valencia's local authorities, urged action to remedy this and more assistance for those affected
· June 2007: Parliament adopts a resolution following a fact-finding visit to Spain, calling for Spanish authorities to set up committees to investigate and arbitrate where disputes arise, and for adequate compensation to be awarded where necessary
· March 2009: Auken report on the impact of extensive urbanisation in Spain adopted by the Parliament, calling for the introduction of effective redress
Liberal Democrat MEPs of course supported both the Fourtou and Auken reports. Despite all this European Parliament activity, the Spanish authorities have repeatedly argued that this is a “local” issue and that cases will be dealt with by the Spanish Constitutional Court.
In March this year the Petitions Committee deemed many of the issues related to the petitions on property rights to be unresolved. After discussions with the Spanish government and several petitioners, they called on the government of Spain and of the regions concerned to carry out a thorough review and to revise all legislation affecting the rights of individual property owners as a result of massive urbanisation. The aim of this was to bring an end to the abuse of rights and obligations enshrined in the EU treaties and Charter of Fundamental Rights, the European Convention of Human Rights and relevant EU Directives, as well as in other conventions to which the EU is a party. At the same time, the Committee called on the Commission to ensure strict respect for the application of Community law so that compliance with Parliament's resolutions on this matter can be assured.
This means that the case is by no means closed. Liberal Democrat MEPs are playing a very active role in pushing forward the Petition Committee's follow-up actions. Last year we sought to amend the EU budget to withhold European funding to the Valencia region until such a time that the government solves the land grab problem, but on procedural grounds, we were denied the opportunity to vote on this. We are currently pressing the Spanish Presidency of the EU to bring a new dynamic to addressing this unacceptable practice: in January, at the beginning of the Spanish Presidency, my colleague and member of the Petitions Committee Diana Wallis MEP personally asked the Spanish Prime Minister Jose Luis Rodriguez Zapatero to put an end to it. Together with the new momentum that is building up within the Petitions Committee, pressure on those with the power to change things can only increase.
You can be assured that I and my fellow the Liberal Democrat MEPs will continue the fight to protect the rights of EU citizens who own property in Spain and address this injustice for affected land owners which we believe offends against all European rights and values.
Thank you once again for contacting me. I hope this response has been of use to you.
Yours sincerely,
Catherine Bearder MEP
Thank you for contacting me about abuses of property rights in Spain.
Liberal Democrat MEPs have a long and proud record of fighting the “Spanish land grab”, which is a very serious human rights abuse causing homelessness, loss of savings and anguish for many of my constituents and others. I share the deep anger at the way in which legitimate property rights have been undermined or even abolished. Although I am newly elected to the European parliament, my Liberal Democrat colleagues in the European parliament have taken a strong and active interest in the issue for 6 years, supporting from the beginning the campaign of “Abusos Urbanisticos-No”.
Over the last 5 years, the European Parliament has held a series of debates and adopted resolutions that make clear the view of MEPs that the phenomenon of the Spanish land grab is unacceptable and must be addressed by the Spanish government. Parliament's actions include:
· December 2005: Fourtou report on Valencian land law, debated and supported by the Parliament in response to 15,000 petitions from citizens. Parliament's resolution identified maladministration by Valencia's local authorities, urged action to remedy this and more assistance for those affected
· June 2007: Parliament adopts a resolution following a fact-finding visit to Spain, calling for Spanish authorities to set up committees to investigate and arbitrate where disputes arise, and for adequate compensation to be awarded where necessary
· March 2009: Auken report on the impact of extensive urbanisation in Spain adopted by the Parliament, calling for the introduction of effective redress
Liberal Democrat MEPs of course supported both the Fourtou and Auken reports. Despite all this European Parliament activity, the Spanish authorities have repeatedly argued that this is a “local” issue and that cases will be dealt with by the Spanish Constitutional Court.
In March this year the Petitions Committee deemed many of the issues related to the petitions on property rights to be unresolved. After discussions with the Spanish government and several petitioners, they called on the government of Spain and of the regions concerned to carry out a thorough review and to revise all legislation affecting the rights of individual property owners as a result of massive urbanisation. The aim of this was to bring an end to the abuse of rights and obligations enshrined in the EU treaties and Charter of Fundamental Rights, the European Convention of Human Rights and relevant EU Directives, as well as in other conventions to which the EU is a party. At the same time, the Committee called on the Commission to ensure strict respect for the application of Community law so that compliance with Parliament's resolutions on this matter can be assured.
This means that the case is by no means closed. Liberal Democrat MEPs are playing a very active role in pushing forward the Petition Committee's follow-up actions. Last year we sought to amend the EU budget to withhold European funding to the Valencia region until such a time that the government solves the land grab problem, but on procedural grounds, we were denied the opportunity to vote on this. We are currently pressing the Spanish Presidency of the EU to bring a new dynamic to addressing this unacceptable practice: in January, at the beginning of the Spanish Presidency, my colleague and member of the Petitions Committee Diana Wallis MEP personally asked the Spanish Prime Minister Jose Luis Rodriguez Zapatero to put an end to it. Together with the new momentum that is building up within the Petitions Committee, pressure on those with the power to change things can only increase.
You can be assured that I and my fellow the Liberal Democrat MEPs will continue the fight to protect the rights of EU citizens who own property in Spain and address this injustice for affected land owners which we believe offends against all European rights and values.
Thank you once again for contacting me. I hope this response has been of use to you.
Yours sincerely,
Catherine Bearder MEP
Saturday, 10 April 2010
AUAN Press release - 10.4.2010
Abusos Urbanisticos Almanzora No
Campaigning to safeguard our homes
AUAN Press release – 10th April 2010
Contact info@almanzora-au.org
Five more homes under possible threat of demolition in Albox
Five more British families in Albox are facing the possible demolition of their homes.
They were summoned to court number 2 in Huercal-Overa on the 7th of April to be told that their builder Osvaldo Ceferino Martinez has been charged with planning crimes relating to the illegal construction of their homes in the ‘La Molata’ area of Albox.
The State Prosecutor is seeking the demolition of the five homes with compensation payable to the homeowners by the builder. The builder is also expected to pay the 65,000 euro cost of demolition. Sr. Martinez’s’ whereabouts is unknown to the homeowners at this time and there is some concern as to his financial status.
The families were given 3 days to appoint a lawyer and a procurator so that they can take part in the proceedings to defend their interests and claim compensation.
The case will now be sent to trial in Almeria.
Campaigning to safeguard our homes
AUAN Press release – 10th April 2010
Contact info@almanzora-au.org
Five more homes under possible threat of demolition in Albox
Five more British families in Albox are facing the possible demolition of their homes.
They were summoned to court number 2 in Huercal-Overa on the 7th of April to be told that their builder Osvaldo Ceferino Martinez has been charged with planning crimes relating to the illegal construction of their homes in the ‘La Molata’ area of Albox.
The State Prosecutor is seeking the demolition of the five homes with compensation payable to the homeowners by the builder. The builder is also expected to pay the 65,000 euro cost of demolition. Sr. Martinez’s’ whereabouts is unknown to the homeowners at this time and there is some concern as to his financial status.
The families were given 3 days to appoint a lawyer and a procurator so that they can take part in the proceedings to defend their interests and claim compensation.
The case will now be sent to trial in Almeria.
Monday, 5 April 2010
An open letter to the Mayor of Albox, the Town Council and the local PSOE party.
Sir
I represent no organisation or Group, I send this letter only as an individual, however, before you dismiss this as an inconsequential message from just one voter, it is quite likely that I speak with the voice of hundreds, perhaps many more. You will of course see that it is in English rather than your native tongue, something I make no apologies for. I have determined that I will not resume my Spanish language lessons until my house is made legal. What is the point. You and your comrades may well put me on to the streets.
Almost exactly 3 years ago, I attended a public meeting, where, through your interpreter, Jo Tissington, you appealed to an audience composed almost entirely of Ex-pat British people. At this meeting you suggested that because you were PSOE and the Junta Andalucia were also PSOE, you would have less trouble rectifying the problem of illegal homes. You knew then as you know now, this was and is totally untrue.
Since that time 3 years ago, it would be reasonable to ask what have you done to benefit the Ex-pat community. I thought long and hard about this and decided it was best to use the pro’s and con’s approach, so:
In your favour:
1. You appointed Jo Tissington as a liaison officer to help people understand the requirements for registration, health problems, licences and so on.
2. After a good deal of deliberation....... I gave up.
Against you:
1. You have NEVER organised a public meeting to explain to the ex-pat community just what the council is doing to help, or how this situation might be resolved (possibly because you have NO idea).
2. There are more people now without water and electricity supplies than when you took office. Are you REALLY suggesting that it is beyond your power to authorise the connection of services to houses in your municipality, or at LEAST appeal to the judiciary to allow such. If you cannot, what is the point of having a Mayor who cannot do anything except erect monuments to donkey’s
3. You have overseen the issuing of 9 demolition orders (10 if you include the one issued to Mrs Ella Dring).
4. More people have returned to the UK since you took office.
5. More businesses have closed since you took office.
6. I know of NO ex-pat houses legalised since you took office.
7. You appointed Jo Tissington as a liaison officer, then flatly refused to tell her anything that was going on regarding legality issues.
8. You are the Mayor of a Town which is dying on its feet. The erection of the monument of a donkey is perhaps extremely apt, for a council and town which are returning to the position they held 20 years ago.
The answer to all these problems lies in the legalisation of the homes of thousands of innocent people. Thousands, tens, indeed hundreds of thousands of Euro’s will be readily available, yet you do and promise nothing. What lunacy is this?
In another year from now, you will once again approach the ex-pat community, and appeal for their votes. Personally I have no idea who I will vote for at the moment, but in a year’s time, it will be going in favour of the party that guarantees connection of services, and a halt to this madness. Historically, you have shown your inability to deliver on promises, which does not suggest that you, your council or your party are the right choice; however, there is still a year to go.
Respectfully
I represent no organisation or Group, I send this letter only as an individual, however, before you dismiss this as an inconsequential message from just one voter, it is quite likely that I speak with the voice of hundreds, perhaps many more. You will of course see that it is in English rather than your native tongue, something I make no apologies for. I have determined that I will not resume my Spanish language lessons until my house is made legal. What is the point. You and your comrades may well put me on to the streets.
Almost exactly 3 years ago, I attended a public meeting, where, through your interpreter, Jo Tissington, you appealed to an audience composed almost entirely of Ex-pat British people. At this meeting you suggested that because you were PSOE and the Junta Andalucia were also PSOE, you would have less trouble rectifying the problem of illegal homes. You knew then as you know now, this was and is totally untrue.
Since that time 3 years ago, it would be reasonable to ask what have you done to benefit the Ex-pat community. I thought long and hard about this and decided it was best to use the pro’s and con’s approach, so:
In your favour:
1. You appointed Jo Tissington as a liaison officer to help people understand the requirements for registration, health problems, licences and so on.
2. After a good deal of deliberation....... I gave up.
Against you:
1. You have NEVER organised a public meeting to explain to the ex-pat community just what the council is doing to help, or how this situation might be resolved (possibly because you have NO idea).
2. There are more people now without water and electricity supplies than when you took office. Are you REALLY suggesting that it is beyond your power to authorise the connection of services to houses in your municipality, or at LEAST appeal to the judiciary to allow such. If you cannot, what is the point of having a Mayor who cannot do anything except erect monuments to donkey’s
3. You have overseen the issuing of 9 demolition orders (10 if you include the one issued to Mrs Ella Dring).
4. More people have returned to the UK since you took office.
5. More businesses have closed since you took office.
6. I know of NO ex-pat houses legalised since you took office.
7. You appointed Jo Tissington as a liaison officer, then flatly refused to tell her anything that was going on regarding legality issues.
8. You are the Mayor of a Town which is dying on its feet. The erection of the monument of a donkey is perhaps extremely apt, for a council and town which are returning to the position they held 20 years ago.
The answer to all these problems lies in the legalisation of the homes of thousands of innocent people. Thousands, tens, indeed hundreds of thousands of Euro’s will be readily available, yet you do and promise nothing. What lunacy is this?
In another year from now, you will once again approach the ex-pat community, and appeal for their votes. Personally I have no idea who I will vote for at the moment, but in a year’s time, it will be going in favour of the party that guarantees connection of services, and a halt to this madness. Historically, you have shown your inability to deliver on promises, which does not suggest that you, your council or your party are the right choice; however, there is still a year to go.
Respectfully
Saturday, 3 April 2010
A letter to Mr Ashworth (MEP)
Dear Mr Ashworth,
You may be aware of the situation affecting over 250,000 home owners in Spain. The Spanish authorities are threatening the lawful owners with demolition of their houses without compensation, or are imposing extortionate financial penalties. These judicial orders have been given under an arbitrary cancellation of building permits or a retroactive application of the law.
This issue is widely reported in the European press (simply enter “Spanish property scandal/abuse” in a search engine), yet the Spanish government is dismissing those claims as a mere infringement of building regulations by wealthy foreigners. This is not true: the families affected are mostly ordinary Spanish citizens, and retired foreigners, who are facing ruin and are being denied their most basic human right of a shelter and peaceful existence. These people are fighting their cases through the local courts, but are not being given justice. Their suffering is real. I know several of these people.
I have lived in Spain for the last 14 years (having purchased a business here in 1987) and am sickened by the corruption found here in almost every walk of life. This country is nearly the world's leading "Banana monarchy" !
Furthermore I would venture that as the ordinary man (Spaniard or other) has virtually no recourse to justice (due to the corruption and crass inefficiency of the system) this country cannot, therefore, be called a democracy.
We are asking you to support a motion for an urgent debate about the Spanish property abuses in the plenary session of the European Parliament and seize the opportunity of the Spanish Presidency of the European Union to solve the issue.
Yours sincerely,
John G. Deacon
You may be aware of the situation affecting over 250,000 home owners in Spain. The Spanish authorities are threatening the lawful owners with demolition of their houses without compensation, or are imposing extortionate financial penalties. These judicial orders have been given under an arbitrary cancellation of building permits or a retroactive application of the law.
This issue is widely reported in the European press (simply enter “Spanish property scandal/abuse” in a search engine), yet the Spanish government is dismissing those claims as a mere infringement of building regulations by wealthy foreigners. This is not true: the families affected are mostly ordinary Spanish citizens, and retired foreigners, who are facing ruin and are being denied their most basic human right of a shelter and peaceful existence. These people are fighting their cases through the local courts, but are not being given justice. Their suffering is real. I know several of these people.
I have lived in Spain for the last 14 years (having purchased a business here in 1987) and am sickened by the corruption found here in almost every walk of life. This country is nearly the world's leading "Banana monarchy" !
Furthermore I would venture that as the ordinary man (Spaniard or other) has virtually no recourse to justice (due to the corruption and crass inefficiency of the system) this country cannot, therefore, be called a democracy.
We are asking you to support a motion for an urgent debate about the Spanish property abuses in the plenary session of the European Parliament and seize the opportunity of the Spanish Presidency of the European Union to solve the issue.
Yours sincerely,
John G. Deacon
Wednesday, 31 March 2010
How to Help
From Marta Andreasen's office
What is currently happening?
Marta is now a member of the Petitions Committee in the European Parliament and has met some of you, either at her Brussels office or at the Soha march in Malaga. However, her focus remains to get the question of the Spanish property abuses debated in the plenary of the Parliament because the Petitions Committee does not have the power to request or impose any action. For this, we need help from all of you.
What can I do?
We need all nationalities concerned to write to their MEPs, and report back to me, as soon as possible. The window for debate in Parliament is not so wide, and we need to act fast: a large cross-party support is what this cause needs.
The steps are:
1. Find out who your MEPs are: see link below by country of origin.
2. Email as many as possible, in your own name (see below). There is no need to contact the EFD members (Europe of Freedom and Democracy), they are Marta's group and already support you. I have provided a short text for simplicity. You may add to it, but keep in mind that some may not read beyond a few lines.
3. Please write back to me with the names of the MEPs you contacted – please start the email subject with “MEP”. We will use this information in Parliament.
The largest group, by nationality, in alphabetical order are:
Belgique:
http://www.europarl.europa.eu/members/expert/groupAndCountry/search.do?country=BE&language=FR
Danmark:
http://www.europarl.europa.eu/members/expert/groupAndCountry/search.do?country=DK&language=DA
Deutschland:
http://www.europarl.europa.eu/members/expert/groupAndCountry/search.do?country=DE&language=DE
España:
http://www.europarl.europa.eu/members/expert/groupAndCountry/search.do?country=ES&language=ES
France:
http://www.europarl.europa.eu/members/expert/groupAndCountry/search.do?country=FR&language=FR
Nederland:
http://www.europarl.europa.eu/members/expert/groupAndCountry/search.do?country=NL&language=NL
Österreich:
http://www.europarl.europa.eu/members/expert/groupAndCountry/search.do?country=AT&language=DE
Sverige:
http://www.europarl.europa.eu/members/expert/groupAndCountry/search.do?country=SE&language=sv
United Kingdom:
http://www.europarl.europa.eu/members/expert/groupAndCountry/search.do?country=GB&language=EN
For all other nationalities, please find your MEPs following this link:
http://www.europarl.europa.eu/members/expert/groupAndCountry.do?language=EN
A suggested text to send follows.
Thank you all for taking the time to contact your MEPs - we must show a strong and organised face to Europe.
Best wishes of success,
Matthieu Laloux
Assistant to Marta Andreasen, MEP
laloux@gmail.com
*** ***
Dear Mr / Ms *<Name of MEP>*,
You may be aware of the situation affecting over 250,000 home owners in Spain. The Spanish authorities are threatening the lawful owners with demolition of their houses without compensation, or are imposing extortionate financial penalties. These judicial orders have been given under an arbitrary cancellation of building permits or a retroactive application of the law.
This issue is widely reported in the European press (simply enter “Spanish property scandal/abuse” in a search engine), yet the Spanish government is dismissing those claims as a mere infringement of building regulations by wealthy foreigners. This is not true: the families affected are mostly ordinary Spanish citizens, and retired foreigners, who are facing ruin and are being denied their most basic human right of a shelter and peaceful existence. These people are fighting their cases through the local courts, but are not being given justice. Their suffering is real. I am one of these people.
We are asking you to support a motion for an urgent debate about the Spanish property abuses in the plenary session of the European Parliament and seize the opportunity of the Spanish Presidency of the European Union to solve the issue.
Yours Sincerely,
<Your Name & Address>
What is currently happening?
Marta is now a member of the Petitions Committee in the European Parliament and has met some of you, either at her Brussels office or at the Soha march in Malaga. However, her focus remains to get the question of the Spanish property abuses debated in the plenary of the Parliament because the Petitions Committee does not have the power to request or impose any action. For this, we need help from all of you.
What can I do?
We need all nationalities concerned to write to their MEPs, and report back to me, as soon as possible. The window for debate in Parliament is not so wide, and we need to act fast: a large cross-party support is what this cause needs.
The steps are:
1. Find out who your MEPs are: see link below by country of origin.
2. Email as many as possible, in your own name (see below). There is no need to contact the EFD members (Europe of Freedom and Democracy), they are Marta's group and already support you. I have provided a short text for simplicity. You may add to it, but keep in mind that some may not read beyond a few lines.
3. Please write back to me with the names of the MEPs you contacted – please start the email subject with “MEP”. We will use this information in Parliament.
The largest group, by nationality, in alphabetical order are:
Belgique:
http://www.europarl.europa.eu/members/expert/groupAndCountry/search.do?country=BE&language=FR
Danmark:
http://www.europarl.europa.eu/members/expert/groupAndCountry/search.do?country=DK&language=DA
Deutschland:
http://www.europarl.europa.eu/members/expert/groupAndCountry/search.do?country=DE&language=DE
España:
http://www.europarl.europa.eu/members/expert/groupAndCountry/search.do?country=ES&language=ES
France:
http://www.europarl.europa.eu/members/expert/groupAndCountry/search.do?country=FR&language=FR
Nederland:
http://www.europarl.europa.eu/members/expert/groupAndCountry/search.do?country=NL&language=NL
Österreich:
http://www.europarl.europa.eu/members/expert/groupAndCountry/search.do?country=AT&language=DE
Sverige:
http://www.europarl.europa.eu/members/expert/groupAndCountry/search.do?country=SE&language=sv
United Kingdom:
http://www.europarl.europa.eu/members/expert/groupAndCountry/search.do?country=GB&language=EN
For all other nationalities, please find your MEPs following this link:
http://www.europarl.europa.eu/members/expert/groupAndCountry.do?language=EN
A suggested text to send follows.
Thank you all for taking the time to contact your MEPs - we must show a strong and organised face to Europe.
Best wishes of success,
Matthieu Laloux
Assistant to Marta Andreasen, MEP
laloux@gmail.com
*** ***
Dear Mr / Ms *<Name of MEP>*,
You may be aware of the situation affecting over 250,000 home owners in Spain. The Spanish authorities are threatening the lawful owners with demolition of their houses without compensation, or are imposing extortionate financial penalties. These judicial orders have been given under an arbitrary cancellation of building permits or a retroactive application of the law.
This issue is widely reported in the European press (simply enter “Spanish property scandal/abuse” in a search engine), yet the Spanish government is dismissing those claims as a mere infringement of building regulations by wealthy foreigners. This is not true: the families affected are mostly ordinary Spanish citizens, and retired foreigners, who are facing ruin and are being denied their most basic human right of a shelter and peaceful existence. These people are fighting their cases through the local courts, but are not being given justice. Their suffering is real. I am one of these people.
We are asking you to support a motion for an urgent debate about the Spanish property abuses in the plenary session of the European Parliament and seize the opportunity of the Spanish Presidency of the European Union to solve the issue.
Yours Sincerely,
<Your Name & Address>
Thursday, 18 March 2010
A blind alley
(Reproduced with kind permission of Per Svensson)
A blind alley By Per Svensson: A certainly well meaning Secretary for Europe in the British Foreign Ministry, Chris Bryant, has been on a lightning visit to Spain in an attempt to assist his countrymen who are experiencing serious problems with property purchases in the country. During a meeting in the British Consulate in Malaga an agreement was reached with the Secretary of State for Territorial Cooperation in the Spanish National Government, Gaspar Zarrias (previously the strong right hand of Ex-President Chavez in the Andalusia Government) and the Minister in Andalusia for Urban Affairs, Juan Espadas. The agreement was that the Junta de Andalusia would pay for a functionary “expert in urban matters, education, health and social services” to be placed in the British Consulate in Malaga to provide “information to residents in Spain … to avoid legal problems.” It is anticipated that a similar arrangement will be made in Alicante with an urban affairs expert from the Generalitat Valenciana. The British Ambassador and a number of associations defending the interests of people affected by urban planning abuses, or by the excessive use of the Law on the Coasts, were also at the meeting. The threats of demolitions I understand the interest of the victims groups to take part in any discussions which may affect their situation, hoping maybe that the meeting itself could help in resolving their real problems: the threats of more demolitions of foreigner’s dwellings. I also understand the intention of the representatives of the Andalusia and Valencia Governments, who are trying to find a cheap way out of their responsibilities for the abuses. There was nothing in the statements made by Mr. Zarrias to indicate that the demolition orders issued by the Junta de Andalusia would be withdrawn, and he stressed that the information given by their urban expert to residents had as its aim to prevent legal problems (meaning in the future). May we ask: Has this information not been available all the time in the offices of the vast number of private lawyers and real estate agencies, the office of the European Residents in the Alicante Provincial Government, the offices of the Defensores de Consumidores and notary’s offices, and on the web page of the property registrars in Spain? Even on the web pages of Ciudadanos Europeos the information has been available for years. So how could the scandals in Albox, Catral, Axarquia, Cartama, Mijas, Marbella, Bigastro, Zarra, Lliber or Montroi, just to mention a few, have happened? Information sources for trans-national property buyers Because the decision by a person in the north to buy a home in the south is mainly taken on a cold, rainy and windy, winter day, after viewing a film or TV report with palm threes and beautiful beaches, visiting one of the many property exhibitions or reading an advert about homes in the sun for sale. In almost every town throughout Northern Europe there is an active network of real estate agents offering properties for sale in Southern Europe. You do not need any special education or training to become such an agent, you must just have a phone/fax/e-mail. Almost none of them speak the language or know the laws of the countries in which they are selling. What they do know is that they will get 5-10% commission on the sales price when the client buys. The client is taken by the sales agent to the country where the property is located, or is met at the airport by a collaborator. He is not taken anywhere to get good advice. Almost invariably the visit ends with them signing a private sales/purchasing contract and paying a deposit. More and more trans-national property buyers are using the Internet for additional information but very few know they for instance should go to the web site of the “Ilustre Colegio de Registradores” of Spain to find the correct information. When using the Internet to search for information on property in Spain, almost all will enter “property in Spain.” I did so and found 133,000,000 entries. Having studying the 30 first entries, I saw they were all selling properties, or services connected with a purchase. The property registrars are not mentioned. I then typed “Spanish property registry” knowing well that almost no new property purchaser would be aware important information could be obtained there. I found 2,420, 000 entries, and after searching the first 30, found that the “Ilustre Colegio” was not amongst them. The entries were openly or disguised property sales. It was only when I searched specifically that I arrived at the Registrars site. Who would know to do that? Only those professionally connected with the sale of property in Spain, never an average buyer. The Consulates, a blind alley The British Embassy and Consulates have a good record when it comes to taking up the issue of abuse against their countrymen in Spain but they are blind alleys when it comes to solving the problems. Will victims of all nationalities go to one of the two British Consulates with their problems? Should potential new buyers be expected to approach Spanish functionaries sitting in those consulates before making a decision to buy? A ridiculous assumption. It is the year long battle of organisations like AUN, investigations by the European Parliament (re-read the Auken Report of almost a year ago from the EUP – there has still been no answer from the Spanish or the Valencia Governments!) and the reports in the foreign press, that have put pressure on Spanish politicians. I expect they will now all praise the agreement with the British Consulate in Malaga, brush their hands and say, “Now all foreigners can safely buy in Spain!” No, they cannot, and they should all be warned against trying to do so as long as innocent victims are still under the threat of losing their home, or having it vandalised by scheming “agentes urbanisticos” under the Valencia property laws; but still no proper, functioning information system has been set up. The Spanish Governments have disqualified themselves by not giving any form of answer or reaction to the year old Auken Report, approved by the European Parliament by an overwhelming majority. This valuable and accurate document must not be forgotten or ignored. We must go back to point 35 of the final conclusions in the Auken report which states: Once again (the Parliament) calls on the Commission to initiate an information campaign directed at EU citizens buying real estate in a Member State other than their own. A proposal for such a permanent information campaign within the framework of the European institutions has been submitted to one of the leading members of the European Parliament. That is the road.
A blind alley By Per Svensson: A certainly well meaning Secretary for Europe in the British Foreign Ministry, Chris Bryant, has been on a lightning visit to Spain in an attempt to assist his countrymen who are experiencing serious problems with property purchases in the country. During a meeting in the British Consulate in Malaga an agreement was reached with the Secretary of State for Territorial Cooperation in the Spanish National Government, Gaspar Zarrias (previously the strong right hand of Ex-President Chavez in the Andalusia Government) and the Minister in Andalusia for Urban Affairs, Juan Espadas. The agreement was that the Junta de Andalusia would pay for a functionary “expert in urban matters, education, health and social services” to be placed in the British Consulate in Malaga to provide “information to residents in Spain … to avoid legal problems.” It is anticipated that a similar arrangement will be made in Alicante with an urban affairs expert from the Generalitat Valenciana. The British Ambassador and a number of associations defending the interests of people affected by urban planning abuses, or by the excessive use of the Law on the Coasts, were also at the meeting. The threats of demolitions I understand the interest of the victims groups to take part in any discussions which may affect their situation, hoping maybe that the meeting itself could help in resolving their real problems: the threats of more demolitions of foreigner’s dwellings. I also understand the intention of the representatives of the Andalusia and Valencia Governments, who are trying to find a cheap way out of their responsibilities for the abuses. There was nothing in the statements made by Mr. Zarrias to indicate that the demolition orders issued by the Junta de Andalusia would be withdrawn, and he stressed that the information given by their urban expert to residents had as its aim to prevent legal problems (meaning in the future). May we ask: Has this information not been available all the time in the offices of the vast number of private lawyers and real estate agencies, the office of the European Residents in the Alicante Provincial Government, the offices of the Defensores de Consumidores and notary’s offices, and on the web page of the property registrars in Spain? Even on the web pages of Ciudadanos Europeos the information has been available for years. So how could the scandals in Albox, Catral, Axarquia, Cartama, Mijas, Marbella, Bigastro, Zarra, Lliber or Montroi, just to mention a few, have happened? Information sources for trans-national property buyers Because the decision by a person in the north to buy a home in the south is mainly taken on a cold, rainy and windy, winter day, after viewing a film or TV report with palm threes and beautiful beaches, visiting one of the many property exhibitions or reading an advert about homes in the sun for sale. In almost every town throughout Northern Europe there is an active network of real estate agents offering properties for sale in Southern Europe. You do not need any special education or training to become such an agent, you must just have a phone/fax/e-mail. Almost none of them speak the language or know the laws of the countries in which they are selling. What they do know is that they will get 5-10% commission on the sales price when the client buys. The client is taken by the sales agent to the country where the property is located, or is met at the airport by a collaborator. He is not taken anywhere to get good advice. Almost invariably the visit ends with them signing a private sales/purchasing contract and paying a deposit. More and more trans-national property buyers are using the Internet for additional information but very few know they for instance should go to the web site of the “Ilustre Colegio de Registradores” of Spain to find the correct information. When using the Internet to search for information on property in Spain, almost all will enter “property in Spain.” I did so and found 133,000,000 entries. Having studying the 30 first entries, I saw they were all selling properties, or services connected with a purchase. The property registrars are not mentioned. I then typed “Spanish property registry” knowing well that almost no new property purchaser would be aware important information could be obtained there. I found 2,420, 000 entries, and after searching the first 30, found that the “Ilustre Colegio” was not amongst them. The entries were openly or disguised property sales. It was only when I searched specifically that I arrived at the Registrars site. Who would know to do that? Only those professionally connected with the sale of property in Spain, never an average buyer. The Consulates, a blind alley The British Embassy and Consulates have a good record when it comes to taking up the issue of abuse against their countrymen in Spain but they are blind alleys when it comes to solving the problems. Will victims of all nationalities go to one of the two British Consulates with their problems? Should potential new buyers be expected to approach Spanish functionaries sitting in those consulates before making a decision to buy? A ridiculous assumption. It is the year long battle of organisations like AUN, investigations by the European Parliament (re-read the Auken Report of almost a year ago from the EUP – there has still been no answer from the Spanish or the Valencia Governments!) and the reports in the foreign press, that have put pressure on Spanish politicians. I expect they will now all praise the agreement with the British Consulate in Malaga, brush their hands and say, “Now all foreigners can safely buy in Spain!” No, they cannot, and they should all be warned against trying to do so as long as innocent victims are still under the threat of losing their home, or having it vandalised by scheming “agentes urbanisticos” under the Valencia property laws; but still no proper, functioning information system has been set up. The Spanish Governments have disqualified themselves by not giving any form of answer or reaction to the year old Auken Report, approved by the European Parliament by an overwhelming majority. This valuable and accurate document must not be forgotten or ignored. We must go back to point 35 of the final conclusions in the Auken report which states: Once again (the Parliament) calls on the Commission to initiate an information campaign directed at EU citizens buying real estate in a Member State other than their own. A proposal for such a permanent information campaign within the framework of the European institutions has been submitted to one of the leading members of the European Parliament. That is the road.
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