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Illegal Buildings

03/11/2010

An amnesty will just encourage the next wave of illegal builders. There was an amnesty for illegal building in the late 1980's I understand.

"A firm line drawn", says Howard Brereton of Typically Spanish and TRE. There were firm lines and they have been ignored. Cases like the Priors where the town hall and the Junta de Andalucia are fighting to prove that the property is illegal, should be settled in the courts without the emotive display of a house being demolished.

Anarchy, greed and some selfishness appears to be in the Spanish culture and nature. The individual will do what he wants to do no matter what how it affects others. Demolition is bad and easily defended emotionally. However, it is much more difficult to get worked up about somebody trying to protect their finances. There should just be an embargo on the property for its whole value plus say 20% for costs. Rental or transfer of occupation of any kind is prohibited. When the owners move on, for whatever reason, the land transfers to the town hall who have to demolish it. In addition, a fine and special annual tax would also be levied on the occupiers, original promoter, building contractor, architect and 'arquitecto técnico' of illegal properties for as long as the property lasts. If a bank has given a mortgage over it, include them too and the lawyers of all parties involved. If people aren't going to get a profit and it's going to cost them more to live there, they are not going to build the houses. That way the illegal builders are penalised; the finances of the town halls are improved; and the environment, infrastructure and amenities are protected for the public as a whole from the 'graffiti' of illegal building.

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Campbell D Ferguson
F.R.I.C.S. Chartered Surveyor
Survey Spain
00 34 952 923 520

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