British couple are the first expats to see their home demolished as Spanish government clamps down on illegal builds.
A British couple saw their dream retirement home in Spain demolished last week in a move by the Spanish government which threatens thousands of properties built on the Spanish costas.
Helen and Leonard Prior, from Berkshire, spent £570,000 having their dream villa built in Vera, Almería four years ago. But last November Spain's socialist government announced they were going to pull down all illegally built properties which have been erected on the 480 miles of greenbelt land on the country's coastline. This is a result of the Estrategia de la Sostenibilidad, or Strategy for a Sustainable Coast, a report recently carried out for the Ministry of the Environment.
The new coastal strategy looks at the Ley de Costas act of 1988, which established the shore and beach are of public domain, and allows for right of way six metres wide along the whole of the coast. The 100 metres behind this can only be used for sport complexes or farmland.
There are plenty of properties in Spain that do not comply with these requirements but many of them date from before this act. However, some properties have still been built since 1988, with clear disregard for the rules.
Despite buying their properties in good faith, many other expats now face having their homes demolished due to this coastal strategy, and a vast number of other Brits who were planning to buy a property in Spain are now very cautious.
There is a lot of confusion at the moment to exactly what the law is and how people can tell if their dream home in Spain has been built illegally.
Peter Esders, Spanish specialist for The International Law Partnership, says: "There are two separate issues with planning permission in Spain at
the moment. The first is properties built without planning permission. In these cases there is always the risk the authorities will discover the illegal construction and order the property to be demolished, just like in any other country. Anyone buying a property should employ an independent lawyer to check there is planning permission and they should quickly be able to establish whether there is planning permission or not.
"The second issue is much more complicated, and that is where planning permission has been granted but the planning permission was granted illegally by the authorities. There has been cases where developers have managed to secure planning permission where they should not by allegedly bribing officials to issue planning permission. Even an independent lawyer is not going to be able to check whether this is the case but it is still important to appoint one in any event.
"If planning permission has been granted illegally it doesn’t seem just that an innocent party would have their property demolished because of corruption by the developer and Town Hall officials who granted this illegal planning permission. This has affected many people and undoubtedly some will have their properties knocked down as a consequence because a message has to be given by the government that this practice will not be tolerated. Undoubtedly, the Spanish property market has been affected by these scandals. Having said that, I do not expect all properties that are affected to be demolished, because to do so would leave the government with too many unhappy home owners and no confidence in the market.”
Antonio Guillén, a lawyer at law firm DWF, believes a many illegally built homes will escape the bulldozers, simply due to the amount of work involved. However, those who have bought private villas are more vulnerable than anyone who has purchased a property on a development.
"The budget allocated for this purpose, €5bn, is not enough to tackle the problem in full," he says. "Demolition would cost a fortune.
However, those most likely to be affected are the owners of detached dwellings as these are easier and cheaper to demolish, and at the same time cause less damage to the government’s image.
While it is not good news for some owners, whose properties are placed within the protected 100 metres, the reasons behind the strategy are not only aesthetic but also environmental. For example, take the situation in La Manga. Experts are extremely concerned this patch of land between two seas could be flooded in a few years due to excessive building.
"There is, without doubt, a plan by the Spanish Government to recover 770 kilometres of coastline. There will be some repossession of properties but it is unlikely to affect big developments as the budget allocated is too small, compared to the amount of work needing to be done.
"So, if you already own property that is built within 100 metres from the sea, there is nothing you can do but wait, hope your development is not targeted. On the other hand, those thinking about buying in Spain should not be put off by this strategy. You just need to make sure there is a building permit in place, and the lawyer you appoint is satisfied with the legal situation in regard to the development."
Mr and Mrs Prior, both in their 60s, have been promised compensation but no amount of money can make up for the years they have spent working towards their dream, only to see it wiped out.
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