Bad news re Rustic Fincas - Alhaurin el Grande/Coin - Malaga
Posted: 26 November 2012 05:37 PM  
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Copied from a local forum…

I had a letter last week ordering me to town hall this morning. I took my solicitor with me & we were told a new law has just come in that we are not allowed to live in our finca. I own it outright have it all legalised, paid all the taxes on it for 11 years, but because it is on rustic land we can only live there at weekends!!! Ridiculous bloody spain!! All campo properties are going to get gradually called in & told.
Townhall said donĀ“t worry we are fighting the ruling for you.
Part of the new law is properties under 4 years old will be knocked down.
I asked if I was spanish would I be receiving this order & they said yes.

This is so horrid! I am wondering how many of my neighbours (in the pueblo) will also be affected, as basically all of them are elderly and their (grown up) children (and their families) live in the original campo houses.

Isn’t this a very sad state of affairs!

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Posted: 26 November 2012 08:21 PM  
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Someone has given a bit more info on this - that if a property is classified as ‘Vivienda’ (living) then it should be OK for 24x7 occupancy. If however it is ‘Casa de Campo’ then it was only ever intended as weekend/ occasional use (not a permenant dwelling)... but until now they have never enforced it..

Sign of the times :(

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Posted: 04 December 2012 08:25 PM  
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This topic was covered by ‘The Sur in English’ last Friday (30/11/12) but it didn’t really go into a lot of detail. (Apparently the reporter is trying to get the local Town Halls side of the story before going into more detail.) The essence of the reporters message was ‘Don’t worry.’
But for those that face eviction in five months time, this is a worrying time.

It would appear that any house built after 2002/2004 (vague as you would expect), and does not have a full and current Escritura for ‘Vivienda’ in place is being scrutinzed. 
Some home owners have already spent over Eu8,000 bringing the Escritura up to date in the land registry. (I am sure many of you are aware that homes are often sold on a Compraventa and never put into the current owners name - mainly to avoid taxes. But this has been the subject of new rulings in the past years and people have having to update it/pay back taxes.)  However, despite this (the escritura being up to date), the new situation is that the Junta de Andalucia are gunning to enforce the rules and as a consequence if it is it not challenged, will make several thousand people (in our area at least), homeless!

Only time will tell how far this madness continues and its outcome.

(Apparently the local town hall are arguing the case, but that of course is no guarantee against a state ruling.)

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Posted: 16 January 2013 04:30 PM  
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Further - ‘bad’ news I’m afraid on this topic.  (Please do however, check with a reputable lawyer - if you can find one wink who will either confirm or not this latest bit of info…

It would appear that part of the matter being scrutinized is that none of the 10,000 properties? (this is a guestimate - but probably at least 5,000 if not more?) in the Gualdahorce Valley ever applied for a ‘Licence of First Occupation’.. NB I don’t know what year this law came into being. And also - many of these properties are fincas of 100+ years old!  Therefore, in theory, although REGISTERED LEGALLY AT THE STATE REGISTRY office, they are now considered in infringement of the law… and in theory could be demolished.

Please note - this is Spanish law being an ass again - as most of these people have a full ESCRITURA.. and therefore, should be recognised as legal, but it would appear someone has decided they are not?

NB I have been told (private source - so please don’t ask wink... that only 6 properties in the whole of the area have ever applied for Licence of First Occupation and are complying with this latest ruling.

I feel so sorry for those affected.

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