A Spanish court has handed down a landmark decision by awarding compensation to four British families who were caught up in the illegal property sales scandal in Andalusia.
Thousands of British people bought properties in Spain in the late 1990s and early 2000s. Many of them found out only too late that their homes would never be legal.
A court in Almeria ruled that the four families in question had purchased the properties in good faith.
It ordered the developers to pay "moral damages" of between €40,000 and €50,000 to three families for the suffering and anxiety they have faced over the last 10 years. They must also pay a fourth British family, whose property was never completed, €7,800 in damages to cover their rental costs.
Two developers received one-year prison sentences for planning offences.
The court also ruled that if the developers do not pay then the local council must. The judge decided that the council’s poor controls and performance made it seem that the properties were legal, despite knowing the land could not be built on.
The judge further rules that no demolition could be carried out on these properties, believing that there is a chance they may yet be legalised.
It took a decade for this case to be heard and it may be the first time a court has awarded moral damages to owners of illegally-built properties.
The regional government in Andalusia last month indicated laws could be changed to recognise the properties built on non-urban land.
Some 300,000 illegal homes are in Andalusia.
Comments
Firstly - be aware that all the 10 years of time wasting was entirely avoidable. The aim was to drive the British off.
Then consider this more likely scenario. The judge insists all the lawyers are paid for their 10 years work - say 50,000 euros - before hearing the case.
The judge is well aware that the builder and municipal will happily squabble for the next 10 years until the case is out of time. So another 50,000 euros is wasted on Spanish lawyers.
Finally the British do get the message and .... GO !
Too often us British think 'EQUIVALENCE' - that a judge or lawyer is interpreting their countries law fairly. And is controlled by their professional ethics and culture. As in the UK.
WRONG. Always think of the most low and shabby behaviour - then be 'gob smacked' that the Iberian always intended something far worse.
Quite obviously no one enters a less developed EU country intending to lose their 'life savings' or 'retirement'. Entirely unaware that that country actually teaches 'hostility' to the British.
As so many of us British have, in our ignorance, done.
Also there is also that 'cronyism' that these Iberian compadres have - that we can never appreciate. With no sense of 'doing wrong'.
So, having hung out together as kids - a local municipal tecnico can do dodgy work with a local lawyer, local bank worker, local estate agent, local tax officer, local accountant, local police and all, to screw up - as a team - the Brits life out here.
There is a gulf between the four cases considered and the 299,996 further cases waiting in the wings.