Illegal british homes saved in landmark spanish ruling

Almeria, Spain, where the holiday home dreams of many Brits faced demolition Photo: Joa

The houses, which were purchased by Britons in good faith 10 years ago were found to be constructed on rural land as opposed to urban land, deeming them illegal.

The verdict, awarded by Judge Maria Teresa Vidaurreta Porrero, though, ruled that seven homes in Almeria would not be bulldozed. Instead, the properties will be "regularised", rather than fully legalised, reports The Times. Some of the owners will also be awarded €142,800 in "moral damages" for "10 years of uncertainty over the future of their houses and the suffering which went with it".

Gerardo Vazquez, who represented two of the affected families, whose properties ran the risk of demolition even though there were purchasers in good faith, called for wider legal reforms to help save homeowners who bought homes in good faith from becoming victims of planning illegalities.

Maura Hillen, President of Abusos Urbanisticos Almanzora NO (AUAN), which campaigns against enforced demolition welcomed the result: "For the British the issue of illegal houses is like a upside-down lottery, where they have the bad luck to buy an illegal house, they have to fight for it for 10 years, they might die in the process, that everything depends on the interpretation of the judge, that there is insufficient clarity in the Penal Code and that if they demolish they get a piece of paper that says don’t worry, you will be paid afterwards; a payment, that for certain will never materialize, as we know only too well in this area. After all that, if you don’t die first, you’re left out in the street with your bags, without money and without a house. A grim scenario which can be avoided by changing the law."

Susana Diaz, President of the Junta de Andalucía, spoke about illegal houses last month in the Andalusian Parliament, saying that the issue "affects thousands of families and that cannot be ignored by the Administration".

"You are aware that a significant number of buildings have been constructed, the majority some time ago, on non urbanizable land and that the proscription period allowed for the restoration of legality has now passed," she said.

"We cannot, by any means, allow them to remain in a limbo of judicial uncertainty, and for this reason my Government is going to propose to Parliament a Change to article 185 of the Planning Law of Andalucía which will make it possible to regularize thousands and thousands of houses in Andalucía."