As an established
property auction
house in Marbella we
pride ourselves on
ensuring due
diligence is carried
out before we offer
a property via
auction. However,
after the most
recent of press
releases about the
ongoing cases of
illegal buildings in
Marbella, we have
had several sales
failing to complete
as now the banks
have decided they
will not lend on
properties without
the first occupation
license in place.
To this effect we
have now discovered
a detailed plan from
the Town Hall which
shows developments
in Marbella deemed
to be illegal, from
overbuilding to
having been built on
green belt land. We
are investigating
further to find out
the names of these
developments, which
run into several
hundred in the
Marbella area alone,
and we will be
publishing a list of
them on our website
shortly.
Anyone interested on
keeping up with this
ongoing saga can do
so by logging onto
www.direct-auctions.com
and registering on
for our newsletter.
We will be sending
out regular updates
on news as it
becomes known to us.
For anyone not
understanding the
Spanish purchasing
system, planning
regulations here are
a bit of a
nightmare. The last
legal plan for
proposed building in
Marbella was agreed
by the higher
authorities in 1986
and because of the
latest scandals,
this is the plan
being referred to
now. Every year the
local town hall
applies to extend
its area for
building which is
either approved or
struck out
accordingly. Town
halls make the
majority of their
revenue from
granting licenses
and then of course
the yearly ‘rates’
charged, so they are
always keen to grant
licenses to
builders. Builders
on the other hand
buy land speculating
on the fact that at
some stage in the
future with the
growth in population
and demand for
second homes they
will eventually be
zoned to build.
The main problem has
been that the actual
town hall registered
population has NOT
massively increased,
which meant that the
higher authorities
would normally NOT
grant extra building
land.
Enter Jesus Gil Gil,
who became mayor and
then granted
numerous building
licenses in
conjunction with Snr
Roca! Also they
allowed extra
building for example
an extra level on
apartments or a few
more houses in a
development.
Due to the system in
Marbella and Spain
as a whole, one
cannot fail to see
it is based on
default. So, once a
development has been
completed, the
developer applies to
the town hall for
the first occupation
license, which can
be used to request
Sevillana to connect
individual
electricity and the
water board to
connect the supply.
BUT if the town hall
official does not
turn up within 3
months of the
request, then the
license is granted
by way of
‘administrative
silence’ and so
everything goes
ahead, the most
important being the
granting of the
title deeds,
innocent people then
move in to their new
homes, banks demand
mortgage payments,
properties are
bought and sold
with, hopefully,
profits made.
Now one has to
understand the
Spanish way of
things. The Manana
attitude is not so
much because of the
people but because
of the red tape
surrounding
anything. And so the
Spanish know that at
some stage the
licenses will come
through and all will
be well. Indeed we
have had Spanish
buyers purchasing
through us with not
a worry in the
world, even after we
have pointed out the
lack of license.
However, the
government has made
up its mind to make
an example of
Marbella – what
better place than
this, known
throughout the
world. There are
similar allegations
and many more
officials throughout
every province in
Spain who are either
resigning or are
being locked up over
the same crimes.
It is likely there
will be demolitions
in Marbella, this
will have to happen
as Spain has to be
seen to be
addressing the
problem.
The local government
has been provided
with over 6 million
euros to cover the
cost of carrying out
these demolitions
which will be
recovered from the
innocent owners of
the demolished
properties.
Yesterday
(13th
December 2006) 334
demolition orders
were ordered in the
High Court of
Seville. We are
trying to find out
where these are.
Owners will be given
leave to appeal but
if owners do not
live in their homes
and do not collect
their post, then
they will not know
about this. Leave of
appeal could be as
little as 30 days!
From today we will
be ensuring all the
properties we offer
for sale have EVERY
relevant document in
place and this will
be highlighted on
our website
www.direct-auctions.com
Any
owners having to
sell without
licenses can only
take comfort in the
fact we are able to
sell their units,
but the lack of
license will come at
a cost.
Please log onto our
website
www.direct-auctions.com
and sign up for our
newsletter – we will
update all
registrees as soon
as we have more
information on the
list of illegal
builds and
demolition orders.
For further
information contact
Inez Rix (0034) 952
817 673 / 0871 990
30 90 E:
inez@direct-auctions.com
.