illegal building licences Marbella

HOMES FROM HELL INTERVIEW

Last weekend was interesting as I was helping the ITV programme ‘Homes from Hell’ as an expert, following an article that I wrote some time ago called ‘Meltdown in Marbella’.  The latter was about the rampant corruption in Marbella that was (hopefully) brought to an end by Operation Malaya, the dissolution of Marbella town hall in 2006 and the on-going prosecution of some 95 people.

Certainly, what occurred with regard to the issue of illegal building licences in Marbella was appalling and has had a diabolical affect upon the lives of many people who bought property in Marbella.  Indeed, it is hard to think of a worse nightmare than finding out that your home is illegal and could be faced with a demolition order.  That is a long way from the new, dream life anticipated by many people when they moved to Marbella.

Of course, the authorities in Marbella are hard at work trying to sort out the mess left by the boom years and the actions of Gil y Gil and Roca (amongst others).  However, it would seem that the ‘obvious’ solution of legalising some of the illegal property in Marbella is not going to be as straightforward as the Marbella authorities may have hoped.  Indeed, I gather a Spanish high court has declared illegal the Marbella authorities attempt to legalise some of the illegal properties.

If you find all of this confusing then you will not be alone!  However, this matter is set to ‘run and run’ – whilst continuing to harm Spain’s reputation as somewhere safe in which to buy property.

Needless to say, all of this touches on much of my Spanish property related writing and was one of my reasons for writing my book ‘How to Move Safely to Spain’.

I suppose coming back from Marbella I was yet again ambivalent about Spain and the property situation here.  On the one hand it is unquestionable that you can buy property in Spain (or Marbella!) safely.  After all, the entire population of Spain is not living in illegal property in Spain!

However, a significant minority of properties in Spain are ‘problematic’ and so, to buy property in Spain - you must be very, very careful!!

Indeed, before coming here to buy, for Heaven’s sake do some research and, if I may be self-serving, at least buy my book – or, at worst, someone else’s that will provide you with the advice that you need.  And, believe me, you do need it and the advice may save you, quite literally, from losing everything you have.

In any event, if you do nothing else when buying property in Spain:

1.  Get an independent (of agents, developers, property sellers, financial advisors etc.) specialist conveyancing lawyer who speaks English (or your native language) fluently.

2.  Get your lawyer to place all his advice in writing to you – everything including an analysis of your proposed property and its legalities.

3.  Trust no-one completely and never, ever sign anything unless it is in front of your lawyer.

4.  Get a mortgage from a reputable bank (even if you do not need one!).  This way you will find the bank doing its own due diligence – to back that of your own lawyer.

5.  Always use a properly qualified surveyor and never be rushed – it is always better to lose out on an incredible property rather than buy a disaster!

Finally, property illegalities are not restricted just to Marbella.  Not by any means, as a recent Post by my friend Graham Hunt points out up in Valencia.  So, be careful – or you may find that you have bought just the type of property that is featured on ‘Homes from Hell’…

RELEVANT INFO: Meltdown in Marbella, How to Move Safely to Spain, dead Germans, iffy builders and dodgy agents.