Caretaker Government in Madrid trying to block the planning amnesty for rural homes in Andalusia

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19 Dec 2019 1:07 PM by ads Star rating. 4128 posts Send private message

Just noticed this forewarning on the Spanish Property Insight forum which appears to identify that homeowners are once again being scapegoated by a political argument between the Spanish Government and regional authorities with regard to a planning amnesty for rural homes in Andalusia.


Those affected express their surprise that the government is trying to act against the environment and the right to adequate housing.

Faced with the news that the acting national government is questioning the Andalusian Decree to regularise houses and the possibility that they will challenge it before the Constitutional Court, those affected declare their consternation, and do not understand how the acting government of Spain can behave in this way.

Maura Hillen, president of Abusos Urbanísticos Andalucía No (AUAN) states: “ The European Union has announced possible actions against Spain for its inadequate treatment of sewage from houses, and here in Andalusia there are hundreds of thousands of irregular houses without adequate sanitation. For example, it is known that in Chiclana thousands of people have been in this position for years, without any action from the national government to resolve this problem. It is the same in Carmona, and I could mention many more areas where this is happening. For this reason, the regional government of Andalusia developed Decree 3/2019 containing urgent measures for the environmental adaptation of irregular houses in Andalusia. This Decree was preceded by other measures promoted by the PSOE with the support of Izquierda Unida in some cases. This decree has been very well received by society in Andalusia and now we see with horror how the acting national government is trying to overthrow this much wanted measure. We do not understand and we hope the it is a misunderstanding”.

Mrs Hillen added, “What is not acceptable is that people continue to bathe in water contaminated with faecal matter as happens in many places. Not only is this a third world situation, but it runs the risk that some day there could be a disgraceful epidemic, and questions will be asked about who is at fault”.

For his part, Gerardo Vázquez, legal advisor to AUAN and spokesperson for the National Coordinating Committee for Justice in Planning says “it would be terrible if the Spanish government attempts to impugn the Decree in the Constitutional Court, as appears to be the case. It is not only an environmental issue; we are talking about the most basic rights of people, the right to a home, to a residence and to a house; and this are real issues, not paper theories. It is not only the environment; it is people’s lives. I am sick and tired that people are dying without solutions. I do not understand the attitude of the government. Last week yet another of those affected, someone known to me, died without being able to obtain paperwork for their house. And I have been contacted by another poor lady whose house has been demolished, after cutting off the electricity to her house whilst she was on dialysis in the house, and this lady has nowhere adequate left to live. Please, we need to be sensible and work together to resolve these issues urgently”.

Sr. Vázquez finished by saying “the regularisation decree was approved with the votes in favour of all parties, including the PSOE, with the exception of Adelante Andalucia whom I believe would have abstained if the regulation was approved another way, and now the acting central government impugns his Decree. I believe that it is a misunderstanding. We ask for the help of all political parties to make the government see how terrible it would be to annul the Regularisation Decree. I trust that they will throw a lifeline to those affected and that the government reconsiders.”

Why are the Socialists in Madrid messing with this amnesty in Andalusia when even the local Socialists voted for it, I ask myself? Perhaps because they are trying to please their new hard-left coalition partners Podemos, who position themselves as environmentalists who oppose anything that looks like a planning amnesty, as I argue here: Andalusian parliament endorses planning solution for illegally-built homes in the face of opposition from environmentalis"


It's a difficult issue to resolve when owners are being scapegoated and stuck in limbo, but moving forward is there not an effective bond / insurance that any developer has to provide to the local authority from the outset which could be evoked in the event of non compliance or non provision of essential infrastructure that complies with public health laws?

Is this now proving how essential it is that local authorities regulate provision of such a bond/insurance mechanism  to protect those purchasing property no matter where this is....., rural or otherwise?.

Have property developers been allowed to get away with non provision of bonds/insurance in Spain? Or does this mechanism not exist, in which case is this another forewarning of BUYER BEWARE?

I'm also thinking of those instances where purchasers were unaware of their water supply being provided from wells.

In all these instances are conveyancing lawyers now acting with all due diligence to ensure clients are kept fully aware of these realties? Sadly this doesn't help the owner who is stuck in limbo trying to sell or legalise their home however. It appears a nightmare catch22 scenario for those campaigning for basic rights.


This message was last edited by ads on 19/12/2019.

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21 Dec 2019 2:39 PM by Kavanagh Star rating in Oil Drum Lane Newcas.... 1314 posts Send private message

Kavanagh´s avatar

Ads, a good and informative post. But it seems ‘’BUYER BEWARE’’ is the rule to foreigners. It appears any laws, rules and regulations are only enforced when convenient to the Spanish authorities. Spanish citizens are fully aware of this and accept it as normality.  What do you expect expat foreigners/immigrants to do? Could it be a case of if you don’t like it, don’t come here?

There is enough in the world for everyone, but not enough for the greedy!

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21 Dec 2019 3:49 PM by ads Star rating. 4128 posts Send private message

Educative forewarning(s) of this nature have the potential to highlight risks previously not considered and thereafter it is up to the purchaser to make a better educated judgement whether to proceed or not. But it also has the potential to arm conveyancing professionals with the knowledge that they would be expected to highlight such aspects to their clients if they are to be judged as acting with all due diligence.

But in the case of disincentivising potential purchasers, such knowledge might also have the potential to assist in establishing a practical mutually acceptable solution going forward,... such as proactive enforcement and developer provision of bonds/insurance which could be evoked in the event of non compliance or non provision of essential infrastructure that complies with public health laws.
Such a solution could well assist the Spanish real estate industry whilst also making developers more accountable.

Potential being the key word here.....

Sadly as with many things Spanish the major insecurity comes from lack of trust in any enforcement measures and trust in a willingness to seek out solutions that don't finish up scapegoating or alienating the very income source that could assist their economy, not to mention create greater harmony.

When will the authorities at every level, local, regional, governmental and judicial, wake up to the POTENTIAL and realise that it doesn't have to be like this.?

Happy Xmas all and here's hoping for a more harmonious New Year ( ever the optimist!). 


This message was last edited by ads on 21/12/2019.


This message was last edited by ads on 22/12/2019.

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