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Help or Advice >> Building, reforming, legalities etc >> ARE YOU BUILDING ILLEGALLY ?
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Message started by jools on Apr 6th, 2006 at 12:25am

Title: ARE YOU BUILDING ILLEGALLY ?
Post by jools on Apr 6th, 2006 at 12:25am
I am sure that most people are aware, that what ever you decide to build / reform /renovate or whatever you want to call it, in most areas it is illegal!!!!!!!!!!!!!!!!!

My friend who is renovating a very large masia on a property of 17 hectares (not a donkey shed, like on most fincas) has just been stopped by the Forestal agents!!!!!! The local ajuntament knew what my friend was doing, and said there was no problem, but apparently these guys have more power than anyone else!!!!!!!

They have actually stopped his reformation, and my Spanish friend has spent 3 mornings at the ajuntament with the Mayor, the local Architect and the Forrest agents, and only now are getting some sort of solution.

He is being told that he cannot declare that he lives there all of the time, because this means the finca is a "vivienda" and technically speaking you are not allowed to live on a finca in Catalunya all of the time!!!!!!!!!!

Just want to warn everybody of the consequences.

The building and renovation laws in Aragon are completely different, and if you look around the area of Matarranya, the countryside is stunning, the local councils actually want you to go and live there, and will help with any problems. You can actually build up to 1.5% the size of the finca, even without a casa already on the property.
Guess where i am looking for my next purchase????????????

Maybe Catalunya has had enough of foreigners?
I know of some lovely reasonably priced properties, that knock the socks off the prices around here.

Jools

NOTE: PROTECT YOURSELF - If you want to reform/renovate/build then get WRITTEN permission from the Ajuntament. Spain thrives on official paper and permissions.

Title: Re: EVERYBODY PLEASE BEWARE!!!!!!!!!!
Post by nobrot on Apr 6th, 2006 at 9:19am
Hi jools,
Save me one,just in case I miss the rush

One old Salian to another.......

Title: Re: ARE YOU BUILDING ILLEGALLY ?
Post by Helen R on Jun 7th, 2006 at 9:46pm
Hi Jools

You are so right on this subject. I can state there are 20 more cases simular to this in this region. The problem is compounded by the pressure now placed on the mayors of each area. Pull down orders on illegal builds have been requested by some which have been logged at Tarragona for the first stage.

A blind eye will not be given any more, but how this subject is going to be handle retrospectively is anyones guess as none of the various authorities are communicating with each other.

Title: Re: ARE YOU BUILDING ILLEGALLY ?
Post by jools on Jun 8th, 2006 at 12:34pm
Hi Helen,
I think everyone knew that eventually this would happen.
I had some Dutch friends making enquiries with the Ajuntament in Gandesa about reforming a very large masia, not a donkey shed! At first, the Mayor of Gandesa thought they were English, but they explained that they came from Holland. His reaction was, oh that's good, because we have just about had a belly full of the "Brits" around this area, building what they want without any permissions. He then said that the Generalitat of Catalunya had earmarked 3 villages where there are large numbers of "large" illegal builds, Gandesa being one of them. Apparently they have chosen the 4 largest to make examples of, and they will be issued with a 36000 euros fine, or the Ajuntament will take the house down, and the fines will be proportionate for the smaller builds.

Around the Mora area, i have heard stories of large groups of English families on adjoining fincas, now demanding from the Mayor that they want mains water, electricity, sewage system and beat this one "school buses"........is it any wonder they want to stop everything?????????????

As usual, whenever groups of Brits go abroad for any reason, be it football matches, on holidays or building what the hell they want, where they want, the minority spoil it for everyone, so we all get tarred with the same brush.

Would you EVER buy a piece of land in the UK, and just build what you wanted, without permissions, without Architects, without proper septic tank systems etc. etc. etc.???????

If the answer is NO...............then why do it in Spain???????

This is an EU country exactly the same as the United Kingdom.

THIS IS NOT GUATEMALA, OR PERU OR PARAGUAY, OR MEXICO.

THIS IS SPAIN................................so give some respect to the authorities, as you would at home.

Then maybe.........just maybe, they will respect us.

Enough said, i think!!!!!!!!!!!!
Jools  

Title: Re: ARE YOU BUILDING ILLEGALLY ?
Post by nobrot on Jun 8th, 2006 at 8:48pm
As usual, whenever groups of Brits go abroad for any reason, be it football matches, on holidays or building what the hell they want, where they want, the minority spoil it for everyone, so we all get tarred with the same brush.

Would you EVER buy a piece of land in the UK, and just build what you wanted, without permissions, without Architects, without proper septic tank systems etc. etc. etc.???????

If the answer is NO...............then why do it in Spain???????


HOW EMBARRASINGLY TRUE......  

Title: Re: ARE YOU BUILDING ILLEGALLY ?
Post by Debbie on Jun 9th, 2006 at 8:49am
" Would you EVER buy a piece of land in the UK, and just build what you wanted, without permissions, without Architects, without proper septic tank systems etc. etc. etc.??????? "

No we wouldn't or couldn't in Britian but we do have plenty of other nationalaties coming to Britian and doing exactly that so it happens the world over!

Debbie  

Title: Re: ARE YOU BUILDING ILLEGALLY ?
Post by Pondgirl on Jun 10th, 2006 at 7:04pm
"Would you EVER buy a piece of land in the UK, and just build what you wanted, without permissions, without Architects, without proper septic tank systems etc. etc. etc.??????? "

Absolutely well said Jools!

We are champing at the bit to come over and start renovations on 'our' mill but we have only paid a deposit and our (Catalan) solicitor will not contenance us coming over and paying the balance until absolutely every single permission has been granted and rubber stamped.  However frustrating this may be, especially given the Spanish obsession with bureaucracy, it is of course the only sensible thing to do.  I wouldn't dream of ploughing my life savings into a project that was not officially sanctioned and anyone who does has only themselves to blame if it turns into a nightmare

Debbie, I don't know about Kent but here in Oxfordshire no-one is allowed to build so much as a large shed or poly tunnel without planning permission and there have been a couple of cases recently where people have built extensions to their property that have not complied with plans submitted and they have been forced to knock them down.

We're really looking forward to joining you guys over there when the little bureaucrat somewhere within the bowels of GenCat eventually wields his rubber stamp in the direction of our paperwork!

Penny

Title: Re: ARE YOU BUILDING ILLEGALLY ?
Post by Tony on Jun 11th, 2006 at 8:42am
You're lucky if you don't have any travellers in Oxfordshire setting up sites illegally and then trampling roughshod all over the local planning laws because of their rights.  One of the reasons why we have moved out here.  Mind you I have now heard from one of the local estate agents that the Spaniards would get planning permission where the English wouldn't.  Racial discrimination ?

Title: Re: ARE YOU BUILDING ILLEGALLY ?
Post by Pondgirl on Jun 11th, 2006 at 12:02pm
HI Tony,

I hadn't thought of 'travellers', possibly because I wouldn't have classed them as "other nationalities".  But you are right, they do try to ride roughshod over local planning laws.  Having said that, as far as I know, all attempts at setting up illegal permanent sites around here have been thwarted luckily.

Your comment about Spaniards (possibly) getting planning permission where foriegners might not is interesting.  We are buying our property from a Spanish family and it is written into our contract that they have to get planning permission for us to rebuild  (a listed building) before we hand over the balance of the sale price. We have only paid a 10% deposit which must be returned to us doubled if they fail to do so within a fixed period of time.  This is certainly keeping everyone focused and whilst it seems like it is taking an age to sort out I certainly believe that it would have been far harder for us to try and do it from such a long distance with only a 'smattering' of Catalan!

Penny

Title: Re: ARE YOU BUILDING ILLEGALLY ?
Post by flintstones on Jun 11th, 2006 at 7:20pm
mmm...plenty here about "English" planning laws but not much mention of "Catalunyan"ones....and although it is good to have the correct bit of paper, it is still seen very much as "going over the head" of the local mayor, to whom you would  traditionally go first. Perhaps everything in its correct order is the thing....unless we want it to become a " Costa del Milton Keynes"...because although it is correct to say Spain is an EU country, the whole point of coming is that it is NOT like the uk. Speaking of which....(since only what is the norm in England is good here)...how many people would you advise to move to England without speaking a word of English...and yet we expect....

Title: Re: ARE YOU BUILDING ILLEGALLY ?
Post by Pondgirl on Jun 12th, 2006 at 11:11am

wrote on Jun 11th, 2006 at 7:20pm:
Speaking of which....(since only what is the norm in England is good here)...how many people would you advise to move to England without speaking a word of English...and yet we expect....


;D ;D

Had this conversation only the other week with someone complaining about all the 'foriegeners' coming to live in the UK who don't learn the language and have their 'own' shops et c.  Fair enough point, but this person has, for a number of years, had a property down on the Costa del Sol (where he intends to retire)  and has never learned a word of Spanish! He also only frequents English bars, eats English food and watches Sky tv whilst down there.

He didn't see the irony  :-?

Penny (now have the Catalan cd's, just need to listen to them!)

Title: Re: ARE YOU BUILDING ILLEGALLY ?
Post by Debbie on Jun 12th, 2006 at 12:01pm
"You're lucky if you don't have any travellers in Oxfordshire setting up sites illegally and then trampling roughshod all over the local planning laws because of their rights."

Tony, that is exactly the trouble we are suffering in our part of the country, I have lived in this area for all my life and I couldn't get planning permission for a shed let alone a field fill of caravans!  

I think the moral is to have respect for the local laws etc where ever you are in the world.

Title: Re: ARE YOU BUILDING ILLEGALLY ?
Post by Nigel on Jun 29th, 2006 at 2:20pm
Ok, you've read the advice and the warnings.  You think you're just going to ignore it, after all, "Joe Bloggs up the road did it and got away with it".  What's the worst that can happen - a paltry fine?

Well, read this http://www.tortosaforum.com/experience.html - and these people thought they were doing it right!

Nigel

Title: Re: ARE YOU BUILDING ILLEGALLY ?
Post by Pondgirl on Jun 29th, 2006 at 7:57pm
Interesting article Nigel and I'm sorry that these poor people have had such a negative experience.  I really hope that their court case brings them a satisfactory conclusion.

On a positive note I would like to say that the staff that we have dealt with for our purchase have been just the opposite of whatever 'pushy' is.

They have given us excellent advice and actually curbed our enthusiasm.  Because we are buying a listed building all the permissions are taking ages (still in Tortosa we think!) but it is (becoming increasingly) obviously better to be patient now  than experience the bulldozers of  bureaucracy!

Are local people becoming anti-British?  Or are the authorities just trying to stop illegal building?

Title: Re: ARE YOU BUILDING ILLEGALLY ?
Post by Debbie on Jun 30th, 2006 at 10:55am
Just read the article from Terry and Val, their story was also televised on Channel 4's 'Nightmare in the Sun'.  We were very lucky and our agent was recommended to us by another couple, and Vanessa turned out to be an angel.  She was totally honest and told us outright where planning permission would be given or not.  Our property is on the National Park boundary and she was completely honest about the legalities of planning within the National Park.  We saw our property on the website first and fell in love with it and on our first trip out we still felt the same about the place but Vanessa insisted we saw loads of other places so we were very aware of what type of property was available and what the area was like.  

I wouldn't want anyone thinking to coming to this area that all agents (whether they are Spanish or British) are 'rip off merchants' cause our's was brilliant.

If anyone would like her details then please email me or send me a personal message, as I know the forum doesn't like advertising although this is a recommendation not an advert.

Debbie  

Title: Re: ARE YOU BUILDING ILLEGALLY ?
Post by elfitis on Jul 4th, 2006 at 7:12pm
I've just read the first few messages on this board ..... Jools can i just state that 1.5% of a 200 m2 house (quite a large house) is 3 m2 (probably just big enough to store a hoover and maybe a bucket?) so i dont really think thats a generous amount to be allowed to add without permissions do you ?

As for 20 other cases in this area .... do people not realise that probably half of Catalunya is built illegaly ? If you take a stroll through Remolins and take a look at the nice new shiney flats being built, they are all illegal builds ! A dissagrement between the Dertosan Mayor and other higher figures has put a holt on any new builds being made legal. I think that 20 other cases would probaly be a bit naeve, how many ajuntament permisso boards have you seen lately on a new build ? I bet its hardly any.

I think that the whole "illegal build" situation is being blown out of proportion, most Catalans build what the want, within reason, solely on the principal that his neighbour has done the same !

I cant see how anyone could ever have a bad word to say about Catalunya, ok the house prices have risen but maybe that will keep a few more wollys out ? Just to think that up untill 20 years ago donkeys and kart was the go, now look at it .... rags to ritches springs to mind ?

I think this place is fantastic and if your lucky enough to find yourself a few of the good, decent people who do live here (honestly they do exist) then your stay will be just as pleasurable as ours has been so far.

:)

Title: Re: ARE YOU BUILDING ILLEGALLY ?
Post by jools on Jul 4th, 2006 at 9:44pm
Hi Elfitis,
Thanks for replying to my post.
If you read the origin post properly, it says that you can build up to 1.5% the size of the finca.
"Finca" is the land, or the size of your parcela(s) on your escritura, not the size of your house or donkey shed.
Therefore 1.5% of one hectare is 150 m2, or of 20 hectares............. the mind boggles. Space for lots of "hoovers".
I would imagine everybody who has bought property in Catalunya, would love to be able to do this, and it's LEGAL, in Aragon. I do know what i'm talking about, after purchasing 2 properties already in Catalunya.

And as for the people, you are exactly right, 2 of my best friends are Catalan, the Mother's from my son's school are extremely helpful, and we go out socially. I have business contacts with Catalan and Spanish companies, who i find extremely genuine and sincere.

As for the village where you are, I cannot comment, but i can assure you, where i live, you cannot even knock down a wall or change your front door without asking for permission, and that goes for locals and foreigners alike.

After living here for over 2 years, and integrating into the local community and learning the language, i am not "slagging" off Catalunya or Catalans, but merely bringing the subject of illegal building (mainly by foreigners) to everybody's attention.

Maybe you should ask all the families around the Gandesa area, who just built exactly what they wanted, without permission, who are now sitting and waiting with baited breath, to discover which ones have to take down their houses or pay a huge fine.
Thank God i'm not one of them.

Regards

Jools

Title: Re: ARE YOU BUILDING ILLEGALLY ?
Post by elfitis on Jul 5th, 2006 at 12:15pm
Jools,

As for illegal builds being mainly done by foreigenrs i think you'll find your barking up the wrong tree. I've lived here for 7 years now and most of my friends and associates are Catalan and i can guarantee that 99% of them have all built illegaly and to be quite honest couldn't give a rats todger about the consequences.

one of my friends has just had to pay a very reasonable fine for adding an 80m2 extension illegaly to the back of his property. He knew from the start that he would incur this fine and built the extension illegaly knowing full well he would rather pay the small sum than waiting the rediculous amount of time it would take to get the necessary permissions. And this isn't a foreigner, he is born and bread Catalan.

At the end of the day its not just foreigners who are building illegaly, infact its not even a case of it being a majority, foreigners and locals alike are builidng illegaly and if they are prepared to take the risk of being fined or having theit hard work raised to the ground then surely its their own problem ? Do you not think that if your circumstances were different and you moved to a different village where everyone was building extensions etc illegaly (locals and foreigners) that you would probably follow suite ?

Onto the matter of some local estate agents .... people are coming here to buy land and freely being told (to win them over, and their money) that they can build whatever they like wherever they like without permissions by their trusty agent ! I think this could maybe be the biggest cause of illegal builds (by foreigners) being started here in Catalunya. We know numerous brits who have been sold pieces of national park and then told "you can build yourself a nice 180m2 villa there" !!! on national park !!! I know its down to the buyer and naevity provails but for god sake, an agent telling you this should have some kind of legal baring surely ?? talk about getting off on the wrong foot before you even start !

Ajuntaments and Councils world over are known for being not exactly the hardest working people on this planet so maybe it will give them something to do ? After all it is their job to see that things are being done legally and to the book.

I've never really been one to ask people or families about their miss fortune or mistakes, i'm more interested in the more positive things in life  :)

Are there many mansions or huge hotels in Aragon Jools ? My mistake with the "finca" situation. I always thought a Finca to be a farm house. Just goes to show been here ages and still learning new things :)


Regards.

Title: Re: ARE YOU BUILDING ILLEGALLY ?
Post by nobrot on Jul 5th, 2006 at 1:47pm
Hi Jools,are you saying in Aragon anyone can build 1.5% of their total land area.so a 5 hectare plot could have a 750m2 building on it without any body asking questions.Do the Aragon estate agents tell this to the unsuspecting brit punters ??

Title: Re: ARE YOU BUILDING ILLEGALLY ?
Post by nobrot on Jul 5th, 2006 at 1:49pm
P.S. Do you own property in Aragon and what is the land area and size of build you have ??

Title: Re: ARE YOU BUILDING ILLEGALLY ?
Post by elfitis on Jul 5th, 2006 at 2:06pm

wrote on Jul 5th, 2006 at 1:47pm:
Hi Jools,are you saying in Aragon anyone can build 1.5% of their total land area.so a 5 hectare plot could have a 750m2 building on it without any body asking questions.Do the Aragon estate agents tell this to the unsuspecting brit punters ??


exactly what i was thinking but i didn't put it down in words as Jools seemed so adament that this was correct. 20 hectares of land = 3000m2 building ..... i cant see how this could be correct or even slightly possible  ?

Title: Re: ARE YOU BUILDING ILLEGALLY ?
Post by jools on Jul 6th, 2006 at 1:44am
Hi Elfitis,
Not knowing which area you live in, i obviously cannot comment!!!!!!!!!!
But only today, a client of mine who wants to build a "house" on 4.5 hectares in Catalunya, has been told (having gone down all the proper legal avenues) they can only get permissions to build the famous "almacen", which legally is only to store a tractor and machinery and house the crops of the harvest.
Yes, i agree that many estate agents are selling properties with these misconstrued ideas, but the architect today said, that if somebody wanted to go down the road of building an almacen, but it was really a "vivienda" (house to live in) they would always risk the ultimate fate, that they could be told to take it down, i dont know about you, but i dont know many people who are willing to put all their hard earned money, with that sort of negative cloud hanging over their heads.

Around here the local people are going "nuts" because apparently years ago they could just build what they wanted, but lets have it right, not many local people build to actually live on their fincas, they only want something to house machinery, or the odd weekend barbecue for friends. It is only since foreigners have started to build "proper" houses (i am being sarcastic here, after some of the houses i have seen, with just a soak away for raw sewage) that all the fuss has really started. Some local friends of mine are livid that they have to pay for the permissions and inspections etc, because before, they didn't have to. So is that barking up the wrong tree????????????????????????? How many Spanish or Catalan people do you know who live on fincas??????????????????????? Most of the one's i know, think the foreigners are puddled, and i'm using polite language there!!!

As for, not wanting to get involved in other peoples problems, i'm sorry, but if i can prevent just one of those poor souls from buying a piece of National Park or protected areas, then i reckon my post on here was well worth my time and effort.!!!!!!!!!!!!!!!

Like i said before, i bought a piece of land, and was told a pile of lies by a Spanish estate agent, and ended up with nothing more than a beautiful very large "garden" on the edge of a National Park, that i couldn't build on, and i certainly was not prepared to risk any more of my money on, to build illegally.  

ARAGON!!!!!!!!!!!!!!!!!!!!!!!!!!! I know only the legal regulations in the area of Matarrana, which is in the province of Teruel, which is only just across the border of Catalunya (close to Horta St Joan and Calaceite)...............Each village has it's own slightly differing laws, but in general, (here we go again) you can build up to 1.5% the size of the finca, so long as you have more than 1 hectare, and they do have a maximum build of 300 m2 and up to 400 m2 in some villages, bigger than most people ever dream of building, unless you have won the lottery!!!!!!!!!!!!!!!!!!!!!!!

They only stipulate, that you use a Spanish Arhitect and constuction company, (not just throw it up yourself, and it has a proper septic tank system) and the whole job is completed in a professional manner, and from the outside the house blends in with "rustic style" (ie......no white villas, or castles, or anything vaguely not in keeping with the countryside)

Yes, Nobrot, i have bought a property in the area of Arenys de Lledo, and when i finish renovating my town house, i intend to go through all of the legal channels to build a holiday and weekend home for my family and friends. It is an absolutely beautiful area with natural swimming pools in the river, yet still less than an hour from the coast.

I know of numerous families from Holland who have bought in this area, because, can you believe, somebody wrote on a forum, such as this, and warned other unsuspecting countrymen about the pitfalls of building illegally in Catalunya.  

Finally Elfitis, one of the most exclusive hotels in Spain, is near Fuentespalda in Matarrana, set in something like 20 hectares of land, producing it's own fruit and vegetables and totally self sufficient, (you really dont want to know how much per night...........lol) the King and Queen of Spain stay there regularly, as do other heads of state, and famous footballers and celebrities. I would put the name down here, but i'm sure that would be classed as promoting a company, but i have had some clients who stayed there, and it sounds unbelievable...........unfortunately, i cant afford it.

You can send me a personal message, if you want to know more about property in this area, because, as i say, putting it on here is advertising.

Hope all of this useful to at least one person, which means it was worth my time.

Regards

Jools  





Title: Re: ARE YOU BUILDING ILLEGALLY ?
Post by elfitis on Jul 6th, 2006 at 4:09pm
Oh well Jools it seems you obviously know everything about everything so i feel no need to reply to anything anymore I'll just wait for your posts. Your use of punctuation shows you are getting very passionate and "!!!!!!!!!!!!!!!!!!!!!!!!!!!!!" just indicates screaming ?

I think for my own safety i'll leave it at this and go no further as i dont want to cause high blood pressures or god forbid a heart attack.

Sorry my posts got to you so deeply, i came on here to make friends and be peaceful not start world war 3 or battle of the !!!!!!!!!!!!!!!!!!!!!!!!!!!!!'s & ??????????????????'s.

Before i go i have to reply to one thing ...... locals used to build what ever they wanted and now they are annoyed because the law states they are not allowed to. Well i call that "keeping up with the times" ? Spain, whether it likes it or not, is being dragged into the 21st century by the scruff of its neck. Everything changes with time Jools otherwise we would all still be speaking in " UGG UGG" language and bashing wooly mammoths over the head with wooden clubs ? To blame it on foreigeners building illegaly, in my eyes, is b****y stupid.
Times are changing !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ooh sorry my finger got stuck on the ! key.

regards :)

Title: Re: ARE YOU BUILDING ILLEGALLY ?
Post by Debbie on Jul 6th, 2006 at 7:03pm
"locals used to build what ever they wanted and now they are annoyed because the law states they are not allowed to. Well I call that "keeping up with the times" ? Spain, whether it likes it or not, is being dragged into the 21st century by the scruff of its neck. Everything changes with time Jools otherwise we would all still be speaking in " UGG UGG" language and bashing wooly mammoths over the head with wooden clubs ?"

I have agree with Elfitis, we live and work in the building trade in the UK and have done for more years than I like to admit to and building consents and regulations change so frequently it is impossible to keep up with it, so for as much as they hate it the Spanish or Catalans are going to have to abide by building regulations and they will change a lot quicker that they like.  Welcome to civilisation!

I have been following this thread with interest sitting here in the UK and it has filled me with sadness that a lot of you have the attitude of "those Brits" with distaste but that's what you are, for as much as you think that you are not, you are foreigners over there in Spain and even if you live there for a lifetime let along 2/3 years you will always be foreigners so it would be nice if you could all stick together.

I don't often put postings on this forum as our little finca is our holiday haven and we don't live there so obviously not part of the 'Brit Brigade'. For as much as you may not like it Tortosa will continue to attract the expats as it is a lovely area.

Enough of my grumblings!

Title: Re: ARE YOU BUILDING ILLEGALLY ?
Post by jools on Jul 6th, 2006 at 11:32pm
Hi Elfitis,
No, i dont know everything about everything.
For example, numerous exclamation marks and question marks, i use to denote sarcasm usually, i can assure you that i am not screaming, and definitely not suffering with high blood pressure or a coronary attack! (note just the one exclamation mark)

I was only pointing out your "sarcastic" remarks about increasing a "finca" by 3 m2. Imagine some poor souls thinking that was correct.

From your last posts on this subject, you seem to be contradicting yourself constantly about illegal building. Only 2 days ago you wrote about your "Catalan friends and associates" all building what they want and not giving a "rat's todger".
Now you are saying that "Spain, is being dragged into the 21st century by the scruff of it's neck"!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!(ooooppppps, there goes my sarcasm again)

If nothing else comes of this, other than the fact that people on this forum are aware that you can build LEGALLY (capital letters, i thought were denoted as screaming) in Aragon, then i am satisfied.
Who really wants to live in a house, with the risk of it being bulldozed, or an almacen, which can never be registered as a vivenda?

Oh, and by the way, your posts didn't "get to me so deeply" Elfitis, dont worry about that, i quite enjoy correcting somebody who obviously doesn't know what they are talking about, especially when all of my information has come directly from local Ajuntaments and official departments in Tortosa, Tarragona and Teruel.

Enough said, i think.

Regards

Jools




Title: Re: ARE YOU BUILDING ILLEGALLY ?
Post by vivtrev on Jul 31st, 2006 at 3:11pm
Dear Everyone who has joined in on this topic.

I think it is the key issue with just about everyone we have met since coming to live in Spain.
We came here from the South of France ( where we had lived for 3 years ) and used a Spanish lawyer to purchase our property here ( near El Perello ) to ensure we did everything correctly and that all was legal etc. as we will be living here permanently ( ie - not a holiday home ).

We bought a 'legal' house on 'rustica' land and understood from the word go that we could not extend the property under the current law in Catalunya.
However - we HAVE built a new patio area with a wall to shield it from the fierce winds - which is not  an 'extension' to a house - more like landscape gardening - and we want to add more outside tiled areas so we do not have to walk on rubble and prickly undergrowth. Also - we need to create more shade -so hope to add 'gazebo' type structures to do the job.

We do not yet know if someone, somewhere, will fine us for this!!

In addition - we have a huge area under our house which we would like to develope - it is within the footprint of the existing house but the head height is a little under what we need to create usable space other than for storage.
We do not know if this counts as " extension".

Our question is - why are there no written rules and regulations for us all to follow to keep within Spanish law?
Why does it seem that everything is 'word of mouth' & 'rumour' & that everything seems to be at the whim of the local mayors?

Surely - as Spain is an EU member - there should be official guidelines/procedures etc for what we can or cannot do as residents on each category of land?
We could then follow those rules, get any plans submitted to the appropriate official body, amend them if necessary, get permissions, pay what we have to - and then get on with it - without feeling that at a later date - the local adjudimentia is going to suddenly fine us??

Or is that too simple?

We have only been here for 9 months and have been thoroughly scared by all the gossip & different versions of regulations being bandied about.

We would love to find a reliable Spanish architect ( who speaks some English as we are still learning Spanish ) who could guide us through and guarantee that what we do in the future will comply with Catalunyan regulations.

We do NOT want to be here and buck the system - we would just like to have something in writing, which is legal, which tells us what the 'system' is!!

Frustratedly - but happy.

Viv & Trev

Title: Re: ARE YOU BUILDING ILLEGALLY ?
Post by jools on Sep 15th, 2006 at 3:25pm
Hi Everyone,

I know this subject has caused all kinds of controversy and conflicting stories. but just this week, a family from Holland who bought a finca near to the village of Batea, have hit problems with reforming a masia on their land.

The property is over 4.5 hectares and has a house with 2 floors, partly in ruins.
They have done everything the right way, by asking for permission to renovate the existing house, and to install a septic tank. They are not asking to make the house larger, as it is about 75 m2 on each floor.

They have waited 6 months for all the "officialdom" to come to their conclusion, and they have their own Spanish Architect, with plans to make it into a beautiful rustic style dwelling.

The results this week were very disappointing to say the least. They can only get permission to make it into an almacen. Yes they can install a kitchen and small bathroom to use when they work the land! BUT, they will never register it as a house, and basically if they live there all the time, then they will have problems too.

Now, as far as i am aware, most estate agents are telling people that they can renovate what is already on the property, and can live in it, but it sounds to me that the goal posts have been moved yet again.

It is becoming more and more fashionable for people from Barcelona and Tarragona and other large cities, to buy fincas and renovate the house, but they obviously only live in them occasionally at weekends and fiestas, which is fine.
But the majority of foreigners want to live there permanently, which now means that this is illegal.
This brings me back to the point of risking all of your money, and then being told that you cant actually live on your property.

The Forestal agents are calling almost on a weekly basis around the Gandesa, El Pinell de Brai, Batea and Corbera area, checking and making reports on exactly what is being done, and some of these cases are waiting to go to court.......................but the local estate agents here are still advertising that you can reform and live there.

How many more heartbreaking stories will we here, before the Catalan authorities do something about it?

Only a couple of weeks ago i heard that the Mayor of Ginestar is being prosecuted for signing off very small fincas of half a hectare with permission to build houses of up to 90 m2, needless to say the place is teeming with British families who have done this, but will they now be stopped, because the Mayor has been caught with his fingers in the till, so to speak, the mind boggles!

Just be careful out there, and dont believe anything, unless you have it in writing, first from the local Mayor, and then also from Tarragona, who always have the last say.

Hope all of this helps.

Jools

Title: Re: ARE YOU BUILDING ILLEGALLY ?
Post by Nigel on Nov 6th, 2006 at 9:07pm
I just came across this on another website:

In a tough new crackdown, owners of illegally built homes are to be considered as guilty as the builders who violated property laws.

The newly-appointed environmental attorney general Antonio Vercher said buyers of these homes –many of whom are expats from northern Europe – are to be considered guilty of playing a part in the scam.

In an effort to stop the property speculation which has resulted in an estimated 100,000 illegal homes across the country, Vercher says he will knockdown these homes.

The home owners will be paid some compensation for losing their properties, reported the Spanish daily El Pais.

Until now, owners of villas who discovered their properties had been built without licences, could hope their homes would escape the bulldozers.

The property developer who had managed to circumvent normal procedures to build homes without licences, would be punished.

But now Vercher has said he does not believe the buyers are innocent parties in the rampant property speculation throughout Spain.


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