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 25 ARE YOU BUILDING ILLEGALLY ? (Read 23396 times)
jools
Ex Member


ARE YOU BUILDING ILLEGALLY ?
Apr 6th, 2006 at 12:25am
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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.
« Last Edit: Apr 6th, 2006 at 9:14am by Nigel »  
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nobrot
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Re: EVERYBODY PLEASE BEWARE!!!!!!!!!!
Reply #1 - Apr 6th, 2006 at 9:19am
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Hi jools,
Save me one,just in case I miss the rush

One old Salian to another.......
  
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Helen R
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Re: ARE YOU BUILDING ILLEGALLY ?
Reply #2 - Jun 7th, 2006 at 9:46pm
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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.
  
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jools
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Re: ARE YOU BUILDING ILLEGALLY ?
Reply #3 - Jun 8th, 2006 at 12:34pm
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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
  
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nobrot
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Re: ARE YOU BUILDING ILLEGALLY ?
Reply #4 - Jun 8th, 2006 at 8:48pm
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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......
  
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Debbie
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Re: ARE YOU BUILDING ILLEGALLY ?
Reply #5 - Jun 9th, 2006 at 8:49am
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" 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   
  
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Pondgirl
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Re: ARE YOU BUILDING ILLEGALLY ?
Reply #6 - Jun 10th, 2006 at 7:04pm
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"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
  
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Tony
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Re: ARE YOU BUILDING ILLEGALLY ?
Reply #7 - Jun 11th, 2006 at 8:42am
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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 ?
  
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Pondgirl
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Re: ARE YOU BUILDING ILLEGALLY ?
Reply #8 - Jun 11th, 2006 at 12:02pm
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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
  
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flintstones
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Re: ARE YOU BUILDING ILLEGALLY ?
Reply #9 - Jun 11th, 2006 at 7:20pm
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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....
  
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Pondgirl
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Re: ARE YOU BUILDING ILLEGALLY ?
Reply #10 - Jun 12th, 2006 at 11:11am
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Quote:
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....


Grin Grin

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  Huh

Penny (now have the Catalan cd's, just need to listen to them!)
  
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Debbie
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Re: ARE YOU BUILDING ILLEGALLY ?
Reply #11 - Jun 12th, 2006 at 12:01pm
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"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.
  
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Nigel
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Re: ARE YOU BUILDING ILLEGALLY ?
Reply #12 - Jun 29th, 2006 at 2:20pm
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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
  
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Pondgirl
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Re: ARE YOU BUILDING ILLEGALLY ?
Reply #13 - Jun 29th, 2006 at 7:57pm
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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?
  
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Debbie
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Re: ARE YOU BUILDING ILLEGALLY ?
Reply #14 - Jun 30th, 2006 at 10:55am
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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  
  
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