Friday, June 09, 2006
AUN MEETING – BENISSA – 1.6.6
The meeting began at 16.15 with Charles Svoboda thanking the various people who spend many hours of each day working as volunteers for the AUN society.
AUN members were reminded that whilst meetings are regularly held in Benissa, they could be held in any town if people from the relevant area were prepared to arrange such a gathering.
MEDIA COVERAGE.
We were advised that a journalist and camera crew from the BBC TV in the UK would be attending the meeting during the afternoon.
In early May there was a very good TV documentary aired on the German television station ARD. Apparently this coverage shocked the Mayor of Benissa and it would seem that the TV programme plus the fight by local families has (for the moment) stopped the proposed development of the area known as Coma del Pou.
CONDOLENCES
Charles Svoboda passed on his condolences and those of the AUN members to Mrs Keightley on the loss her mother Mrs Watts, and to three other known families whose relatives (members of AUN) have passed during the last few months. Condolences from AUN are sent to Mrs Pat Dewar, Mrs Astrid Johnsen and Mrs Jose Ten Brink.
Mrs Keightly feels sure that the worries of the land problems were a major cause in the demise of her mother and she now intends to fight harder than ever for her rights.
It is of concern that the land problems are causing health and stress related problems. Members are reminded that a Stress document (compiled by a Psychologist who is himself caught up in land problems) is available upon application (contact mailmaster@abusos-no.org) and on our web site (www.abusos-no.org ).
RECENT DEVELOPMENTS
The meeting were pleased to hear that Mr Blasco had been demoted (to Minister for Health). However we were warned that the person taking his place, Esteban Gonzalez Pons, is known to be a tough guy, a lifelong politician and skilled propaganda expert.
It is felt that this change of ministers is due to the Valencian Government ´gearing up´ for the forthcoming elections.
ECONOMY
It is reported that Spain has a shaky economy. The property market is falling and the economy is in a fragile state (an article in El Mundo of June 1, is just one report on the situation). The Valencian region has excessive debt reported to be 11billion Euros , the highest per capita in Spain), despite receiving massive funding from Madrid and Brussels. Most towns are also deeply in debt, construction is slowing down, and the tourism trade is reporting falls in business.
The Socialist party, in opposition at the present time, is proposing to take " Urbanismo" and Environment as two of their principal themes for the elections next year.
EUROPE
The European Commission, following the Fact Finding Mission to Valencia, demanded changes both in the LRAU law and its replacement, the new LUV, because neither was in conformity with EU laws. Unfortunately prior to the LUV becoming law at least 122 new plans were rushed through within the last few days under the LRAU. The European Commission are well aware of this situation, are not happy, and have advised the Valencian Government that they have until 4th June to provide copies of the 122 projects as well as the new law and regulations for review in Brussels. If the Commission is not satisfied, Spain is on notice that it and thus Valencia should face further action through the Court of Justice – this may possibly be in September.
MEDIA
The newspaper El Mundo of lst June, reported on various issues related to the land problems, such as interest rates and the fact that the beneficiaries of the new developments are in fact the promoters and not the constructors. Euroweekly, CB News and the German language papers had given the "land grab" some adverse commentary. Apart from the BBC TV World crew coming to the AUN meeting (late arrival) both Granada and ITV would be preparing reports in the next few weeks. This is on top of extensive coverage on EuroNews, German , French and Belgian TV in recent weeks.
ESTATE AGENTS
It is reported that many Estate Agents are closing, others only open a few days each week. One Agent has reported to us that until recently he was in a position of selling at least one house per day, now he feels lucky if he finds one buyer per month. This estate agent is also in the unfortunate position of recently having purchased a new home for himself which he now finds is caught up in land problems.
MAYOR´S MEETING BENISSA
The Mayor of Benissa had in the past promised one meeting each year with the residents of the area. During the last week of May he met the German/Spanish residents on one evening, the English/Spanish the next.
Overnight (between the two meetings) the Mayor took time to read up on the laws and several of his comments were amended on the second evening - the main change being that several of the local Benissa plans will now be under the new LUV law, including La Llobella l & 2, plus Pedramala 1 & 2, Buseit 2 and Carrions.
As many areas of Benissa were not mentioned, the AUN has asked Paloma Hoffman (President of Vecinos de Costa Benissa) to liaise with the Mayor to find out which planned developments ( such as Beniver, Ronda Norte, Tossal del Tender, Hostalet (UE1) remain under LRAU and which must be dealt with under the LUV and the new regulations. (To explain , according to the Generalitat, any plans approved under LRAU before 1st February, but where the necessary "reparcialization, apportionment of costs, studies etc had not been completed are now to be under the LUV. We were also reminded that anyone affected by a PAI ( development plan) should ensure that any development around them has had the necessary Environmental Impact Study.
FAMILY IN MORAIRA
This family, after four years of legal battle through several courts and great expense, were recently informed that the case had been classed as invalid on a technicality, due to not being presented within the required time. Any Appeal to the Supreme Court could take up to four years. In the meantime, the developers had informed the homeowners that bulldozers would be arriving during the first week of June to demolish the east wall, take the land, plus ask for the infrastructure monies immediately. This notification was followed by another notice stating that the south wall would also be demolished in order to gain 20 centimetres of land on that side.
It is hoped that the fast action by the London Lawyers working for the AUN (Legal Fund) has halted the demolition (at least for the time being) by the threat of the case being already on its way to the Court of Human Rights in Strasbourg. In the meantime there are many AUN members and friends willing to stage a ´sit-in´ to keep the bulldozers away.
CHANGE – SPANISH COURTS
We were informed that when the new Statute of Autonomy for the regions become law in a few months, recourse to the Supreme Court in Madrid will end. Thus the Superior Tribunal of Justice in Valencia (TSJCV) will become the "Court of last resort" for all but rare constitutional issues.
VIGILENCE NEEDED
It is apparent that many Promoters and Developers do not fully understand the new LUV land laws and may be tempted to carry on as before, leaving the burden of stopping them to property owners and the courts. Home/land owners must be vigilant during this is a period of uncertainty . Fortunately pre-election sensitivity could be to our advantage.
The AUN believes that many proposed developments should now be classed under the new LUV law, in particular Monovar, Rocamar, Tibi, San Juan and Benicassim and some of those in Benissa. However all homeowners should check in their own areas.
AWARDS
A framed Certificate recently presented to Charles and Lisa Svoboda was displayed at the meeting. This Award was presented by the Ciudadanos Europeos. For more information on this society see website www.c-euro.org
The Valencian Nationalist (BLOC) opposition party also recently presented an award to the Svobodas for their determined efforts and enthusiastic fight on behalf of the Valencian home/land owners.
AUN SOCIETY
The land problems are not going away and there is still much work to be done in the fight against the land laws and on behalf of individual members.
Whilst the society has been approached by various political parties the AUN is careful not to become allied with any specific groups. There is to be a Protest in Valencia on 3rd June, and whilst there will be a few representatives from AUN present, the society itself is not organizing or sponsoring this event.
The society will however rally support for the family in Moraira should the bulldozers arrive – or for any families in similar circumstances in the future.
PRESS CONFERENCE
Formalities are in process, with statutes almost ready, for the forming of a National Federation of Associations (associations such as the AUN fighting the various land laws throughout the entire country of Spain – as all regions have similar laws under different names). The Federation will be able to deal with the national government and take matters to the European Parliament for the country as a whole.
ELECTIONS 2007
The AUN is preparing an action programme-a sort of manifesto –of matters and issues which should be dealt with by the Valencian Government to address land law and other vital problems. To the extent candidates in the local and regional elections endorse this platform, we will suggest that our members support them. AUN will not be forming its own political party at any level.
PRESIDENT OF AUN
Charles Svoboda announced that whilst he will still be an active member of the AUN, he will be resigning his office as President as of the next Annual General Meeting in October 06. Mr Svoboda formed the AUN society in October 2002 and he and his wife Lisa have fought on behalf of the Valencian homeowners as a full-time job (24 – 7 as the saying goes) since that time. For various reasons, mainly connected to the upcoming elections, it is now felt that the President of the AUN should be a Spaniard, so if anyone knows of a suitable candidate please put their name forward (with the person´s permission of course).
PADRONThe Society has recently been informed that some Town Halls require homeowners to re- register at the Padron perhaps on an annual basis. In some towns the final date for this year – which will entitle the homeowner to vote in the elections of 2007 – is the first week, ie. June 06. Families are therefore asked to check at their local town hall that they are in fact registered on the Padron and that their names appear on the electoral lists. The main benefit is that towns will received more subventions for schools, police and other municipal services.
COURT OF HUMAN RIGHTS
The London Lawyers acting for the AUN Legal Fund advise that they have in the region of fifty cases being processed for application to the Court of Human Rights in Strasbourg. About twelve of these should be lead cases, the rest being in support. We were reminded that to be eligible for a "lead" case to go to the ECHR there must have been a notification/change/problem etc within the previous six months. There should be more flexibility for support cases.
As previous Spanish and Italian land problem cases have set precedents and should allow new cases to reach the ECHR quickly: However this is still a complex legal process that will move at its own pace, and ´quickly´ can been twelve to eighteen months.
It will help in our fight considerably once the Mayors realize that homeowners are capable of having cases approved to be taken to the ECHR.
Any paid-up Legal Fund members of the AUN taking their case to ECHR through Irwin Mitchell, will have their Legal Registration Fee costs ( €300) refunded by the society – any other costs (which we are informed will be minimal) being payable by the homeowner.
INSURANCEThe Society is still looking into the possibility of "Clear title" Insurance for homeowners whereby (if paperwork is in order when the house was purchased) any land problem legal expenses would be paid by the relevant company and, dependant upon premium payments, the cover for full loss of property. As it is, because of the land laws here, Spain is the only country in western Europe, where such coverage is considered too risky by insurers.
ANY OTHER BUSINESS
New Members. Many homeowners send funds through a bank to join the Society, but fail to inform us of their contact details, in some cases we do not even know the names. If anyone is suggesting a friend/neighbour should join AUN, remind them to send all details to the Society. If anyone knows of a person joining but not receiving information (all messages are sent by e.mail) please ask them to contact the society.
E.Mails Many e.mail messages sent by the AUN Mailmaster are returned undelivered. This could be for several reasons including the installation of a Spam-buster which could be deleting the message or the person could have changed server and failed to inform the Society. Again, if anyone knows of a family not receiving messages, please ask them to contact Mailmaster.
Fight and Write AUN members are reminded that whilst the society is fighting on various fronts on behalf of the Valencian homeowners, it is also necessary for families to fight and write – addresses and a letter format where on display (these are also available on request by e.mail to the Mailmaster).
Illegal building work An AUN member mentioned that in her area of Teulada a local homeowner (who is the Manager of a local bank) has begun illegal building on his land. When the lady reported the fact to the local Town Hall she was thanked for her vigilance and the building work was stopped for now.
A similar event occurred in the Benissa area of Pedramala, when the widening of a road was stopped due to residents reporting the illegal work to the local Town Hall.
It is therefore essential that we are all vigilant and report any illegal building work in our areas to the Department of works,( Sección de.Obras) at our local Town Hall. If that doesn't solve the problem, then an "Instancia"- a simple form- should be filed with the Town Hall.
We were reminded that we can all write personally to the local Town Hall with grievances against the development plans or resultant environmental issues. All letters handed in at the local Town Halls should be presented in duplicate. Both copies will be rubber-stamped with a reference number, one copy is retained by the Council, the other being returned for the homeowner´s file.
If so inclined and for extra publicity towards the cause, anyone willing to do so, could invite a press photographer to take a shot of the presentation of the document at the Town Hall for the local newspapers.
Lawyers In answer to a question relating to which lawyers a homeowner should use, we were reminded that, as a general rule we should approach an office out of the area concerned and to ensure the company has no connections, relatives, or friends, in the relevant Town Hall.
Castellon It has been reported that homes in an area of Castellon, with Spanish residents, has been classed as illegal by the local Town Hall, who, in order to evict the families ordered Iberdrola to cut off the electric power to the properties. As the families had contracts with Iberdrola and their bills were paid up to date, the electricity being cut off was in fact an illegal offence.
Time Limit etc. A family asked if it was true that there is a limit, whereby if work is delayed and the plans are ten years old, they are classed as null and void. We were informed that the limit is more in the region of 4 or 5 years and that the developers can and often do apply to the Town Hall for extensions.
We were warned that some development companies start work, charge the local homeowners for infrastructure costs, then the company applies for bankruptcy and the building work remains unfinished. In some cases this has happened whereby a few houses are built on a new development but the new owners have no legal connections to electric, water or telephone, etc. The builders leave, or change the names of their firms, but the Town Hall will not permit the necessary connections as the development remains unfinished.
European Parliament A gentleman asked will happen with regard to the 122 plans applied for under LRAU before the end of January if the relevant Town Halls refuse to change the proposed developments to LUV. We were reminded that the European Commission has this in hand and may take the matter to the European Court of Justice. There are two deadlines for compliance the last being early fall.
We were reminded that all contracts for development which are valued in excess of 6 million Euros, must be advertised in the EU official bulletin and be open to tender within Europe. Homeowners with land problems must therefore be willing to search for this and various other facts (for instance the previously mentioned Environmental Study), relating to the proposed development which will affect them.
Town Hall blackmail Many Town Halls are turning down applications for home extensions or outbuildings unless land is handed over in return. In many towns (not Benissa so far) development money for future development projects is also demanded, even where the is no firm date as to when projects will be begun.
(Unfortunately the BBC TV crew did not arrive until long after the meeting had finished. Many thanks to the people who did stay to be filmed.)
The meeting began at 16.15 with Charles Svoboda thanking the various people who spend many hours of each day working as volunteers for the AUN society.
AUN members were reminded that whilst meetings are regularly held in Benissa, they could be held in any town if people from the relevant area were prepared to arrange such a gathering.
MEDIA COVERAGE.
We were advised that a journalist and camera crew from the BBC TV in the UK would be attending the meeting during the afternoon.
In early May there was a very good TV documentary aired on the German television station ARD. Apparently this coverage shocked the Mayor of Benissa and it would seem that the TV programme plus the fight by local families has (for the moment) stopped the proposed development of the area known as Coma del Pou.
CONDOLENCES
Charles Svoboda passed on his condolences and those of the AUN members to Mrs Keightley on the loss her mother Mrs Watts, and to three other known families whose relatives (members of AUN) have passed during the last few months. Condolences from AUN are sent to Mrs Pat Dewar, Mrs Astrid Johnsen and Mrs Jose Ten Brink.
Mrs Keightly feels sure that the worries of the land problems were a major cause in the demise of her mother and she now intends to fight harder than ever for her rights.
It is of concern that the land problems are causing health and stress related problems. Members are reminded that a Stress document (compiled by a Psychologist who is himself caught up in land problems) is available upon application (contact mailmaster@abusos-no.org) and on our web site (www.abusos-no.org ).
RECENT DEVELOPMENTS
The meeting were pleased to hear that Mr Blasco had been demoted (to Minister for Health). However we were warned that the person taking his place, Esteban Gonzalez Pons, is known to be a tough guy, a lifelong politician and skilled propaganda expert.
It is felt that this change of ministers is due to the Valencian Government ´gearing up´ for the forthcoming elections.
ECONOMY
It is reported that Spain has a shaky economy. The property market is falling and the economy is in a fragile state (an article in El Mundo of June 1, is just one report on the situation). The Valencian region has excessive debt reported to be 11billion Euros , the highest per capita in Spain), despite receiving massive funding from Madrid and Brussels. Most towns are also deeply in debt, construction is slowing down, and the tourism trade is reporting falls in business.
The Socialist party, in opposition at the present time, is proposing to take " Urbanismo" and Environment as two of their principal themes for the elections next year.
EUROPE
The European Commission, following the Fact Finding Mission to Valencia, demanded changes both in the LRAU law and its replacement, the new LUV, because neither was in conformity with EU laws. Unfortunately prior to the LUV becoming law at least 122 new plans were rushed through within the last few days under the LRAU. The European Commission are well aware of this situation, are not happy, and have advised the Valencian Government that they have until 4th June to provide copies of the 122 projects as well as the new law and regulations for review in Brussels. If the Commission is not satisfied, Spain is on notice that it and thus Valencia should face further action through the Court of Justice – this may possibly be in September.
MEDIA
The newspaper El Mundo of lst June, reported on various issues related to the land problems, such as interest rates and the fact that the beneficiaries of the new developments are in fact the promoters and not the constructors. Euroweekly, CB News and the German language papers had given the "land grab" some adverse commentary. Apart from the BBC TV World crew coming to the AUN meeting (late arrival) both Granada and ITV would be preparing reports in the next few weeks. This is on top of extensive coverage on EuroNews, German , French and Belgian TV in recent weeks.
ESTATE AGENTS
It is reported that many Estate Agents are closing, others only open a few days each week. One Agent has reported to us that until recently he was in a position of selling at least one house per day, now he feels lucky if he finds one buyer per month. This estate agent is also in the unfortunate position of recently having purchased a new home for himself which he now finds is caught up in land problems.
MAYOR´S MEETING BENISSA
The Mayor of Benissa had in the past promised one meeting each year with the residents of the area. During the last week of May he met the German/Spanish residents on one evening, the English/Spanish the next.
Overnight (between the two meetings) the Mayor took time to read up on the laws and several of his comments were amended on the second evening - the main change being that several of the local Benissa plans will now be under the new LUV law, including La Llobella l & 2, plus Pedramala 1 & 2, Buseit 2 and Carrions.
As many areas of Benissa were not mentioned, the AUN has asked Paloma Hoffman (President of Vecinos de Costa Benissa) to liaise with the Mayor to find out which planned developments ( such as Beniver, Ronda Norte, Tossal del Tender, Hostalet (UE1) remain under LRAU and which must be dealt with under the LUV and the new regulations. (To explain , according to the Generalitat, any plans approved under LRAU before 1st February, but where the necessary "reparcialization, apportionment of costs, studies etc had not been completed are now to be under the LUV. We were also reminded that anyone affected by a PAI ( development plan) should ensure that any development around them has had the necessary Environmental Impact Study.
FAMILY IN MORAIRA
This family, after four years of legal battle through several courts and great expense, were recently informed that the case had been classed as invalid on a technicality, due to not being presented within the required time. Any Appeal to the Supreme Court could take up to four years. In the meantime, the developers had informed the homeowners that bulldozers would be arriving during the first week of June to demolish the east wall, take the land, plus ask for the infrastructure monies immediately. This notification was followed by another notice stating that the south wall would also be demolished in order to gain 20 centimetres of land on that side.
It is hoped that the fast action by the London Lawyers working for the AUN (Legal Fund) has halted the demolition (at least for the time being) by the threat of the case being already on its way to the Court of Human Rights in Strasbourg. In the meantime there are many AUN members and friends willing to stage a ´sit-in´ to keep the bulldozers away.
CHANGE – SPANISH COURTS
We were informed that when the new Statute of Autonomy for the regions become law in a few months, recourse to the Supreme Court in Madrid will end. Thus the Superior Tribunal of Justice in Valencia (TSJCV) will become the "Court of last resort" for all but rare constitutional issues.
VIGILENCE NEEDED
It is apparent that many Promoters and Developers do not fully understand the new LUV land laws and may be tempted to carry on as before, leaving the burden of stopping them to property owners and the courts. Home/land owners must be vigilant during this is a period of uncertainty . Fortunately pre-election sensitivity could be to our advantage.
The AUN believes that many proposed developments should now be classed under the new LUV law, in particular Monovar, Rocamar, Tibi, San Juan and Benicassim and some of those in Benissa. However all homeowners should check in their own areas.
AWARDS
A framed Certificate recently presented to Charles and Lisa Svoboda was displayed at the meeting. This Award was presented by the Ciudadanos Europeos. For more information on this society see website www.c-euro.org
The Valencian Nationalist (BLOC) opposition party also recently presented an award to the Svobodas for their determined efforts and enthusiastic fight on behalf of the Valencian home/land owners.
AUN SOCIETY
The land problems are not going away and there is still much work to be done in the fight against the land laws and on behalf of individual members.
Whilst the society has been approached by various political parties the AUN is careful not to become allied with any specific groups. There is to be a Protest in Valencia on 3rd June, and whilst there will be a few representatives from AUN present, the society itself is not organizing or sponsoring this event.
The society will however rally support for the family in Moraira should the bulldozers arrive – or for any families in similar circumstances in the future.
PRESS CONFERENCE
Formalities are in process, with statutes almost ready, for the forming of a National Federation of Associations (associations such as the AUN fighting the various land laws throughout the entire country of Spain – as all regions have similar laws under different names). The Federation will be able to deal with the national government and take matters to the European Parliament for the country as a whole.
ELECTIONS 2007
The AUN is preparing an action programme-a sort of manifesto –of matters and issues which should be dealt with by the Valencian Government to address land law and other vital problems. To the extent candidates in the local and regional elections endorse this platform, we will suggest that our members support them. AUN will not be forming its own political party at any level.
PRESIDENT OF AUN
Charles Svoboda announced that whilst he will still be an active member of the AUN, he will be resigning his office as President as of the next Annual General Meeting in October 06. Mr Svoboda formed the AUN society in October 2002 and he and his wife Lisa have fought on behalf of the Valencian homeowners as a full-time job (24 – 7 as the saying goes) since that time. For various reasons, mainly connected to the upcoming elections, it is now felt that the President of the AUN should be a Spaniard, so if anyone knows of a suitable candidate please put their name forward (with the person´s permission of course).
PADRONThe Society has recently been informed that some Town Halls require homeowners to re- register at the Padron perhaps on an annual basis. In some towns the final date for this year – which will entitle the homeowner to vote in the elections of 2007 – is the first week, ie. June 06. Families are therefore asked to check at their local town hall that they are in fact registered on the Padron and that their names appear on the electoral lists. The main benefit is that towns will received more subventions for schools, police and other municipal services.
COURT OF HUMAN RIGHTS
The London Lawyers acting for the AUN Legal Fund advise that they have in the region of fifty cases being processed for application to the Court of Human Rights in Strasbourg. About twelve of these should be lead cases, the rest being in support. We were reminded that to be eligible for a "lead" case to go to the ECHR there must have been a notification/change/problem etc within the previous six months. There should be more flexibility for support cases.
As previous Spanish and Italian land problem cases have set precedents and should allow new cases to reach the ECHR quickly: However this is still a complex legal process that will move at its own pace, and ´quickly´ can been twelve to eighteen months.
It will help in our fight considerably once the Mayors realize that homeowners are capable of having cases approved to be taken to the ECHR.
Any paid-up Legal Fund members of the AUN taking their case to ECHR through Irwin Mitchell, will have their Legal Registration Fee costs ( €300) refunded by the society – any other costs (which we are informed will be minimal) being payable by the homeowner.
INSURANCEThe Society is still looking into the possibility of "Clear title" Insurance for homeowners whereby (if paperwork is in order when the house was purchased) any land problem legal expenses would be paid by the relevant company and, dependant upon premium payments, the cover for full loss of property. As it is, because of the land laws here, Spain is the only country in western Europe, where such coverage is considered too risky by insurers.
ANY OTHER BUSINESS
New Members. Many homeowners send funds through a bank to join the Society, but fail to inform us of their contact details, in some cases we do not even know the names. If anyone is suggesting a friend/neighbour should join AUN, remind them to send all details to the Society. If anyone knows of a person joining but not receiving information (all messages are sent by e.mail) please ask them to contact the society.
E.Mails Many e.mail messages sent by the AUN Mailmaster are returned undelivered. This could be for several reasons including the installation of a Spam-buster which could be deleting the message or the person could have changed server and failed to inform the Society. Again, if anyone knows of a family not receiving messages, please ask them to contact Mailmaster.
Fight and Write AUN members are reminded that whilst the society is fighting on various fronts on behalf of the Valencian homeowners, it is also necessary for families to fight and write – addresses and a letter format where on display (these are also available on request by e.mail to the Mailmaster).
Illegal building work An AUN member mentioned that in her area of Teulada a local homeowner (who is the Manager of a local bank) has begun illegal building on his land. When the lady reported the fact to the local Town Hall she was thanked for her vigilance and the building work was stopped for now.
A similar event occurred in the Benissa area of Pedramala, when the widening of a road was stopped due to residents reporting the illegal work to the local Town Hall.
It is therefore essential that we are all vigilant and report any illegal building work in our areas to the Department of works,( Sección de.Obras) at our local Town Hall. If that doesn't solve the problem, then an "Instancia"- a simple form- should be filed with the Town Hall.
We were reminded that we can all write personally to the local Town Hall with grievances against the development plans or resultant environmental issues. All letters handed in at the local Town Halls should be presented in duplicate. Both copies will be rubber-stamped with a reference number, one copy is retained by the Council, the other being returned for the homeowner´s file.
If so inclined and for extra publicity towards the cause, anyone willing to do so, could invite a press photographer to take a shot of the presentation of the document at the Town Hall for the local newspapers.
Lawyers In answer to a question relating to which lawyers a homeowner should use, we were reminded that, as a general rule we should approach an office out of the area concerned and to ensure the company has no connections, relatives, or friends, in the relevant Town Hall.
Castellon It has been reported that homes in an area of Castellon, with Spanish residents, has been classed as illegal by the local Town Hall, who, in order to evict the families ordered Iberdrola to cut off the electric power to the properties. As the families had contracts with Iberdrola and their bills were paid up to date, the electricity being cut off was in fact an illegal offence.
Time Limit etc. A family asked if it was true that there is a limit, whereby if work is delayed and the plans are ten years old, they are classed as null and void. We were informed that the limit is more in the region of 4 or 5 years and that the developers can and often do apply to the Town Hall for extensions.
We were warned that some development companies start work, charge the local homeowners for infrastructure costs, then the company applies for bankruptcy and the building work remains unfinished. In some cases this has happened whereby a few houses are built on a new development but the new owners have no legal connections to electric, water or telephone, etc. The builders leave, or change the names of their firms, but the Town Hall will not permit the necessary connections as the development remains unfinished.
European Parliament A gentleman asked will happen with regard to the 122 plans applied for under LRAU before the end of January if the relevant Town Halls refuse to change the proposed developments to LUV. We were reminded that the European Commission has this in hand and may take the matter to the European Court of Justice. There are two deadlines for compliance the last being early fall.
We were reminded that all contracts for development which are valued in excess of 6 million Euros, must be advertised in the EU official bulletin and be open to tender within Europe. Homeowners with land problems must therefore be willing to search for this and various other facts (for instance the previously mentioned Environmental Study), relating to the proposed development which will affect them.
Town Hall blackmail Many Town Halls are turning down applications for home extensions or outbuildings unless land is handed over in return. In many towns (not Benissa so far) development money for future development projects is also demanded, even where the is no firm date as to when projects will be begun.
(Unfortunately the BBC TV crew did not arrive until long after the meeting had finished. Many thanks to the people who did stay to be filmed.)
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