Can the demolition of a residential area of 52 houses be produced in Spain?
This question has an easy answer and is that as we have said in several articles, the buyer has to be very careful when buying the property in Spain and he must to understand that he should use services of lawyers independent of the developer and independent of the real estate agency that has the house for sale.
On this page we have many articles about the steps and the care that should be taken but now we are going to talk about a sentence passed by a Spanish Court and that answers the question of this article.
The case refers to a residential area that was built in a natural place near the shore of the sea on land designated as not for building of special coastal protection.
As we have warned many times, in this class of land residential use and urban divisions are prohibited.
The Developer sold the houses and then the buyers faced with the problem of an administrative sanction, in urban infringement file, with the obligation also for the buyers to pay for the demolition of the whole residential area, including their houses.
The private buyers of the detached houses of that residential area defended themselves claiming that the Developer had built in that day that residential area under the protection of a construction permit and activity to implant a tourist use.
According to the court, that was not done because what happened was that a private residential area of 52 terraced houses in a row with services was built and was sold to individuals.
After the trial of which we are not going to give details because it does not matter for what we want to say in this article, the Court for Contentious Administrative Proceedings no 1 of Pontevedra has dismissed the claims of the buyers and has defined the resolution of the Authority and orders the demolition of the entire residential area and of the 52 houses, allowing the buyers with the only possibility of claiming to the Developer, that for sure does not even exist given the years passed.
Therefore this shows what we often say on our page and is that the investor should be cautious and be well advised when going to make a purchase in Spain and not rely on appearances.
If these buyers had for example requested our advice they would never have bought there because as you can see on our page there are many articles where we explain the steps to take before buying and one of them and fundamental is to know and research if it has a license and what kind of license. In brief, that it is to find out the legality of the construction.
You should think that when the developer ends the building or the residential area, it dissolves itself and ceases to exist and when it is going to build again, it does it by constituting another company, with which it always disassociates itself from the problems that the buyers may have.
So you know, be very careful when buying and what better precaution than resorting to a law firm and we put us at your disposal with our experience, competence and professionalism so that you always make a quiet investment and without problems or distresses. Do not hesitate to consult our lawyers.