EU condemns Spain for violating human rights in a planning dispute

The European Court of Human Rights judged that Spanish courts denied apartment owners in Galicia the right to defend their interests by not informing them of legal proceedings to revoke planning permission for the building

LAST UPDATED: 29 Jan, 2017 @ 21:19
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euTHE EU has condemned Spain for violating human rights in a planning dispute.

The European Court of Human Rights judged that  Spanish courts denied apartment owners in Galicia the right to defend their interests by not informing them of legal proceedings to revoke planning permission for the building.

It led to a demolition order unjustly being placed on their home, which was due to be built in the town of Sanxenxo.

Andalucia expat property rights campaigners AUAN believe the ruling could now help other homeowners in similar nightmare situations.

“We hope that this ruling will open the way to the annulment of many similar proceedings”, said Maura Hillen, president of the group.

“The judgement sends the message to the Spanish courts to place an emphasis on the protection of third parties and the necessity to respect their legitimate rights.  

“We welcome this ruling as a vindication for homeowners but I also note with some sadness that for some homeowners, their day of justice has yet to come”.

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23 COMMENTS

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  1. Andalucia expat property rights campaigners AUAN believe the ruling could now help other homeowners in similar nightmare situations

    Fat chance.

  2. This is not the first time EU condemns Spain for ruthless and irresponsible behaviour against its citizens, and it will not be the last.. Spain is and will always be the third world of Europe..

  3. This has nothing to do with the cases in Andalucía.
    In this case they have violated the Código Urbano.
    The legislación urbanística has been changed now and the demolition suspended, which is not enough of course.

    In the case of Andalucía a bunch of british “developers” have built illegal houses in a Protected Area, like the coast line which is protected by a National law.
    They sold those illegal houses to British clients, and they have to solve their dispute.

    In the meanwhile, of course those houses have to be demolished.
    They have altered the whole coastline from every point of view.

    Hopefuly those british “developers” will not be allowed to “work” in Spain after brexit.

    • Where are the statistics for British developers causing all of Andalucia’s development problems? Oh, you don’t have any. I wonder why lol. Building requires Spanish lawyers and architects to be involved. It also requires the town hall to issue licenses and needs a lot of paperwork. Who is to blame there? Where was the enforcement of these developments Pablo? Where were the inspections?

      One can very quickly see that Spanish authorities are to blame here, so stop the trolling Pablo and accept this (inconvenient) truth.

    • Pablo, before you make such ludicrous statements perhaps you could name the British companies you have mentioned, if not don’t come out with such c**p. As for British companies building in Spain I think you will find they are all legitimate unlike the Spanish companies that take your money and run and after Brexit Spain still requires these type of British builders to help their failing economy. If your mentality is similar to the Spanish way of thinking no wonder the UK wishes to leave the EU. Just read what your great leader say’s about the UK leaving.

  4. The probles in Galicia and Andalucía are totally different.
    In the second case it is basically for having invaded Areas Protegidas, like the coastline, with illegal houses.
    Those 3rd class british developers have caused a lot of problems in the area.
    Should be banned of working here

    • Pablo, STOP making excuses for the corrupt Spanish government and the corrupt Spanish building laws. You see Pablo, back in the UK and most likely other country’s, building laws are followed by the letter. I have not seen or heard of British developers being taken to court in Spain regarding breaking the building laws, but only of Spanish developers which has caused havoc to many honest peoples that have sunk life’s savings into their corrupt building laws and got away by being a Ltd Co.. Spanish banks are also to blame for advancing money to these Spanish corrupt developers and it’s not just Galicia and Andalucia that is the problem but the whole of Spain and as Fred stated the intervention of the EU is “Too little too late!.
      In the UK, the sight of a digger on a piece of land is pounced on by a council like a ton of bricks, which the demolition of a unlawful hidden castle was demolished due to not receiving the correct build permission, that’s the difference, and until Spain comes out of still being classed as a third rate country corruption will continue, so don’t tell me that all these buildings that you have mentioned the local councils knew nothing about. So prey tell me, and please be precise, who do you feel is to blame instead of your wild suggestion that British developers are to blame.

  5. He is not only a tonto but a liar as well. I lived in Galicia and I was informed by the town architect in Origueria that you could not build within 200M of a coastline. Before we left Ortigueria an old Francista had got permission to build an ugly block of flats right at the water’s edge in Ortigueria itself. As to the rest of his post, total bllks, like all his posts.s

  6. These permanent whingers and moaners think that little britain is like paradise on earth when you talk about planificación urbana, illegal housing and its consequences.
    Mein Gott…

    Now lets see what happens in little britain:

    “Beware of what’s too good to be true”
    If you don’t check that the new home you’re buying been built legally, you might end up having to knock it down, writes Ross Clark
    Buying a house in good faith only for some council official to come along and order you to demolish it – it’s what you might expect in the Cotswolds? German buyers Angela and Gerrit Pires recently found out to their cost that the British planning system can leave you high and dry just the same.”

    As you can see, you ignoramuses x 1 billion, it is the same in little britain as in the rest of the World.

    The common denominator is that the “developers” are british in all the cases.
    As a little example, read about the Operación Tormenta and the 56 british scammers.

    It seems that criminals are the biggest export from the UK

  7. What are Spain’s best attributes – corruption, denial syndrome and telling great big porkies. The thing is bluemoon your not even funny just rather sad.

  8. Ol’ Blue-eyes. It appears you still don’t understand the building rules and regulations in the UK. As to your comment, building permission was granted for an extension but the area had increased somewhat from the original grant and the owner was told to demolish the extra building area.
    The problem is Ol’ Blue-eyes, your Spanish, I think, and in future if you wish to make a comment please supply the correct information and the information site as I have done. lol.
    http://www.telegraph.co.uk/finance/property/advice/propertymarket/3358854/Beware-of-whats-too-good-to-be-true.html

    • Ol’ Blue-eyes, I must admit, regarding the point you made about the American couple, I place part if not most of the blame on the building inspector of that council for not checking the size of the area by the foundation laid and subsequently further inspections during the build. But then, one can assume that the extra size must have been added illegally. Many years ago I was asked to build an extension to a guest house owned by a Greek owner. Going over the plan at the site the owner stepped back approximately a meter from the original size and ask to extend the building to that point. I replied in a joking manner, “Your not in Greece now, and no problem, just get the plans altered and permission first as the onus now fall on the builder”. I never did get the job and don’t know if it was ever built.

  9. Bluemoon, please back up your claims of all these illegal British developers. You must live on the moon to compare Spain’s endemic property corruption problems with an isolated case in the UK. As for Spanish criminals, just open a Spanish paper, where there’s daily coverage of them.

  10. No doubt people that have purchased property in Spain are perhaps familiar with this Spanish law regarding illegal properties, but for those that tend to purchase in Spain take the utmost care with the wonderful bargain on offer of Villa with pool in a urban area. But there appears to be some hope bt the following site. I suppose the safest bet would be to purchase a flat in a town or an established modern flat in a built up area along the coastline which has stood for a number of years, but better still, rent out your property in the UK and rent that wonderful bargain in Spain.
    http://spanishnewstoday.com/andalucian-illegal-property-nightmare-could-be-over-for-some-british-owners_21898-a.html

  11. I’d just like to add that its not just foreigners that get ripped off, scammed, and conned. I’ve known quite a few spaniards to buy properties (well established, and off plan) and at the end of the day they’ve lost everything.
    And yes they got lawyers, architects, town-halls, licenses, etc. Everything was in order.

    If the whole system is corrupt it needs fixing.
    To keep saying “si, but in your country there was one story (ten years ago)…” is sad and pathetic.

  12. Of course this is all the fault of the Spanish, no point in arguing with those imbeciles on here who are trying to wind you up. I purchased a repossession in the UK 6 years ago, needed some work doing on it, large house, price has nearly doubled if I take out the costs, Spain, purchased an apartment nearly 18 years ago, has more than doubled in value but take out the high maintenance fees then it is not such a good a picture. I have a property in the Countryside in Spain, purchased at $1.60 to the pound 15 years ago, spent a lot of money on it and would probably make a small profit. Neither property purchased for investment reasons but other than for holiday homes Spain is not the place to put your money. Unless the EU gives the rights for UK to roam freely in the EU then prices will go down further.

  13. Gents – I don’t think you’ll find it hard to work out who is using MY nickname in order to pretend that there is more than one moron on this site when it is just himself times two. I am sure you will be able to work out who it really is by the typical attack on the UK. In addition as I am English the language used would not be mine.

  14. In Spain rights are luxury for a few…the thieves and corruption. A true macho land where women have no access to work they can live from….It is also true that the workers and employees in Spain have minimum training and deliver a horrible service. Also they are full of envy and frustration so they give at work as little as possible….A true aberration.

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