A BRITISH expat couple are fighting to save their Malaga home from demolition over a technicality.
Gill and Bob Ward, both 74, have been locked in a battle with their town hall, who claim their house in Almayate is illegal.
Just yesterday the retired couple from Cornwall were given one month to knock down their only property.
In a court order seen by the Olive Press, the Wards are warned they will be held criminally responsible if they refuse.
“I don’t know what to do anymore, I’m at the end of my tether” Gill told the Olive Press, “I’m totally exhausted from the whole ordeal.”
The retired pair, who have now spent thousands of euros on legal costs, bought the old farmhouse ‘in ruins’ in 2004, and won permission from Velez-Malaga town hall to rebuild it.
But when the original wall collapsed of its own accord during construction, the Wards’ architect told them it would be fine and that he would let the town hall know, unfortunately for the Wards, that never happened.
Gill was charged and taken to court for knowingly building without the correct licence in 2013.
“My lawyer told me to plead guilty and pay the €1,000 fine and everything would fine,” claims Gill.
The pensioner was given a two-year suspended sentence well as being ordered to apply for, and present to the court in Malaga, a new permission to carry out building work in order to make the property legal.
After hearing nothing for two years, the couple were shocked to be told on July 5 of this year that their home would be demolished on July 17.
The house was briefly saved by two temporary court orders, but they have both been thrown out of court.
“They can’t take much more of this,” explains daughter-in-law Emma Baker, who lives in Torrox, “The house is tiny, they invested everything they had into it, how is this fair?
“We have to keep fighting but we are not too optimistic, we’re hoping to raise as much awareness to apply pressure on the courts to make a compassionate decision.”