What is the Meaning of Denounce and Its Implications?

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Posted and filed under General Articles of Interest, Legal Issues in Spain, Official Documents in Spain.

What is the Meaning of Denounce and It’s Implications?

As suggested by one of our lovely clients, Eileen, denouncing causes some confusion in Spain, so we will endavour to explain it. If you take a look at an English Dictionary, the English word denounce is a verb that means

a) to to criticize something or someone strongly and publicly:

“The government’s economic policy has been denounced on all sides.”
“We must denounce injustice and oppression”

Or

b) to accuse someone publicly of being something that is bad or wrong:

“His former colleagues have denounced him as a spy”.

In Spanish the word denounce is “denuncia” and it is a complaint about something or someone. The police will investigate and see whether or not there is a case to answer,

So, if you think you have been a victim of a crime, you make a Denuncia at any office of the Guardia Civil or Policia Local. It is best to take your passport and NIE and a translator. When you have told your story, you will be given a copy of the typed up report and you made need to provide a copy to an isnurance provider if this is appropriate. Or to take it to a lawyer.

The police force you have been to have an obligation to investigate the crime and to decide whether to pass this over to a public prosecutor or not. Thus sometimes you may make a denuncia and time goes by and you never hear anything more. On the flip side, if you are told that someone has denounced you, it may be that they are just trying to cause problems for you, but the police do not take it seriously and you have nothing to worry about.

If you do hear something from the police, then please contact Amanda on enquiries@spanishsolutions.net and we will help you.

In May, we advised that it is possible to make a denuncia by telephone, but very kindly received this email from Chris Poole. Retiring Leader of Vecinos Coloborando – Orihuela Costa (Neighbourhood Watch)

Dear Comaskey,
I have seen the advice you have circulated in your May edition headed – Making a Denuncia.
This is a system that can be used for making a denuncia in your own language if you live in an area or are the victim of a crime in an area controlled by the Policia Naciónal, e.g. Alicante or Orihuela and you have to visit the station in either of these cities to sign the denuncia. I believe that then the Police in the area where you live or the crime occurred will be informed of it. This system was brought into use a few years ago but I believe due to financial restrictions was withdrawn during the winter months. I do not know whether this system is still operational. If you live or are the victim of a crime in an area controlled by the Guardia Civil such as Pilar Orihuela Costa or Torrevieja, you should make a denuncia at the nearest Cuartel. Unfortunately, there is no free translator provided at the Cuartel at Torre de la Horadado so if the victim does not speak Spanish or have friend who does and is willing to assist to help, he/she needs to employ a translator. However, a free translator is provided on weekday mornings at the Cuartel at Torrevieja.
Last year I contacted the number 902 102 112 and put the question “If I live in a Guardia Civil area can I use this system?”. The advice was to make it at the Guardia Civil Cuartel.
For persons wanting to make a Denuncia on the Orihuela Costa area they can do so at any time at the Cuartel at Torre de la Horadada or on weekday mornings at the Guardia Civil office at the Ayuntamiento at Playa Flamenca. However, if a person wants to report a stolen car they must visit Torre de la Horadada. In both the Cuartel and the Ayuntamiento only Spanish is spoken.
Best wishes,
Chris Poole.

My advice is to keep a copy of this newsletter, just in case you ever need to refer to this

105 Comments

  • Peter Ford

    I like info on denounce a owner of a villa I am renting as she is not paying my deposit back as she said she has spent it and I’ve give a months notice on moving out

    • Nicola Ryan

      Good Morning Peter,

      We understand your concern.

      We would recommend waiting until you left the property and see what has happens before taking this matter further. The deposit is returned if there are no issues with the condition in which the property is left and if all outstanding utility bills have been paid and are up to date. You may find in a months time you receive some money (minus the bills) back. We hope this helps and everything sorts itself out but should you need any further assistance in the future, please do not hesitate to contact us.

      Kind regards
      Nicola

  • John

    Would denouncing our gestor help with a problem he has caused with the social here as we have been fined due to him not filing paperwork

    • Ian C.

      Hello John,
      Before thinking about Denouncing, I’d ask myself, what am i trying to achieve here?
      The likelihood is that he is covered and I know from personal experience, the Government holds you responsible for filing correct returns, nobody else. They don’t listen to excuses, even if they are very valid.
      Please send us an email with details like how much are we talking about, and a very brief reason why you blame your representative.
      For me, a letter sent by a lawyer saying that you will not denounce if he returns the money you paid him for his services for example works better.
      Do you live here full time?
      Ian

  • Alan

    Hi,
    I have just been reading some of the comments on your site regarding neighbour issues and I was wondering if you can offer some advice.
    I bought an apartment in November 2018 in La Tercia , Murcia and in the January 2019, a Spanish family bought the Apartment directly above.
    We share a main entrance door with 8 other residents ours being a ground floor apartment directly off the main corridor.
    The apartment is on a large resort that has a number of empty apartments and villas due to them being repossessed by the banks a number of Year ago. Since that time vandalism has been a problem and many properties have had their windows and anything else of value ripped out for scrap.
    As soon as our neighbour above moved in he was caught several times breaking into properties on the resort and seen stripping the windows and everything else out.He was reported every time and a number or denuncias have been logged by either resident or Admiburgos the management company.
    The situation has got even worse of the past 6 months when he accessed the roof top and stripped all the air con units of their aluminium.He was them caught abseiling an apartment block stripping before out all the copper pipes.
    He was cut off by the electric and water company’s for non payment and he has re connected his own supply several times despite Iberdrola taking his meter away.
    As soon as they leave he breaks open the electric cupboard outside my door and wires his electric up again and in doing so blows our fuses causing our freezer to defrost with all its contents.
    Despite him being arrested several times and god knows how many denuncias against him he continues to cause damage and steal on a daily basis.
    We keep getting told that the courts will deal at some point if they can find a judge that isn’t corrupt but we really don’t have much faith in the Spanish system any more.
    Is there anything else that can be done ? Can we get some kind of court order in place where he can no longer come on to the resort ?
    I know he owns his property possibly paid for by stolen items but surely something else can be done !
    Can you offer any advice please ?
    Many thanks

    • Nicola Ryan

      Good Evening Alan,

      We are so sorry to hear of the trouble with your neighbour.

      Amanda, our paralegal will be in contact with you directly to see if we can help in any way.

      In the meantime, should you have any enquiries, please do not hesitate to contact us.
      Kind regards
      Nicola

  • JOHN STEWART

    hi , got some blinds from leeroy about 2500 paid ,some have crease marks in still which was told would come out , a landing gallery is only fixed 1 side ,instead of both , and paid extra for this to be fitted as needed a ladder . A gallery in my lounge was damaged ,and they cheekily re sent out same one , sent several emails and eventually went back to shop , who said had to long , (there fault as consulted from one and they did not reply to emails) also said they were perfect when put up and i had signed for this , but they were showed to fitter who did not speak English and also told person on phone straight away after we had examined , we also showed guy who came round and he did not take pics of all the damage only some , and one of his reply’s to us was (you are to expect a small margin of mistakes ) I WAS GOBSMACKED BY THIS AND TOLD HIM SO AND ALSO SAID I WILL WRITE THIS DOWN WORD FOR WORD AS THE SHOP DOES NOT ADVERTISE THAT YOU ARE TO EXPECT THIS. Been advised to denounce them , do you think this will help and also could a solicitor do this for us , feel so ripped off thanks in advance

    • Nicola Ryan

      Dear John,

      In this kind of case, we would advise you not to do a denuncia with the police who will not be interested, but to make a complaint to the Consumer Office (OMIC).

      Please see the page on hoja de reclamaciones or customer complaints on how to do this on the Spanish Solutions website https://www.spanishsolutions.net/blog/businesses-in-spain/hojas-de-reclamaciones-customer-complaint-forms/

      Not easy when we are not used to things in this country, but to be honest a legal letter they will probably ignore, and can, so it is wasted money if they do, whereas the threat of a complaint to the Consumer Bureau should have some weight, and actually doing it will prompt an investigation,

      Taking a Spanish translator to do the forms also would be less expensive than a legal letter too,

      I wish you the best of luck,
      With kind regards / Saludos cordiales,
      Amanda Thomas
      Paralegal

  • Mr. Ray Bailey

    Hello
    I am an ex president of a community in Orihuela Costa.
    I gave the position up after problems arising with the Neighbour opposition me, was asked/ told to abide by the community rules.
    Subsequently he started putting paper rubbish in my post box, also over my garden. He is now whistling the Hitler march ever time my wife & myself are going past his property or in our garden.
    Am I able to Denounce this neighbour, this is now upsetting me & my wife.
    I have made a complaint to the new President but he does not seem to care.

    I would appreciate your advice on this situation.

    Regards

    • Nicola Ryan

      Good Afternoon Ray,

      We are sorry to hear of the way you are being treated.

      Yes, we would recommend denouncing the man for harassment. We would suggest keeping a diary of the events, pictures of anything that is thrown in to your garden and also if you have any witnesses, this will help prove your case with the Police.

      We hope you get this matter rectified soon.
      Kind regards
      Nicola

  • Lee and sam

    We have a Spanish tenant in our house over 3 years started with a 1 year legal contract
    The rent has not been payed for over 6 months now and we employed a solicitor (Abigado)to deal with this who tried to contact the tenant but then finds out from a neighbour that that moved out 2 months ago if this is the case can I take back possession of my property

    • Nicola Ryan

      Good Afternoon Lee & Sam,

      If you are absolutely sure that the tenants have abandoned the property (if someone goes and makes a visual inspection) then you can change the locks and take back possession. But if there is a risk that they are just out, or away (things left in property) then it is important not to change the locks. We hope this helps.

      Kind regards
      Nicola

  • Sarah

    Good evening, we recently have had a huge neglect from a Hospital in Spain when a fit and healthy family member was admitted in hospital for a small operation. Due to the sever neglect we lost this family member we are currently with Solicitors in England but should we denounce the private hospital? We are all 18 year residents in Spain.

    Kind regards.

    • Nicola Ryan

      Good Afternoon Sarah,

      We are so sorry to hear of your loss.

      We feel this would be more of a legal matter but best to check with your existing lawyer as it is hard to comment without knowing the facts. With a denuncia the Police will take the report and decide if there will be a criminal investigation or not. We hope this helps.

      Kind regards
      Nicola

  • Neil Banks

    Hi, I’m having issues wit an ex landlady who is claming i owe her £2k for outstanding debt on the property, i did miss one months rent and offered to pay back monthly which she said i was not to, She is now harassing me with emails calling me dishonest, liar & a cheat i recive around 8 emails a day, she still has my bond of 700 euros which she is claiming is for her expences to travel to inspect the property, could for the harassment and calling denounce this person

    • Nicola Ryan

      Good Afternoon Neil,

      Many thanks for your enquiry.

      Our paralegal Amanda, will be in contact with you shortly to discuss this matter further.

      Kind regards
      Nicola

  • Carol Lange

    During Coronavirus lockdown a bar in Ugíjar Granada province has been opening for business. Many people have been drinking there and possibly taking the virus back to their villages.
    Should I call the Guardia? I understood that bars had been ordered to close. I speak Spanish.
    Thank you.

    • Amanda Thomas

      Dear Carol, It is your decision, but yes bars across Spain should all be closed at the current time, and no lockins in them either, and yes they could possibly be putting people at risk. Take care and stay safe. Kind regards

  • Michael Oddy

    My wife and I are having problems with our landlady who is refusing to make essential repairs to the property. We go through a letting agent who ignores our emails and has even stated the landlord will not spend any money on the property. These issues have been ongoing for over 5 years now. At present we have no electricity to half of the property.

    • Amanda Thomas

      Dear Michael, I will contact you by email, Kind regards

  • martin

    Hi there, i was wondering if you could help and advise….
    since lockdown on the 14/3 in lanzarote i have been put on erte but this wasnt put in until 4/4 so 2 weeks or so late… since whhich my bosses have NOT paid anyone for the first 2 weeks in march and paro payments havent come through and wont until 10/5. leaving me and fellow work collegues near on destitute… i personally havent had any money since day one and others are now running out of food too!
    we have been told different stories, one being that the government have “stopped” nominas there for stopping money from being signed for soo we cant get paid! another is that itll be coming with erte payments….i obviously cant be waiting much longer for money as i literally dont have a cent to my name!.. is it worth denoucing or would it all get brushed under the carpet like most things in lanzarote??

    many thanks
    Martin.

    • Amanda Thomas

      Dear Martin, I will respond to you by email, Kind regards

  • Allen

    Hi I have an ex-girlfriend who repeatedly writes me emails and text messages that I do not want. I told her that I do not want to speak with her and that if she contacts me again I will contact the police. Will the police help me if she does not stop sending messages?? What will happen if I contact the police about this?

    • Amanda Thomas

      Good morning, You can go to the Guardia Civil and put a denuncia. They will decide whether to prosecute her. Or we can send her a formal legal letter asking her to stop the harrassment. If she continues we can file a lawsuit in Courts. Kind regards

  • Jane

    Hello, I am concerned that I may be the target of someone, I have no idea who, who is trying to haress me.
    2 days ago the police visited my apartment and asked to search the property. They said they had received information that we were dealing heroin. They searched the apartment with a sniffer dog. They found absolutely nothing to support the claim and apologised for disturbing me.
    Obviously I now feel very uneasy about whoever it was that did this.
    Do we have any recourse re who made this false denunciation or what information was given to the police to prompt this action to be taken. Many thanks

    • Amanda Thomas

      Hi Jane, I am sorry you went through this. It would be impossible for us to obtain this information. Just keep your guard up and if anything else happens, and you have any suspects please contact us. With kind regards

  • David

    Working without contract unbeknown to me untill lockdown.now no Erte or Paro as boss took me off in January and declared I left voluntary.i have proof was working in bar right up to day of alarm.since I’ve had to leave property and put my pet in kennels.homeless and penny less.what should I do????

    • Amanda Thomas

      Dear David, we are very sorry to hear this. Regarding a claim, you are out of time for redundancy but can claim for salary up to a year but you need a legal aid lawyer in your area (we are not a legal aid lawyer). If you contact the local Colegio de Abogados they can help you find one. But the more pressing issues, you should contact the Social Services of your local town hall, also Citizens Advice Bureau Spain and we recommend too a local charity (maybe our local one VegaBaja (office@vegabaja.com) can help if you are not in this area. Also try the British Consulate 965216022. Stay safe

  • Harry stewart

    Good morning I love in a residential community in Lanzarote which does not have a tourist Rental license ,as flights but we have two owners who constantly rent their properties to anyone on line .As flights from Spain will resume on the first of may what can we do to stop this ,our community has many elderly residents and the thought of strangers entering every week or is concerning for them . Our president is no t doing any thing to prevent this happening,

    • Amanda Thomas

      Dear Harry, I understand your concerns. Our lawyer said:- My advice is to call an EGM or wait until the new AGM in order to approve an internal regime or Statutes to regulate the rentals.The other option is to denounce the owners without tourist Rental license.

  • Tony

    I have recently had an apartment reformed. The builder gave me a price and towards the end demanded and intimidated me into paying him another 1150€ or he would not complete the work I had already paid him for. Also I gave him 2000€ to purchase fixtures and fittings and he only spent 1150€ of the money and is refusing to return the remaining 2000€ and any of the invoices for these items. Should I denounce him? It’s not the money it’s the fact that he is just completely ignoring me.

    • Amanda Thomas

      Dear Tony, I am sorry you have been through this. This is not a criminal matter for denouncing (though it must feel like it) but a civil matter, so you need a lawyer to act for you. Please contact me on sales@spanishsolutions.net if I can help you with this. Kind regards Amanda

  • Victoria Courtney

    I have found out that the bar on our complex has no Licence to trade.
    The tenant is friends of the President and Administrators of the complex and they are refusing to provide any paperwork because of ‘Data Protection’.
    Can my neighbours and I Denounce the bar?
    And would that result in his Opening Licence being asked for?

    • Ian C.

      Hi Victoria

      You should contact your President, Administrators or Town Hall as you can only denounce for criminal activities.

      Kind Regards

      Jane

  • Shellie

    Hi, we have recently moved to Spain. We moved for a peaceful life, it has not been so peaceful the last week.
    The teenagers involved are friends of our daughter and they had a full out, our way of thinking is that they will be in and out of love as teenagers do.
    Now it is getting more serious with threating behaviour from the other side, our daughter is scared to go out.
    Every day we hear new news as to what has been happening, it is ridiculous and it is coming to our door all the time.
    We are being threatened and there has been suggestion of spiking drinks too sleep with girls.
    We have been threatened because we thought we would face the problem head on and try and resolve the teenagers arguments, the parents did not like what we were telling them, they did not want to know and now it has all escalated.
    Being a parent I would want to know myself if my daughter was being a bully.
    After facing the problem head on, my husband went down to the bar where they all drink to try to resolve the issues only to get a load of abuse & my husband did not bite his tongue. No force or contact at all was made only verbal from both sides.
    After my husband walked away saying his peace, we had security followed by the police and my husband now has a denouncer to his name.
    We feel like we are being harassed and made to be the aggressors, which is not at all true.
    Starting a new life in a foreign country is hard enough without having to deal with all these immature adults.
    Do you have any advice you could give to us?
    We would really appreciate it.
    Many thanks.

    • Amanda Thomas

      Dear Shellie, My goodness what a start to your new life here. Firstly, from a legal point of view, you may wish to send us the denuncia to assess it, and see if we think anything further may arise from it. I suspect that it will all be fine and the Police will drop it, not seeing it as serious, but it is hard to say without reading it. Both physical and verbal aggression (or abuse) can be offences. But if anything else is going to happen then you would get more paperwork so if you did immediately send it to us. (Or another solicitor). Again, I doubt this will happen for a minor matter. My next advice is that like anywhere unfortunately things like this do arise both in person and in social media. Our advice is always the same, take the upper hand and ignore them. Keep your daughter as far as possible from this crowd for the moment. Ask her to avoid any contact with them and do the same. If approached, just walk away. Basically do not feed the fire, as this is when we see (from experience) matters escalate and things get worse and the police and Courts here don’t have much tolerance for expat arguments, especially in these heightened times of tension with covid. If you are verbally threatened or any other action (the drink spiking sounds serious) then do go to the police yourself, but only if it is of a serious nature. If you both end up in Court, it will cost money for both sides for barristers and clerks of courts and you want to avoid that and any repercussions also. Shellie, Spain is a great place, with a lot of lovely people and you will all make new friends very soon, and this will pass. Ignoring it and turning another cheek is not weak, it actually gives you power. Believe me, we see this from time to time many years. I hope this helps, and if you want us to look at the denuncia just send it to us, With kind regards and the best of luck, Amanda

  • Martyn Davies

    When I moved here I had an empty plot of land on my one side. This was bought 2 years ago and a house was constructed on the site. During the construction one of the construction companies’ diggers backed into out chain-linked boundary fence and pushed it over to an angle of 45 degrees along with the hedging plants that were growing up and through it.
    Soil was then packed in behind it, keeping the fence over at an angle and us having to support the posts so they don’t collapse. Effectively losing about 3 metres of garden in the process.
    We complained at the time and to the new owners but despite many promises, nothing has been done.
    It’s now time for action but is a denuncia appropriate and sufficient or should I start legal proceedings?

    • Amanda Thomas

      Dear Martyn, No, a denuncia is really for criminal issues. This is a bit different, please can you send me an email and let me know where you are (send for attention of Amanda), also if you have photos of the diggers when they backed into the fence. Kind regards

  • Paul C

    Hello,
    I wonder if you can help. Our block of 9 houses Near Torrevieja has a squatter. He has been evicted once but has returned. The property is falling into disrepair , bushes overgrown, rats, barking dog left locked in all day. The owner resides abroad & won’t answer e mails. My question is can myself and 5 other residents issue a denuncia or must it be the owner who does it?

    Any advice would be helpful.
    Any advice

    • Amanda Thomas

      Dear Paul, Oh dear, all you can do is call or go to the police and do a denuncia that a person has occupied the house. Kind regards

  • Leslie

    I have recently purchased a property (in July) Our lawyer was supposed to change the names of the contracts for the water and electricty. I signed paperwork with him and he charged us 200 euros as a gestor was going to do this. However, both the water and electricity got cut off as the previous owners cancelled the contract. We have not had water since 17th Sep and need to pay 1,200 euros for a new water meter, which would not have happened if the name had been changed. The previous owner has sent me a registered letter outlining that he contacted the lawyer many times throughout August to change the names but he didn’t respond so in the end he cancelled the contracts and had made the lawyer aware that he would do this. My lawyer has not admitted this to me and won’t give me the name of the gestor that he supposedly used to make the name changes. I would apprecaite advice as to whether I should denounce the lawyer.

    • Amanda Thomas

      Dear Leslie, Denouncing is for criminal activity. What you should do is contact them and warn them that unless the situation is rectified you will put in an official complaint as done through the lawyer and you engaged his services, involving contacting the local Barristers School and also the OMIC office. Put this in writing to them and give them a time to respond with a solution. Good luck, kind regards

  • Angela

    i rented my villla through an agency and the people who she put in turned it into a cannibus factory got rid of all furniture smashed through walls plants everywhere and they have ruined the whole house elecs plumbing etc all needs doing some where in the regoin of 5000 to put right the agency is taking no responsiblity the gurdia was called they are not interested i have had repeated trouble from the police and guardia in my area tried reprting it four times and they refuss to let me so i think my only way forward is to go to the nepapers as people need to know what ges o in spain

    • Amanda Thomas

      Dear Angela, Maybe return to the Guardia with an official translator from a law firm. This is a crime so I don’t understand why you cannot report it.

  • Hue

    I have a tenant that has paid no rent for a few months during covid . They have started to pay in October but on the condition they get a 50% discount I have agreed this for two months only and they are now refusing to leave the apartment. We had agreed a leaving date the end of October but they refuse and said take them to court

    • Amanda Thomas

      Dear Hugh, If you are in our area, please email us with the contract and we will try to help you. Kind regards

  • Sam

    We rent a property to long term tenants. Our property is within a community of approximately 60 properties.
    Last Autumn the tenant was caused to fall by a broken tile on a community step and suffered a broken ankle. The broken tile was officially known about by the community as it was mentioned in AGM minutes (June) as needing replacing but by October (some 4 months later) the tile was still not replaced and this is when my tenant suffered the injury as a direct result of this broken tile.
    This incident happened at night, there is very bad lighting and solely a piece of cardboard tied to a railing at the top of the stairs, almost illegibly, gives a vague warning about the step at the bottom.
    The injured party has health insurance which they used for medical care but this policy does not cover out patient needs such as pain killers, wheelchair etc and the associated costs for these are over 400€. As the owner I have emailed the community president to get this amount paid but they are refusing to pay a penny. Personally I think the civil thing to do would be to pay up but they’ve made clear that’s not happening.
    There was no Denuncia done by the injured party against the community. Is there a time limit on these things and would a denuncia be appropriate ? I’m surprised that their health insurance co. has not decided to pursue subrogation! I’m wondering if the community even have liability insurance !
    What’s the best next step ?

    • Amanda Thomas

      Dear Sam, A denuncia is for criminal matters, so not really appropriate. Firstly, I would send an email asking for the liability insurance and the reason why they are refusing to pay. Taking it forward legally would not be economically worth it for you or the tenant as would cost more than he could claim back. But I definitely think it is worth continuing to press the Community. Kind regards Amanda

  • Dawn

    Hi
    I got in touch with a building company to carry out work on my house.
    I had different job that needed doing. My main roof. My garage/porch roof and a back porch roof. Plastering in part of the house and a whole front driveway tiled. I was Quoted just under €8,000 they started with my main roof and completed it in one week. That was 14th August. The only other thing that’s been done is 2 walls plastered and a bit of painting. It’s now November 22nd . Iv contacted them so many times and most of the time they don’t answer or reply to my messages. Since August they only sent one man to my house on 2 occasions that’s done a little bit of painting then disappeared after a few hrs. When I do get hold of them I’m promised they will be coming but Never turn up. My house has half a roof ripped down part floor ripped up and my back roof partly down. My house is like a building yard and Iv been left like this. Apart from some felt for my main roof, and it was only patched not a full roof. Some plaster and 1 tin of paint. There are no materials at all. To do all the work they been paid all the money apart from €500 . Said he needed it for all the materials and to pay his workers. He advertises as professional qualified workmanship!!! We since found out by one of his workers the painter on. 2 visits they not professional and get paid in the pub on Fridays. Almost €8,000 is a lot of money. I’m a woman 60 . I’m heartbroken and don’t know what to do. I did get to speak to him last Monday and was promised they be at my house Wednesday and work would be completed in 6 days. I’m still waiting and again not answering phones. What’s the best thing to do I can’t really afford lawyers do I denounce. He’s stole my money. Got no intention of coming to do the work

    • Amanda Thomas

      Dear Dawn, Well, you can try to denounce but what that does is then the police decide whether to pass it to a Judge to decide whether the State will prosecute them, as you are not prosecuting them. I think they would decide it was not really a matter for the Prosecutor but a personal matter. I am so sorry. I think you have to keep trying and if to no avail, then consult a lawyer local to you for the cost of taking this forward in the Courts. We hope you get it resolved. Kind regards.

  • Robert fletcher

    Hi I am a member of a club with a membership of 30 people. Before civid a trip was organised payment of 130 euro but was cancelled because of restrictions but the person who organised it is refusing refund saying the the trip will be in March. I might not available to go or more restrictions may prevent it. She quotes the rules state no refunds, i have asked for a copy but will not send me one.What legally can I do . Thank you

    • Amanda Thomas

      Dear Robert, I am sorry. Really you need to keep trying. As you cannot do a denuncia for this with the police. And to be honest a legal letter by a lawyer can be ignored and would cost nearly as much. I am sorry but I think you can only keep pressing. Kind regards

  • Enrique

    Hi,

    I’ve been feeding some cats on s small piece of vacant land around the corner from my apartment (Roquetas De Mar) every night for the last few weeks. Last night on of the residents living in front of the land approached me and basically told me it was illegal and if I continued, he would “denounce” me . The word is used was “de­nun­cia”

    He basically started with:
    cats cause problems
    make noise
    today there are 40, then 30 then 20 – next year there will be double …etc
    I cant play with my kids on the street.

    I tried being reasonable but he ended with the threat of “de­nun­cia”
    Questions: Is it against the Law and can he actually do it?
    How would that affect my status and application for residence?

    • Amanda Thomas

      Dear Enrique, Firstly denouncing someone is for criminal offences. This is not a criminal offence. However a lot of town halls put an order that cats cannot be fed, so you need to check with your local town hall (as we do not deal with these matters). It is possible to get a permission/accreditation that you would be permitted to do it in one spot. You could get a fine if you continue. Also yes he could try to file a denuncia though I doubt it would be accepted and unlikely it would affect an application for residence. But our advice is to arrange to contact the town hall to seek the accreditation. Good luck!

  • Louise

    I know of someone who gained their residency for Spain in March 2019, whilst visiting on holiday. They have and still live full time in the UK and have only been out for a holiday in December 2019 for a couple of weeks. So my question does this mean they have lost their residency and if so where can they be reported?

    • Jane

      Hi Louise

      We cannot comment on if an individual has had their residency revoked.

      Kind Regards

      Jane

  • Portal XMC

    Most folks will have the same opinion with your post even though its missing a few examples.

    • Jane

      Thanks for your feedback.

      Kind Regards

      Jane

  • Angela

    For the past two and a half years a gypsy family moved into my quiet narrow street.Many of the houses are vacant.Firstly there was loud music but this quietened down after I complained repeatedly.Then they started renovating the house for hours sometimes up to 18 hours.I complained to the Town Hall and things became more reasonable.There was still noise but between 8 and 6.However on top of the house renovation which has gone on for two and a half years there is a sound of dragging heavy things.On occasions this has gone on until well into the early hours sometimes until 5.I lost a lot of sleep in this period and it affected my health.I am elderly with heart problems.At present there is still this sound at night sometimes going on until 12 at night so I have to go to bed later.Now from today there is loud knocking during the day and now the usual dragging sounds at night.It appears to marry up to visits from various people at night.I have tried to negotiate with them They simply say it isn’t happening.Also in this current covid situation I am afraid of catching covid with people coming and going.I’m trying to sell the house but with covid it is difficult.It’s having a huge impact on my health.Could denouncing them make things even worse for me? As they could retaliate and I could be accused of making false statements even though it’s all true.I am unsure of the Spanish system.I have no proof of what they are actually doing at night only rumours.I am mainly concerned about the unpredictability of the noise and it’s affect on my health.Many of the houses are empty in the street so I feel very alone with this problem.

    • Amanda Thomas

      Good morning, There sound very annoying neighbours but if the noise stops around 12 midnight there is nothing that can be done. You could call the town hall so that they can measure the noise, but from your comments, we don’t think it would exceed the thresholds allowed by each town hall, and as you say, this action could bring about more problems than solutions. It really may be best to “hold on” until you can sell the house. If the noise is the night is is excessively unbearable then you can call the police, but it will probably have no effect in stopping it, and could make life difficult for you with them. We hope the situation improves and that you manage to sell. Kind regards

      However, if she thinks the noise is excessively unbearable then she can call the police, but I don’t know if that will be the case

  • wendy

    I am in lanzarote and am being harassed by squatter neighbours, lanzarote has now protected them till may, but I need some advice, they got nicked on new years eve for having a party and blamed me for calling the police which I did not do, since then they have consistely been calling me names and stirring up trouble with the other spanish, Im not worried about them but I dont know what they have said to the other spanish and I dont who else is trying to get involved, its getting me down as I live on my own and am too old for this just want some peace, my landlady is trying to do something, these people have been a pain since they moved in a while back and I have put up with a lot of the last few years and since my partner died they have got worse, I can handle them as they scurry away when they see me but when they have an audience they start and thats what is becoming a problem, they also keep mentioning my dog which does alarm me, this is a constent day in day out thing and needs to be stopped,can you advise what to do

    • Amanda Thomas

      Dear Wendy, I am sorry as you are in a very difficult situation, as you already know that it will probably only get worse if you do anything. However if they threaten to hurt you or your dog, then you should go to the police and do a denuncia and maybe show them a list of all the incidents. Other than that there is nothing you can do but to advise your landlady of everything and try to keep away from them. I am sorry, situations with squatters are very difficult. I hope they are gone for you soon. Kind regards.

  • Jill Ferdinando

    Hi, We live in one of the oldest streets in our town, most of the houses, which back onto a lane along a river, still have back gardens. 2 yrs ago they started building a house on a plot of land next to us, but they have built the full length of the plot, with windows overlooking our garden, we asked if they could put a window at the back overlooking the river and not overlooking our house but they are refusing, ( the windows are only just 3 metres from our wall) We have threatened to go to the Town Hall to see the plans and to ensure the building has been approved, my question is if it’s not legal should we denounce them and what are the repercussions if we do?

    • Amanda Thomas

      Dear Jill, No, denuncias are for criminal acts, this would be a civil matter. This would be for you to check at the town hall, maybe need an architect advice and then engage a lawyer if they build it and you have to sue. But I think this could be sorted by checking the legalities and then contacting them. Kind regards

  • Teetta

    Hello, I really need some guidance. I own a property in Murcia which I rent out long term via a rental agency. There have been issues with late rent and bills payment, which the agency ignores. They don’t respond to mails neither do they answer our calls.
    We gave the tenants 2 months notice to vacate the property in April as we need to move to Spain due to financial reasons. However, we were contacted by the agency last week that the tenants had absconded with rent and bills unpaid. The agency also said the property was left in a mess and items damaged. They said they had cleaners and painters working in the property.

    We asked for more information on the condition of the property but got no response from the agency. We also asked about the unpaid bills and rent and so far haven’t gotten any response. They completely ignore our numerous mails.

    My husband and I are so frustrated and fed up with the agency and will like to know what we can do to ensure our property is returned to us in the condition it was handed over to the agency. Do you think this is a matter for the police?
    Thanks and I hope to hear from you soon.
    Warm regards

    • Amanda Thomas

      Good morning, please can you contact Amanda sales@spanishsolutions.net and send a copy of the contract with the agency, let me know who they are, and advise me when you last received rent and are the utility bills in your names and how much you think might be owing ?, Then we will advise what to do, Kind regards Amanda

  • Michael Goodson

    I was using an accountant through a gestor recommended by her. It appears that he was not dealing with filling out my tax returns in the correct manner. Due to this i have been fined by the tax office who reclaimed the tax they say i owed for four years back tax. I was taxed on a UK civil pension which is none taxable in Spain, however they said that owing to incorrect applications by the accountant who did not claim in the correct way. This was for 4 years ending in 2018. Should i now denounce him or the gestor as my lawyer was informed by the tax office the time limit has now expired.

    • Nicola Ryan

      Good Afternoon Michael,

      Thank you for your enquiry.

      We are sorry to hear of your predicament.

      A denouncia would not be the correct way to complain about the Accountant, it would be best to make a “Hoja de Re­clama­ción”. Please see a link below discussing this in more details, we hope this helps.

      https://www.spanishsolutions.net/blog/newsletters/problems-with-items-bought-online/

      Kind regards
      Nicola

  • Jean

    Hi we bought a property three years ago and had to give a neigbour €200 as a deposit on water that he said we were on a communal supply. This year we have been out on fire t water supply with water company and although we have asked for our deposit back by email as we have no number they have refused to answer or offer our deposit back, is it recommended that we put a denuncia on them to get our money back as we think it comes under theft?

    • Amanda Thomas

      Dear Jean, I am sorry, I am not quite sure whether you mean the neighbour won’t give the deposit back or the water company. If it was that the neighbour lied then please let me know, and when and how you paid the money, and we will advise what to do. if it was the water company, then the ladies in the office can assist with contacting the water company. With kind regards, Amanda

  • Alice

    Hi, we are living in Mallorca and moved out of our rental in April. We disagreed with the landlord over the deposit return and she sent a number of WhatsApp’s and emails around the disagreement, eventually my partner explained to her we felt she had stolen the money from us and had not put it into a scheme making it impossible for us to lay claim to the missing deposit money. She asked to end the communication and we did. We still live in the same town and my partner saw the new tenant recently and told him politely about our experience and to just be careful and make sure that his deposit is protected. Today she has sent a WhatsApp saying she has spoken to a lawyer and is going to the guardia civil to put in a denunciar. I am 9 months pregnant and this is causing so much upset and stress after already having lost deposit money (at the time we contacted a lawyer and they said to fight it legally would cost more than the deposit and not to bother unless we really wanted to spend the money). What will happen if she does go to the guardia civil? Does she have some kind of case against us? Should we get a lawyer? She was there when my partner spoke to the new tenant although she doesn’t understand english and the conversation was polite he spoke only to him then left and didn’t speak to her directly at all. Thank you for any advice you can give!

    • Amanda Thomas

      Dear Alice,

      I am very sorry but you really need some advice from an office in Mallorca. The only thing I would say is that people make a lot of threats that are often not true, so you may wish to concentrate on your forthcoming baby, and leave this to deal with only if something happens. Then go to a lawyer on the island. We wish you all the best with the birth, that is much more important. Please try not to worry. Kind regards

  • Tracy Allen

    My Husband has been working for a “professional” company in Mazzaron on a self employed basis (He is fully legal) They are refusing to pay his final invoice – can we make a denuncia against the Company?

    • Nicola Ryan

      Good Morning Tracy,

      Thank you for your enquiry.

      As you are local, we may be able to help you recover the monies from the company. We have passed your enquiry to our legal department who will contact you directly in due course. We hope this helps.

      Kind regards
      Nicola

  • E Pringle

    I have an old friend who owes me money, as well as many others and he is showing no sign of paying any of us back. He has been abusive towards me and I have proof of all of this. He is a non-resident and is continuing to take money from other people with no intention of paying anyone back, despite his promises. He has left a few apartments owing rent, although this part is non on my business, but I now need this cash back and he is ignoring all of my requests. Is there anything i can do to stop this con-man?

    • Nicola Ryan

      Good Afternoon

      Thank you for your enquiry.

      Yes, you can denounce your alleged friend and the Police will decide whether to investigate or not. It would be best if all the people who have been targeted by this person also attend and make a denuncia as the Police will the have a stronger case to investigate.

      Kind regards
      Nicola

  • Mark

    Good afternoon,

    I would like to inquire as to whether my situation is fit for a denuncia, and if one was leveled at me whether or not it would have any traction. After injuring myself at the restaurant that I work at, days before my contract expired, I was ‘dismissed’ and my contract not renewed. This information was given to me the day of my contract expiring and, during the interim, I have recovered, as well as attempted to communicate between my employer, her accountant, and the mutua.

    It is my belief, upon seeing the finalized paperwork, that the contract I was on, whilst not illegal, did not reflect my hours (though this I decided to wave, considering the predicament that I was left in), and I know, from first hand experience, that the restaurant is not in line with any form of modern safety standards or practices. In this situation – bearing in mind that, all threats considered, I wish to distance myself from the situation as much as possible – is a denuncia the appropriate course of action, or are there other legal means that I should seek out first?

    Regards

    • Amanda Thomas

      Dear Mark, I am sorry to hear this. Probably the best way to achieve what you wish (not a report of criminal action to the Guardia) is to put an anonymous denuncia at the Laboral Administration. We don´t assist with this, but this is the link https://expinterweb.mitramiss.gob.es/buzonfraude/. You do not say whether (if you were dismissed) finiquito was paid, but if you were then you have 10 working days to claim this and one year to claim unpaid salary through the local Labour Courts. You would need a lawyer close to where the restaurant is to deal with this and to provide them with documentation. With kind regards,

    • Nicola Ryan

      Afternoon Mark,

      Thank you for your enquiry.

      If you feel you have not received your correct pay, been dismissed unfairly or not received your finiquito, it would be best to contact an Assessoria in your area who can review your claim. If you would like to complain about threats of violence ect, this would be a matter for the Police and a denuncia should be made. We hope this helps.

      Kind regards
      Nicola

  • Brenda Teather

    Hi there, A friend of mine has denounced a couple for squatting in a property that he is looking after. He has received a letter informing him that a court hearing will take place in early November. The landlady lives abroad and may not be able to make the hearing. Will my friend have to attend, as the person who denounced the couple? He doesn’t want to take part, as he is afraid that he will be subjected to aggressive behaviour by them and their local friends, who are also squatting. What would happen if he doesn’t take part in the hearing? Would he be fined or worse?
    Thank you.

    • Amanda Thomas

      Dear Brenda,

      Yes, I am afraid if asked by the Court he must attend as a witness or would be in breach of Court and yes there could be problems for him. I am sorry, but he does need to attend and always call the police if threatened at all in any manner in the future. Kind regards

  • James Mac

    If someone confesses to a crime online and they live in Spain but I live in another country, who can I report the crime to, with screen shots?

    • Tracie Miles

      Good morning James
      I have emailed you under separate cover this morning.

  • Terry Wardle

    Hi. I lent my neighbour €500 several months ago with an agreement that she repay in 2 installments, €250 at the end of January and another €250 at the end of February. She has indicated that she will be “Unable to repay me” as agreed. I have a WhatsApp record of our conversations and her accepting that the money has gone into her account. I also have her bank details.
    Would I be able to issue a Denuncia, and what would be the likely outcome. Thanks in anticipation.

    • Amanda Thomas

      Dear Terry, I am sorry to hear that, this would be a civil matter not criminal. It would need a lawyer to pursue it, we can help if you can send us copies of the whatsapps please and the history, With kind regards, Amanda

  • Maureen Lucas

    Hello your advice on how this can be resolved would be greatly appreciated, I live in the UK .
    My son’s ex partners father died in June 2012 and she had no money or insurance for his funeral so we lent it to her 3600€. They split up and she struggled financially so we never put on pressure to repay the loan then in 2018 we were made aware that she had a good job when we contacted her she agreed to pay 200€ a month into a bank account we opened at Banco Sabadell. She only made one payment of 100€ then had problems with her plumbing then COVID 19 hit.
    We now need to get our money back but don’t know how can you help please

    • Amanda Thomas

      Dear Maureen, Please can you send me an email with a copy of the loan payment, plus the agreement communications regarding the 200€, and a copy of the 100€ payment. We can do a legal letter for you, with kind regards Amanda

  • Christoper Adam

    Dear all,
    My son, parents and extended family have been through a nightmare over the last year, culminating in Ibiza recently, where several outright horrific things occured, despite the purpose (and risk endured) in traveling was urgency in addressing signs of trauma for my son. For simplicity reasons, (and emotional), there are aspects to specific events that are currently overshadowed with the immediate focus of a legal team, but are ones that I feel are of considerable concern that they warrant both a forum for insight, and awareness of the rights of citizens when dealing with the Guardia Civil – the authority one should be able to trust, not fear. The 2 simplest/cleanest questions that I’m kindly looking for insight on are;
    1) In the instance of a voluntarily and unannounced appearance at a Guardia Civil station to lodge a complaint of serious and substantiated nature against an individual (extreme threats – some recently acted on, extortion, intimidation, coercion), accompanied with a dosier of such threats in spanish and audio recordings that are explicit, is there any legal exceptions or provisions that allow any of the officers in the station (or generally) to notify the denuncia during the statement (including listening to incriminating audio), such that they have effectively opportunity to act before the evidence is fully consumed, presented to the prosecution and denunciation decisions are made?
    2) In the case that out of necessity / fear, you have no option but to bring your child (4 years) to the station in the lodging of the complaint, and temporary shelter from danger, do the Guardia Civil officers have the rights to prevent and separate you from your child, despite having clarified via translator approval to leave, whereby the officer preventing the departure achieved this with zero notification that this was a deliberate and hostile act, instead providing exhaustive reassurances that I was compelled to probe in the absence of finding any verbal solution that was leading to the approved (which was for politeness sake) departure?
    As this was during mid afternoon, prompted by a scare, there has been here-say of nothing more than subjective claims of an appearance of apprehension and deep concern while making such complaint (a surprisingly unexpected reaction from trained officers), however no notification or attempts to ascertain any explanation if that were to be the case.
    These 2 acts cascaded into a situation that has put a child in such severe danger, with such overt lack of diligence if it were to be a procedural error, and otherwise several specific identifiers of collusion. So a bonus question;
    3) With demonstrable proof of collusion, extreme breach of conduct, and in this case endangerment of a minor that continues to persist, what avenues beyond the default complaint process would appear as options or considerations (i.e. can civil and/or criminal action be applicable)?

    • Amanda Thomas

      Dear Christopher, For queries regarding legal actions against the Guardia Civil on Ibiza you need to approach a legal team on the island. I am sorry but we could not help with this. Kind regards

  • Jon

    Hi,
    About 2 months ago we had a 12000-liter water tank installed underground as part of a new Bio-Digester system (domestic sewage treatment).

    Unfortunately, a short while later we discovered the water tank leaks, so is useless. We have contacted the company who supplied and fitted the system, they visited us and said they would need to come back to complete an investigation to see if the tank supplied was faulty.

    Since the visit, the company has ignored several phone calls and WhatsApp messages.

    I live in the campo near La Romana, can you please advise what we can do as we are getting no response from the company.

    • Amanda Thomas

      Dear Jon,

      I would advise you in the first instance to put a complaint in through the OMIC Consumer Bureau, so best to have a look at our blog on “hoja de reclamaciones”, customer complaints, then visit the company and demand they complete the forms, then take them to the local OMIC office to you, which you will find on google. Kind regards

  • David Obaseki

    I rented a room to someone in my flat not knowing she is mentally ill, now she won’t pay her rent, and she bring in all manner of people to live with her. Pls I’m confused don’t know what to do now. She is Spanish and I’m African, the police tend to be on her side everytime they came.

    • Amanda Thomas

      Dear David, If she is not paying the rent, she is breaching the contract and you need to start an eviction process through the Courts. if the property is near to La Zenia, please contact us, as you need a lawyer in the area where the property is located. Kind regards Amanda

  • Stuart Bourn

    Hi, I have been in my new build 1 year. I have several defects with the property which I have informed the builder on several occasions since. I wrote him an email 8 weeks ago informing him of a date I wanted them completed which has now passed! He refuses to communicate with me! I am now in a situation where it would cost me thousands of euros to fix myself? Should or could I denounce him for not fulfilling his contract?

    • Amanda Thomas

      Dear Stuart, This is not a matter you can do a denuncia as it is civil rather than criminal. You would have to engage a lawyer and take him to Court if he will not comply. We may be able to help if the property is local to us, With kind regards, Amanda

  • Aideen

    Good Morning, I hope you can give me some advice. My downstairs neighbour has denounced my glass porch, which I have had removed because of very penal consequences by the Ayuntamiento. It had a roof and two fixed windows, plus sliding windows, which constituted an additional room, (small porch) There is 0 Sq. M. allowed for planning permission. Can you advise as to what structure would not attract denunciation and would you possibly have any photos, please?
    Thanks in advance, Aideen

    • Amanda Thomas

      Dear Aideen, If you are local to our office you should start from scratch with an email of what you would like to do and then we can check what is allowed, With kind regards

  • Lisa

    Hi there,
    A bar I worked in got a fine for not having a contract in place (even though I was a self employed singer so they didn’t need a contract) Rather than argue it with the inspectors as they are at fault, the bar has taken the option to pay a fine (lowered if paid within a certain amount of time) and has threatened to denounce me to claim the money back if we don’t give him the money back that the bar has been fined, stating that they think I deceived them into hiring me. I don’t think they can denounce me for this as I have total proof I was legal, I never received a fine myself and it’s not a criminal matter, but just wanted to double check your thoughts on this. Thank you

    • Amanda Thomas

      Hi Lisa, The lawyer said “If the fine goes to the bar, the responsibility is for the bar and the owner.
      They can´t ask her for a payment. Anyway, if she has all her papers in order she will be fine.” With kind regards

  • Ella

    Hello
    We live in a small community of 26 houses. We have some neighbours in our street who have been here 6 months. They have a small dog which barks most of the day (and night). Part of their garden is covered in dog faeces. They leave the house open all day so the dog and come and go as it pleases. They own a restaurant in Torrevieja so leave at 9.30 am and often don’t return until 1.30 am the next day. They have 2 teenage daughters at home who make no effort to keep the dog quiet. The daughters go to school and return around 2 pm. Residents and holiday makers are all complaining about the constant barking but the owners of the dog do nothing.
    The President of our community (on the advice of the local
    Police) has written to the owners of the dog asking them to keep the dog quiet. I understand that our administrator has also contacted the local police who have advised we issue them with a denuncia as a community via the local council.
    I don’t think that this will make any difference to the situation.
    What happens if they take no notice of the denuncia?
    Since they moved here our lives have become hell and it is impossible to sit out in our gardens because of the dog barking. Most of the community has complained over the past 6 months to our President or administrator. What else can we do?
    Thank you.

    • Amanda Thomas

      Good morning, I am sorry but it appears to us that all that can be done is being done. What a nightmare. With kind regards.

  • Oleg

    Good day.

    I have an unusual situation. I am a ukrainian citizen, ordered a renovation of my ukrainian passport in Valencia via “Document”. That “Document” is just a business, it’s not an embassy nor consular part, it’s just a ukrainian business that provides services concerning documents for ukrainians abroad. So the problem is they don’t issue documents to men of 25-60 years. They collected money and refuse to give our documents, some men are waiting since January, personally I am waiting since April. They excuse is “we are having technical issues” , meanwhile they successfully issue documents to anyone except mention above. What shall we(there are many victims all around Europe) and me personally, they offered service but never fulfilled their dues and they just keep our documents. Please help

    • Nicola Ryan

      Morning Oleg,

      As they are a Spanish company and there are many people like you, you could all denounce the company. They should not be taking money from you for a service they know they can not provide. In this case, they should offer a refund to you.

      Please also find a link discussing the complaints procedure when buying something in Spain, this may prompt them to issue a refund:

      https://www.spanishsolutions.net/blog/newsletters/problems-with-items-bought-online/

      We hope this helps and you get this matter sorted asap.
      Nicola

  • Matthew Kelly

    Hi,
    I rent a villa in Lanzarote out through a management company. They informed me that a guest has contacted a local solicitor and wants to Denounce me due to perceived issues with their stay. There was one valid issue with electricity tripping due to a garden light which was fixed after three days once the problem was identified. Other issues are subjective like complaining the bed wasn’t big enough and the sun loungers were ‘grubby’. They want €2000 from us which includes their flights as well as the accommodation. The villa is properly registered as VV and insured etc.

    • Amanda Thomas

      Dear Matthew, Thank you for your message and for explaining the situation.

      Please do not worry — it is very common for guests to threaten a denuncia or claim compensation after a disappointing stay, but in most cases these matters do not amount to any legal liability for the property owner, especially when the villa is properly registered and insured.

      From what you describe, the issue with the electricity was identified and resolved within a reasonable time, and the remaining complaints (about the bed size or loungers) are subjective matters of comfort, not legal breaches. Their demand for €2,000, including flight costs, appears unjustified.

      At this stage, I would suggest the following:

      Do not communicate directly with the guest.

      Ask the management company to provide all correspondence and details of the complaint.

      Contact a solicitor on the island if you hear any more or a formal denuncia is shown to be filed — often, such threats are only verbal or informal. Please rest assured that these situations are typically resolved quickly once a legal reply is issued. You will need a solicitor on the island of Lanzarote for this as we are on the mainland, With kind regards.

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