‘Legal’ home to be demolished
This week the Costa Blanca People came to us to discuss an issue as they had been contacted by a family who are distraught after being told their 12 year court battle to keep their home intact has been lost and a ‘legal’ extension may well have to be demolished, destroying their home. We have been given permission to tell this story.
In 2002 they needed more space. A friend suggested adding an integral extension. The couple consulted three legal experts and all gave the same three steps that needed to be followed;
- to check that the builder had left enough space to legally build what their architect had in mind,
- secondly to gain the relevant and necessary planning permissions and licences
- and to inform the community.
The first two steps were not a problem, however one neighbouring house objected to the plans. The family requested a community vote, as the neighbours either side were happy with the plans and so were most of the surrounding neighbours – but they were refused the opportunity to have one. The couple went to the President and the administrator but were told they should speak to the objector. Unfortunately the discussions were unsuccessful and so the family were left in limbo.
The couple went back to the Town Hall and the lawyer and a meeting was held, attended by a representative from the Town Hall, the planning officer and members of the community committee. The outcome was that all the permissions were legal and the neighbour did not have the right to block the extension and they should go ahead.
They were also told at that meeting that because they had planning permission they could start the build in lieu of the licence being granted, as this could take some time. As it happened the build started in August of 2004 and the licence came through in December of 2004, with the work being completed in 2005.
Unfortunately for the family far from being over, their nightmare was just beginning when they were issued court papers for a case brought by the community and the objecting neighbour. The court case has gone on ever since with the court claiming the build was illegal because the work began without the licence being in place and the family appealing because they were given official permission to do so and it only over lapped by a few months and well in advance of the extension being finished.
Last week the family were visited by a court official and delivered papers saying the court decision was now final and that a court surveyor would come and arrange the removal of the extension.
However, there may be a little hope; the family are hoping to talk to the court surveyor to discuss the issue and are praying when he visits the building will be approved and they can put this behind them.
We are relating this story to emphasise that it is so important in Spain to ensure that the rules are followed to the letter, as sometimes problems can arise. We can assist with planning permissions and extensions and if you need any advice please contact Ana.
