The unlawful and illegal holiday tourism industry is getting another pounding again as apartments are now the subject to a Town Hall decree in Marbella. An amnesty will exist until March 2016 after then matters will escalate and the Town Hall will (opposite to might) intervene.
Developers and the Marbella Town Hall officials have experienced one Glaswegian kiss from a court this week.
The holiday industry roguish behaviour has been subjected to the fury of the Spanish court again this week.
The Town Hall have been forced into action as a direct response to the new court ruling in Almeria which awarded 3 British families over £100,000 in damages from developers.
Many holiday properties on the Costa del Sol are unlawful (that’s an established fact) as they fail to correctly describe exactly what activities take place at the sites, differentials in types in holiday complexes and misfiling in the applications of law 42/98 are to blame in many cases.
In Marbella there are vast amounts of unlawful timeshares and tourism properties as well as voidable contracts with scant compliances. Apart from timeshare many other illegitimate holiday properties exist. Many in breach of planning and building laws.
The consumers owners bought in “good faith” says the Spanish judge “they deserved compensation for living with the possibility of losing their home” the judge ruled.
The Court also awarded €7,800 to another British family, whose savings were trapped in a home that was half built before work was stopped.
“Facts were all over the place” but its estimated more than 250,000 properties were built illegally in Andalusia alone (during the boom years), creating an emotional and complex issue for everyone.
Historically a plan was approved by the ruling junta in 2012 to legalise homes, but there has been little progress, critics charge.
A few weeks ago “the dilly dallying” junta broadcasted that an additional 25,000 homes could (as opposed to might) be saved from destruction, under a new amendment to the plan.
For years owners have not known whether their homes would be demolished. In many cases, they could not rent or resell the property, with the legal case in limbo.
Last month prosecutors called for the demolition of 93 British bought homes.
“In the meantime this whole drama of timeshare and illegal properties remains a terrible stain on the reputation of Andalusia says the court.
Mark Stucklin said. “INNOCENT people bought in good faith and ended up with illegal homes through no fault of their own. They have been treated appallingly by the Spanish authorities.”
Get in there judge-
the court said “if the Developer goes bust YOU the Town Hall can pay and that’s my order.
“In the I am a developer get me out of here style.”
The kick-ass judge in the Albox case jumped on the consumer horse and ruled, awarding damages to the owners for their issues.
Developers and architects are liable for the payments the court said. But if the Developer can’t pay, the judge ordered:
– the local Town Hall can pick up the bill for failing to control the situation and lending “an appearance of legality” to illegal building.
The TCA says “get in there.”
“It’s very probable that the homes might be legalised in reasonable time frame and that depends upon administrative procedures,” the sentencing judge explained.
Landmark Ruling
“It’s good news for the owners,” Maura Hillen, president of local property rights campaign group AUAN told local media, pointing out that this is the first time that victims who bought homes in good faith have been awarded damages for their suffering.
The developers and the town hall have the right to appeal, so it may be years before the owners receive any payment. But their victory is still an important step, according to their attorney, Gerardo Vázquez.
For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 01908 881058 or email: info@TimeshareConsumerAssociation.org.uk