So much has gone on in the past, that it is now time (except where fraud is shown) to draw a line under this, The P>P> is right It will put confidence back into what has become a bad situation. Most people bought in good faith, it is the fraudsters (Mayors) etc who should pay.

This happens with depressing regularity. I can remember similar transgressions in the late 1980s/early 90s that were eventually legalised. The line that has to be drawn is the one that states if a property is built illegally that property will never become legal. It is illegal because it has been selfishly constructed outwith accepted, planned and authorised building areas. If there is a change to those planning areas, on the basis of sound planning policy for the benefit of all, there still must be a fine paid by the person that benefited from the construction, with the fine being more than the benefit that has been received otherwise it will just be factored into the cost of construction. Each property must be looked at on an individual basis. If there is no planning justification for the house being there at all, it has to be demolished. If the planning is changed to make it legal, but the beneficiary is the occupier then they should pay that fine. There is no such thing as an innocent 'good faith' buyer. Ignorance of the law is no excuse and somewhere along the line of purchase, the buyer or their advisor will have known or could have discovered that the property was illegal, but just took be 'commercial' view that after some hassle it would eventually be legalised. Or, more likely, if it was the adviser, just decided to keep quiet and take the fee. They should be sued by the owner that depended upon them if they are having to pay the fine. Over the last 20 plus years, there have always been general plans that clearly state what development can be carried out on any piece of land. If somebody ignores these plans and just carries on regardless, they have to pay the penalty. Otherwise society collapses. Do not blame even the corrupt local authorities. Those paying the alleged bribes will have or should have known that the permissions being granted were not according to the legal general plan.

Surveyor:"There is no such thing as an innocent 'good faith' buyer".
You're talking absolute tosh. There are thousands, many retirees, who depended on (and paid) so-called lawyers to legally advise. How were they supposed to know that many of these in the legal profession, like many in other Spanish professions, were either corrupt or just to lazy to check the PGOU. When one sees a valid building licence issued by the Town Hall and pays a lawyer good money, why should anyone think there was any problem?
It's easy being a clever-dick when you're in-the-know about the corrupt mess that has been going on for years.

tottally agree wth sofia

An old quotation, modified -
'methinks the Surveyor doth protest too much'

An old quotation, modified -
'methinks the Surveyor doth protest too much'

An old quotation, modified -
'methinks the Surveyor doth protest too much'

Exactly as I said, if the buyer had checked the PGOU they would have found that the property was not legal. However, many buyers have not a clue as to how to go about these things so, rightly, presumably, they have employed an 'expert', probably a solicitor, assuming them to have a professional conscience that would not let their client buy illegally. The 'expert' should be sued for breaching the professional duty of care to their client. If the buyer just went ahead without seeking any advice or doing due diligence, then they were negligent themselves and are now having to pay the price.
It does not stop the property being illegal. The buyer's 'good faith' has been with regard to his adviser, not with regard to the property's legality. We as a community are being deprived of amenities, open countryside and views by the selfishness of a few.
"The lady doth protest too much, methinks." is the proper quote, though what that has to do with my comments I do not know.

I have to agree with ´surveyor´.
Each sensible man (or woman) that enters Spain to look for a new home can sense something must be not like the way it is back home. You can put your head in the sand by ´handing´ your self over to a lawyer , (often presented by the seller, that should raise some questions? ´The Devils advocate!) or this ´genuine estate agent´and blame ´them when things go wrong. Lots of buyers just close their eyes and block their thinking because they want their dream fulfilled.
Stories about illegal buildings are common in Spain for the last 30 years, its been in any (English or Dutch or German) paper all these years and even hits regularly the news in these ´home´ countries. Any buyer that says ¨I wasn't aware.¨ is at least blind for all this. Anyone that is at least a little critical should at least have its systems on alert when it comes to buying. I don´t buy it if people hide behind their own innocence, it is just an argument to hide their own foolishness. I could accept a handful truthfully innocent people, but we are talking millions of buyers here in Spain over the last years. Innocence simply doesn't come with such numbers! So the blame is as much with us buyers as with the fraudulent authorities, constructors and sellers. They want the money and we were all too eager to give it them....!

Rudy

These illegal buildings are like graffiti on the landscape. It may be art, but in the wrong place and destroying a greater beauty.
To go back to the original article, if the illegal buildings are given restrospective permission, what about compensating all the people who have gone through the proper processes and not been given permission to build. In fairness now they must be given permission too - or compensated for the lack of it and all their costs. Where does it stop?

That's the whole point! By issuing a general pardon even future illegal builders get the right to build. Why should I'll be deprived from my building wishes if all my neighbours saw their illegal projects granted? I could even sue the authorities for discriminations!

In all fairness, to make an end of these practises illegal constructions should be either demolished or fined (depending on local situations) but the justice system in Spain should assist house owners in helping to find compensation for their losses by chasing down the initiation parties or else to blame for...
Only drastic measures will make this sick patient healthy again.. And every party will feel the pain....

Rudy