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El País highlights foreigners affected by the Spanish Coastal Law
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By h.b. - Oct 20, 2008 - 8:12 AM
The paper explains how both Spaniards and foreigners who purchased coastal property before 1988 can not sell it as it is expropriated by the Spanish state.
The United Kingdom and Germany have asked Spain for explanations for what they consider to be abusive expropriations of property owned by their subjects in Spain. Britain has already asked for information from both the Spanish Foreign Minister, Miguel Angel Moratinos, and the Spanish ambassador.
The case is highlighted in today’s edition of El País, and looks as homes which now face demolition under the Ley de Costas, Coastal Law, which came into force in 1988, but which has not really been applied to any extent until 2004 which the arrival of Cristina Narbona as Minister for the Environment.
Thousands of Spaniards and foreigners who have homes on the front line of beaches across the country now face losing their properties. Under the law they can use them for at least 30 years, but they cannot sell or extend them, and they need special permission to carry out any type of reforms. The paper concentrates on the case of the Briton Cliff Carter and others at the La Casbah urbanisation in El Saler in Valencia.
A statement from the Ministry of the Environment says that they have no intention of changing the current legislation.
The British consuls are reported to be recommending British citizens to complain to the Defensor del Pueblo, the Spanish ombudsman, or to take their case to the European Parliament which has already been informed of the problem. Britain says she understands that Spain wants to limit construction along the coast, but they do not share the method by which they are expropriating property, considering that it affects those who have purchased in good faith.
The Ley de Costa establishes that the coastline land defined as ‘dominio público marítimo terrestre’ can see no homes or swimming pools, but that those built before 1988 will move into state ownership but will give the owners a 30 year use of the property, which can be extended to 60 years in some cases.
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El País highlights foreigners affected by the Spanish Coastal Law
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By h.b. - Oct 20, 2008 - 8:12 AM
Cliff Carter and friends at their El Saler home - Photo El País.
The United Kingdom and Germany have asked Spain for explanations for what they consider to be abusive expropriations of property owned by their subjects in Spain. Britain has already asked for information from both the Spanish Foreign Minister, Miguel Angel Moratinos, and the Spanish ambassador.
The case is highlighted in today’s edition of El País, and looks as homes which now face demolition under the Ley de Costas, Coastal Law, which came into force in 1988, but which has not really been applied to any extent until 2004 which the arrival of Cristina Narbona as Minister for the Environment.
Thousands of Spaniards and foreigners who have homes on the front line of beaches across the country now face losing their properties. Under the law they can use them for at least 30 years, but they cannot sell or extend them, and they need special permission to carry out any type of reforms. The paper concentrates on the case of the Briton Cliff Carter and others at the La Casbah urbanisation in El Saler in Valencia.
A statement from the Ministry of the Environment says that they have no intention of changing the current legislation.
The British consuls are reported to be recommending British citizens to complain to the Defensor del Pueblo, the Spanish ombudsman, or to take their case to the European Parliament which has already been informed of the problem. Britain says she understands that Spain wants to limit construction along the coast, but they do not share the method by which they are expropriating property, considering that it affects those who have purchased in good faith.
The Ley de Costa establishes that the coastline land defined as ‘dominio público marítimo terrestre’ can see no homes or swimming pools, but that those built before 1988 will move into state ownership but will give the owners a 30 year use of the property, which can be extended to 60 years in some cases.
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Readers' comments:
Surveyor
20 Oct 2008, 08:48
20 Oct 2008, 08:48
Again, where were the lawyers? If people bought after 1988, they should
have been told they were only buying a licence. I can remember that this
law was a hot topic in 1989 when I first came to Spain. Was there not some
form of compensation agreed at that time?Ignorance is no excuse and should
not be confused with 'in good faith'.
Pedro
20 Oct 2008, 15:42
20 Oct 2008, 15:42
I now realise that we spanish are very good at shooting ourselves in the
foot. The first foot has been shot at many times and much fewer holiday
makers are coming. Now, we shoot the other foot and no more home buyers
will come from Europe. Our leaders are graphically showing our " Banana
Republic " management skills. SHAME.
PSOE Hater
20 Oct 2008, 17:11
20 Oct 2008, 17:11
Can't buy in the countryside because your house may get demolished, can't
buy on the coast because your house may get demolished. What kind of a
third world arse-hole of a country is this?
Surveyor
20 Oct 2008, 18:53
20 Oct 2008, 18:53
The problem has been with people treating it as third world when it is NOT.
The laws and regulations have been there, but people have blythely ignored
them and carried on building without permission; in the wrong places;
buying without prudent investigation; trusting in lawyers, architects, etc
who have not had a professional conscience to advise their client fully
because their fee depended upon the deal going ahead; buyers naively
believing 'everybody does it' makes it OK; etc.
Surveyor
20 Oct 2008, 18:58
20 Oct 2008, 18:58
Following on - if the individual buyers in Marbella had not gone ahead with
their purchases because they had investigated the planning and found it to
be illegal, the whole sorry mess would have been stopped at the beginning.
Same with those who have purchased properties to be demolished in the
country or on the coast.
Surveyor
20 Oct 2008, 19:05
20 Oct 2008, 19:05
Entry not scrolling!!
The problem with Spain is that the law is too slow. If there was instant reaction to illegal development or sales (perhaps by the Notaries e.g. who must know that houses within the coastal zone should not be sold without notice that they have a time licence)then again the 'innocent' wouldn't be caught. But people have to look out for themselves. The info is there for the prudent. There is no such excuse as buying 'in good faith'.
The problem with Spain is that the law is too slow. If there was instant reaction to illegal development or sales (perhaps by the Notaries e.g. who must know that houses within the coastal zone should not be sold without notice that they have a time licence)then again the 'innocent' wouldn't be caught. But people have to look out for themselves. The info is there for the prudent. There is no such excuse as buying 'in good faith'.
PSOE Hater
21 Oct 2008, 15:57
21 Oct 2008, 15:57
So how were the people who bought before 1988 supposed to know that the law
was going to be introduced? I don't suppose they, or even their lawyers,
are psychic.
Like I said, third world arse-hole of a country governed by a bunch of brainless goons.
Like I said, third world arse-hole of a country governed by a bunch of brainless goons.
luc de waen
04 Nov 2008, 08:30
04 Nov 2008, 08:30
the truth is the truth....
we have been living in Catalunie for six years...and not one foreigner i know here is staying after six years,,,really ALL of them are leaving Spain....we are thinking the same....
even the European laws are ignored....
The goverment doens"t even answer the letters from the Europeen counsil.....
tourist are being treated like undesired necesities....this time with the initial crisis....it will be more than a shot in the foot.....
we have been living in Catalunie for six years...and not one foreigner i know here is staying after six years,,,really ALL of them are leaving Spain....we are thinking the same....
even the European laws are ignored....
The goverment doens"t even answer the letters from the Europeen counsil.....
tourist are being treated like undesired necesities....this time with the initial crisis....it will be more than a shot in the foot.....
Surveyor
04 Nov 2008, 08:52
04 Nov 2008, 08:52
Come to Costa del Sol and you'll find thousands who have been here for many
years and intend to stay. Those that leave have come with a dream and for
whatever reason they have decided that their dream place is not Spain.
Faults in Spain, but also in the person. By coming to another country you
cannot run from yourself. Lack of adaptability, language, desire to fit in,
acceptance of new culture and ways - these are all reasons for leaving.
You'll find the place you left has moved on too though, as have you.
cliffinlacasbah
11 Nov 2008, 18:45
I am writing to tell you about the work that the Danish MEP Margrete Auken in doing in relation to abuses of peoples legal property rights in Spain.
The article in EL PAIS in Spain (where I live with my Spanish wife) says Margrete Auken is going to produce a critical report on the lack of respect in Spain of fundamental property rights.
She was very brave to stand up to some MEPs who insist that there is no real problem and that it is an internal affair of the Spanish sovereign state, I can tell you from first hand experience that these situations are real and happening now with the abusive and retroactive application of the LEY DE COSTAS 1988
11 Nov 2008, 18:45
I am writing to tell you about the work that the Danish MEP Margrete Auken in doing in relation to abuses of peoples legal property rights in Spain.
The article in EL PAIS in Spain (where I live with my Spanish wife) says Margrete Auken is going to produce a critical report on the lack of respect in Spain of fundamental property rights.
She was very brave to stand up to some MEPs who insist that there is no real problem and that it is an internal affair of the Spanish sovereign state, I can tell you from first hand experience that these situations are real and happening now with the abusive and retroactive application of the LEY DE COSTAS 1988
cliffinlacasbah
11 Nov 2008, 18:54
11 Nov 2008, 18:54
My particular case, like thousands of other people, mainly Spanish,
involves the abusive application of a very necessary law, the Spanish
coastal law (ley de costas 1988). Even if you own near the coast, legal
property built with licences before 1988, the ministry of the environment
can still take away the ownership from you without financial compensation.
Our chalet built on land sold by the authorities in 1970 has been NATIONALISED
They have taken away our rights to the property, and given us in return permission to continue to live there until we die, after which the property will be demolished. The permission to live there is non transferable ,and they can take it away from you at any time (if they consider it in the public interest) and compensate you with the cost of build and not the value of the property. This is equivalent to expropriation without reasonable compensation.
Instead of stopping, from 1988 onwards ,all construction along the 100meters zone next to the coast, they are attacking the owners of legal properties built before the 1988 law came into force.
Our chalet built on land sold by the authorities in 1970 has been NATIONALISED
They have taken away our rights to the property, and given us in return permission to continue to live there until we die, after which the property will be demolished. The permission to live there is non transferable ,and they can take it away from you at any time (if they consider it in the public interest) and compensate you with the cost of build and not the value of the property. This is equivalent to expropriation without reasonable compensation.
Instead of stopping, from 1988 onwards ,all construction along the 100meters zone next to the coast, they are attacking the owners of legal properties built before the 1988 law came into force.
cliffinlacasbah
11 Nov 2008, 18:59
11 Nov 2008, 18:59
I joined the national organisation against these abuses ,the PNALC and
they have sent a petition to the European parliament which has already been
accepted and we await the initial report.
I am English, but my wife and the majority of people affected are Spanish , and I think they need some help to realize that something can and should be done to persuade the Spanish authorities that they have to respect peoples existing property rights when they develop and apply new laws.
Please support this report by Margrete Auken as legal action inside Spain has not resolved the issue and pressure needs applying at a European level to precipitate a change within Spain.
Yours sincerly
Cliff Carter and Maria Jose Ruiz Giner
Website of PNALC against abusive application of Spanish Coastal Law is:-
www.afectadosleydecostas.com
EL PAIS article :-
http://www.elpais.com/articulo/Comunidad/Valenciana/diputada/verde/danesa/p ide/castigar/Espana/elpepuespval/20081107elpval_6/Tes
I am English, but my wife and the majority of people affected are Spanish , and I think they need some help to realize that something can and should be done to persuade the Spanish authorities that they have to respect peoples existing property rights when they develop and apply new laws.
Please support this report by Margrete Auken as legal action inside Spain has not resolved the issue and pressure needs applying at a European level to precipitate a change within Spain.
Yours sincerly
Cliff Carter and Maria Jose Ruiz Giner
Website of PNALC against abusive application of Spanish Coastal Law is:-
www.afectadosleydecostas.com
EL PAIS article :-
http://www.elpais.com/articulo/Comunidad/Valenciana/diputada/verde/danesa/p ide/castigar/Espana/elpepuespval/20081107elpval_6/Tes
luc de waen
12 Nov 2008, 12:11
12 Nov 2008, 12:11
dear SURVEYOR....
we are not running from ourselves...nore is there a lack of will to integrate,,or speak the language
it is a matter of law abuse by the governement.. the corruption on local level and above...and the difference in written law,and practical experience..
these are reasons to leave, and they don t fit any of the ones you presume..
we are not running from ourselves...nore is there a lack of will to integrate,,or speak the language
it is a matter of law abuse by the governement.. the corruption on local level and above...and the difference in written law,and practical experience..
these are reasons to leave, and they don t fit any of the ones you presume..
cliffinlacasbah
03 Dec 2008, 00:10
03 Dec 2008, 00:10
Another draught report has now been issued by the petitions committee of
the European Parliment on urbanistic abuses in Spain.
It states that the authorities must respect the rights of legal property ownership and is suggesting that if adequate compensation is not given ,the EU may withold funds.
I think this approach may also be applied to abuses in the application of the coastal law (ley de costas) in the future.
It states that the authorities must respect the rights of legal property ownership and is suggesting that if adequate compensation is not given ,the EU may withold funds.
I think this approach may also be applied to abuses in the application of the coastal law (ley de costas) in the future.
Surveyor
03 Dec 2008, 07:01
03 Dec 2008, 07:01
It's good that action is being taken by the EU as the whole expropriation
compensation situation in Spain does appear to be unjust. However, my rant
above is against the 'in good faith' excuse. After the Ley de Costas came
into effect anyone buying a property affected by it could have discovered
the problem or been advised of it. To have employed professionals and not
to have been advised by them, is professional negligence that should be
actionable in law. However, you then need a lawyer to sue a lawyer and the
Colegios are very protective of their own!
Please keep to the subject. Opinions published here are of our visitors, not the Typically Spanish team. Comments which go against Spanish laws or which are libellous are not allowed. We reserve the right to delete any comment we wish.
Por favor, céntrate en el tema. Son las opiniones de los internautas, y no las de Typically Spanish. No está permitido verter comentarios contrarios a las leyes españolas o injuriantes. Reservado el derecho a eliminar los comentarios que consideremos fuera de tema.
Por favor, céntrate en el tema. Son las opiniones de los internautas, y no las de Typically Spanish. No está permitido verter comentarios contrarios a las leyes españolas o injuriantes. Reservado el derecho a eliminar los comentarios que consideremos fuera de tema.
