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Telegraph's article on land grab
By Simon Creed of Azahar Properties
This is an ongoing story constantly updated and constantly working toward the benefit and protection of all buyers and home owners in Spain not just the British buyers and homeowners as this headline article in the Telegraph so carelessly suggests. - Euro-MPs attack Spanish laws affecting expat homeowners.
“Members of the European Parliament on Wednesday launched a new offensive against notorious Spanish land laws that continue to wreck the holiday-home dreams of Britons in the Valencia region”. The 'land grab law' as it has been commonly called by the media, is a law that affects all regions throughout Spain, not just Valencia, as any Spanish property lawyer will tell you. It is just that the Community of Valencia seemed to enforce it more in the past, where developers and even town halls could look to take large pieces of land and earmark them for their new development of urbanisations so as to build houses. This in past examples has affected residents who would have owned properties in that specified area already, and under the compulsory purchase law developers and even town halls were able to take land to their needs. However, more and more so now with the intervention of the E.U. and European Human Rights Council we are seeing this ability abolished / over ruled, unless it is democratically voted for with residents or seen as in favour for that particular area. The badly worded news story is very much written as media propaganda by the U.K. Telegraph. In truth, this affects everyone in Spain, not just Expats. The media should recognise that the Spanish do live here also and there is not a separate legal system that enables Expats to be victimised!
However this particular news story is focused on sad examples of where there have been brand new construction areas like in southern Valencia, where unfortunately, the expats tend to be the main buyers. Here unscrupulous developers have built properties without obtaining all the correct licenses and documentation to actually build the properties in the first place, this also happens throughout our area of central Valencia and all the way down the Costa’s, with the most well known examples down in Malaga - Costa Del Sol and Pego, south of Gandia in Valencia. The unknowing (green) Expat clients come here to buy their lovely new ‘off plan’ villa for a fantastic price with its own swimming pool and land. They buy through one of the developer’s associated estate agents who unscrupulously assure their buying clients that as their villas are off plan, they are sold as “obra nueva” (New building works) and that the licences will all be in place when it comes times after the property is complete to go to the public Notary office. Unknowing buyers listen to the agent and see many other properties are being bought on that specific urbanisation, so they think “all these people can not be wrong!”. They listen to the agent and just play along thinking this must be how it works here in Spain and it is these people generally who have unfortunately encountered problems. However buying ANY property in Spain, not just Valencia without its full Escritura (Title Deeds) for both the land it sits on and its full construction, can be of course viewed by the government as illegal and in its worst case ordered for demolition. This is why I would ALWAYS enforce that you make sure that ANY property you buy, whether it be new build or resale property is bought through an independent lawyer based here in Valencia, totally separate to a specific new build developer or their appointed agent. With New build properties
A new build property should be able to present valid bank guarantees, all its building licences and permissions, the infrastructure should be in place with roads laid out, licences should be provided to prove that electricity and water will be connected.
You should not part with any money to the developer until your lawyer has checked everything out. With Re-Sale properties, which is what you have asked to see:
The property should already have its Escritura (title deeds), clearly showing the land and its construction. Utility bills should be provided and the property will prove that it pays council rates (IBI) to the town hall. All this documentation should be provided to your lawyer.
I would also advise that you should only buy a property through a recognised governing body estate agent. One that is governed by a strict code of conduct like the A.I.P.P., who Azahar Properties are proud members, enforcing the highest standards to protect all of our buyers. Do not try to cut corners.
If something looks too good to be true, it invariably isn’t true.
ALWAYS employ a recognised fully certified lawyer. Your lawyer will actually come to check your chosen property for you as part of their searches. Valencia is a wonderful place offering some beautiful properties, all of the properties Azahar Properties take on are checked before we accept them onto our books. If the property is not legal, with its Escritura, we will not take it on.
If a property has any other problems associated with it, we will not take it on.
We like a nice even playing field to conduct our business on and this is why we have gained a good reputation and customer confidence successfully selling properties throughout Valencia, Spain. If anyone requires further information about this topic I would always suggest asking a lawyer from Valencia as they will give you straight facts untwisted, unlike the UK media sources.
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Contributor's Note
For a wide choice of properties available throughout Valencia visit our website, which is updated daily with all the villas, apartments, townhouses and country houses available in this beautiful area of Spain, Valencia.
www.azaharproperties.com
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