In the January issue of "The Insider"- our monthly newsletter, we mentioned that demolition orders had been served on 3 homes in Almeria Province, and a total of 8 houses in the town of Albox faced the demolition ball.
By 9th April, these properties are due to be pulled down, with devastating effect on those concerned. So we ask the question - WHO IS TO BLAME?
Here are some options to help you decide.
1) The Home Owners - were they aware of the building regulations and chose to ignore them? Were they provided with sound legal advice when buying the property? Did they carry out sufficient research by themselves in advance of the purchase or did they leave that mostly to the lawyer?
2) The Lawyers - Was their advice sound? Did they ensure that the required licences were issued? Were they representing the interests of the buyer or the seller? Did they ensure the property was legal? These are the people with the knowledge of what the laws require.
3) The Local Authorities - They grant the licences. Are they applying the legislation consistently? Are they simply turning a blind eye? Do they really care what happens?
4) The Estate Agents - Did they present the facts truthfully and in full or did they omit to advise about key issues? Did they advise what could or could not be done to the property? They would have had sight of the Title Deeds so would be aware of potential issues which would have affected the development of the property. Many house buyers when viewing openly state we could do this or that to the property - all within earshot of the estate agent. They have got their sale and commissions - Do they really care what happens next?
The Regional Government - They ruled the properties as illegal even although the local council had passed the licence application. Before making their decision, did they investigate fully the situation? Was there any right of appeal and eas this followed? Were the parties involved notify there was a problem in advance of the decision to nullify the licences?
These are only a few thoughts - You Decide - WHO IS TO BLAME?
Monday, 29 March 2010
Monday, 22 March 2010
Flaunting the Law
Spain, like every other country has its rules and regulations under which eveybody must live, whether a resident or visitor.
One of the most flaunted laws concerns motoring - not by the Spaniards, but by the foreign resident.
If you live in Spain for more than 6 months in the year, you are required to register your vehicle with the Spanish Authorities. A simple rule but one that is so often and blatantly flaunted, particularly by British Residents. Numerous vehicles with UK registration plates do not display a valid tax disc, and it would be fair to assume no valid certificate of roadworthiness. This assumption is based on the fact that you cannot MOT (ITV in Spain) a vehicle with a foreign plate.
They probably haven't notified the DVLA in Britain that they have exported the vehicle. A UK regulation that is more than likely being ignored.
Yet they freely travel throughout the towns and villages.
Spanish drivers know the consequences of failure to produce the required documentation if they are stopped by the authorities, and this is what is causing offence to a lot of them.
Another issue, which we cannot truly verify concerns insurance. We are not fully conversant with this subject, though yet again it would be a reasonable assumption that if they haven't taxed or mot their vehicle, and get away with it, why bother paying for motor insurance?
Even if they do have cover, any claim made as a result of an accident would probably be rejected as the vehicle legally should not have been driven on the roads.
Complying with 2 of the simple rules (Licence and Insurance) is not enough. If you cannot or will not comply with all 4 DON'T DRIVE.
Think about the victim of an accident and not your desire to get from A to B
When you drive a car, you have effectively a loaded pistol in your hands and could kill an innocent bystander.
You may be a very safe and experienced driver, but it only takes a mistake or misjudgement by someone else to cause a serious accident.
One of the most flaunted laws concerns motoring - not by the Spaniards, but by the foreign resident.
If you live in Spain for more than 6 months in the year, you are required to register your vehicle with the Spanish Authorities. A simple rule but one that is so often and blatantly flaunted, particularly by British Residents. Numerous vehicles with UK registration plates do not display a valid tax disc, and it would be fair to assume no valid certificate of roadworthiness. This assumption is based on the fact that you cannot MOT (ITV in Spain) a vehicle with a foreign plate.
They probably haven't notified the DVLA in Britain that they have exported the vehicle. A UK regulation that is more than likely being ignored.
Yet they freely travel throughout the towns and villages.
Spanish drivers know the consequences of failure to produce the required documentation if they are stopped by the authorities, and this is what is causing offence to a lot of them.
Another issue, which we cannot truly verify concerns insurance. We are not fully conversant with this subject, though yet again it would be a reasonable assumption that if they haven't taxed or mot their vehicle, and get away with it, why bother paying for motor insurance?
Even if they do have cover, any claim made as a result of an accident would probably be rejected as the vehicle legally should not have been driven on the roads.
Complying with 2 of the simple rules (Licence and Insurance) is not enough. If you cannot or will not comply with all 4 DON'T DRIVE.
Think about the victim of an accident and not your desire to get from A to B
When you drive a car, you have effectively a loaded pistol in your hands and could kill an innocent bystander.
You may be a very safe and experienced driver, but it only takes a mistake or misjudgement by someone else to cause a serious accident.
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