Spanish property legal crackdown means safer investment

Ownership and building permission issues have long been a thorn in the side of Spanish property investment, but it seems to have taken a downturn in the market for the authorities to wake up and take action.

Spanish police have arrested 13 people in the town of Alcaucin as part of an investigation into the unlawful building of homes on protected land. Officers said they had taken in Jose Manuel Martin Alba, mayor of the town, while property agents and lawyers specialising in laws governing Spanish homes were also among those seized.

The Alcaucin mayor and the other 12 are not alone as officials from governments across the Axarquía area of Málaga are also thought to still be under investigation for property irregularities, with the majority of cases related to licences being granted to the construction of homes on protected land.

Battle for homes rights could be lengthy

Many of the thousands of homes in the area which could be affected were overseas investment buys for foreign property hunters, although Spanish buyers have also been hit. Sadly, regardless of where they are from, the buyers’ battle for compensation or legal status for the affected homes looks set to be a long one.

On the positive side - at least arrests are being made - but the obvious question is why were so many homes built and so much investment laid down at questionable sites before action was taken?

Legal tactics for buyers of Spanish homes

Thankfully, investment in property in many areas of Spain remains a safe and secure bet in the majority of cases. Oscar Ricor, writing on Just Landed, says “Spain is, on the whole, a well-regulated country and not the ‘wild west’. The vast majority of agencies, property developers and construction companies operate legally and appropriately.”

But still there are some common moves buyers can make to help protect themselves - including getting all property documents and contracts checked by an independent solicitor before sealing an investment - as opposed to a legal expert referred to the buyer by the seller. So know the common tricks – or face the prospect of your investment literally crashing to the ground.

[Photo: tome213]