British Expat Property Owners Win Landmark Victory In Albox
Spain News
Published: 03 October 2014 12:04 CET
Updated: 20 December 2019 13:04 CET
Albox Town Hall has been ordered by the courts to pay four British couples more than €145,000 compensation for "moral damages" after properties were built illegally by developers.
After 10 years of stress and anxiety, four British couples have finally won their legal battle against Albox Town Hall and local developers Construcciones Almanzora SL.
In 2004, the developers got the go ahead to build a number of off-plan properties in the Los Patricos district after they were assured by local councillors that there would be no problems with gaining the necessary building and habitation licenses.
The electricity and water companies Endesa and Galesa were also instructed to connect essential services to the properties, which gave potential buyers the impression that the development was above board.
In a landmark ruling, Judge María Teresa Vidaurreta determined that the couples had paid in good faith and that they had suffered unnecessary anguish as a result of the fiasco.
Two of the families were awarded €40,000 and €45,000 respectively with another couple being awarded around €50,000 taking into account the costs of having to rent after the building was stopped. A fourth British couple will also receive a payout of €7,800.
The Judge also decided that demolishing the properties would not be an option and would do more harm than good. It would now be down to the local and regional authorities to show "good faith" and legalise the properties.
Current Albox Mayor Rogelio Mena was disappointed with the decision and feels that the town is being punished for acts that were created by those in power some 10 years previous. He also stated that he would be expecting them to pay the compensation and not the current Town Hall administration.
The developers Hilario Alfonso Granero and Amador Gázquez García will not only have to find the money to compensate the families, but will also have to serve a one-year prison sentence for planning offences.
The ruling could offer hope to potentially thousands of other British expats who have unfortunately found themselves in a similar situation to the Albox owners.
