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Don’t demolish homes says Mayor of Marbella
Country: Central, Other Spanish Places, Spain; Spain
30 October 2008
The Mayor of Marbella, Angeles Muñoz, says that she wants to legalise all 700 homes in Marbella that are currently outside the new urban plan and earmarked for demolition, including the Banana Beach development, reports Spanish Property Insight.
She has also decided that the promoters responsible for the illegal developments will compensate the town hall for legalising properties, but current owners may be liable if the developer is unable to do so.
Developers for encouraging “legal security” have applauded the mayor’s efforts, but environmentalists have criticised them as an amnesty for illegal building.
Muñoz plans to introduce the urban-planning changes to the town council in a document for provisional approval this week, followed by a month of public consultation. “It will be very satisfactory to say to residents that they won’t have to pay fines of up to €12,000 to legalise their homes,” said Muñoz.
‘Voluntary tax’ required to legalise Spanish homes is a farce
The so-called ‘voluntary tax’ of up to €12,000 which some residents are currently being asked to pay is farcical and in itself illegal.
Back in February, this year, Spanish legal expert Jordi Sanchez-Tort of the Property Law Centre told Homesoverseas.co.uk that such letters “would be contradictory and void under Spanish Law.” This is because the adjective “voluntary” does not appear within the definition of Spanish tax.
Sanchez-Tort added: “In this case, residents have been affected by a request from the town hall, asking for a voluntary tax to legalise their homes, thus suggesting that their homes are currently illegal. This is contradictory; if a construction were illegal this would be due to the developers non-compliance with the town planning regulations, not because of non-payment for a specific licence or permit. Therefore payment of such a voluntary tax logically would not lead to an illegal property becoming legal.
“The procedures to legalise illegal constructions are regulated under Spanish Law, and do not include payment of a "voluntary tax”.
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