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Expat couple win ‘hollow victory’ over house demolition

The British couple who have been living in a garage since their dream villa was demolished over so-called planning irregularities eight years ago have won their bid for compensation. But they are not happy about it.

Expat couple win 'hollow victory' over house demolition
Len and Helen Prior at the gates of their bulldozed villa. Photo: AUAN

Len and Helen Prior, both 72, made headlines when in 2008 they became the first British home owners in Spain to see their property demolished over so called “planning irregularities”.

Last week, after an eight year legal battle, during which they have been camping out on the plot of their flattened villa, they finally got the court ruling they had been waiting for.

A court ruled that their local town hall had been wrong to send in the bulldozers and ordered Vera council to pay them compensation of €425,185.43 plus interest.

“Unfortunately it simply isn’t enough, considering we asked for €600,000 in compensation for the house and €200,000 for moral damages we have suffered.” Mrs Prior told The Local on Monday.

“We have been fighting through the courts for over eight years so once we have paid our legal bills we will only have pennies left.”

The nightmare started one morning in January 2008 when the couple saw a bulldozer approaching the gate of the beautiful two-storey villa they had built in a rural part of Vera, on Spain’s Almeria coast.

Because despite having the correct planning permission from their villa from the town hall, the regional government of Andalusia had revoked the licence and ordered it to be town down

They were given just a few hours to remove their belongings from the villa, ironically named “Tranquillidad” in the expectation that it was here the couple would peacefully spend their retirement after selling up in Wokingham Berkshire and relocating to sunnier climes.

Instead, they were powerless as they watched their dream turn into a nightmare. Mr Prior collapsed as the bulldozer moved in and they watched the €400,000 villa reduced to rubble.

“We worked hard all our lives to enjoy our retirement and instead we have endured a hell,” Mrs Prior said. 

Since the demolition the couple have been living in a garage on the plot with a collection of rescued dogs while they battled their case through Spain’s complicated justice system and blame was passed between town hall and regional planning authorities.

Despite a ruling by Spain’s constitutional court ruling that declared that their house had been demolished illegally it has taken until now for the couple to win compensation.

But they have yet to see any money.

“We have been told that Vera town hall can appeal the decision to award us compensation so we could still be in for months more legal process before we even see any of that money,” admitted a resigned Mrs Prior.

“It won’t make any difference now anyway as once the legal bills have been paid we won’t be able to afford to go back to the UK or buy anything else here.”

The couple have been instrumental in ensuring that no similar fate will befall other homeowners.

Last July they saw Spain’s lawmakers introduce legislation to protect homeowners who bought in good faith from having their homes demolished until compensation was agreed in advance.

The couple, who are grandparents to six and have three young great-grandchildren, said the compensation ruling has brought them no solace at all.

“We still can’t believe this happened to us. There are a hundred houses around us in the same situation yet we are the only ones his happened to. It’s fair to say that it has utterly ruined our lives.”

The AUAN, the pressure group representing hundreds of expat homeowners in the Almeria region whose properties have been declared illegal called for the state to finally do right by the Priors.

“Enough is enough. The Calvary of the Priors had lasted for nearly ten years. They did nothing wrong except to trust the Spanish State and its legal system,” demanded Maura Hillen, a local councillor and president of AUAN.  

“Now is the time to pay them and to put an end to their odyssey, which is so harmful and damaging for them and for everyone who lives here,” she said.

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LIFE IN SPAIN

EXPLAINED: How to buy a boat in Spain

Considering buying a boat to enjoy life to the fullest in Spain? Here's a breakdown of costs, legal requirements, financing options and useful tips to factor in before purchasing a bowrider, a day sailer, a yacht or any other 'barco'.

EXPLAINED: How to buy a boat in Spain

Spain has around 8,000km of coastline, and access to the Mediterranean, Atlantic, and Bay of Biscay. For boat enthusiasts, you’re spoilt for choice in Spain.

But it’s not just as simple as picking out a boat, buying it and setting off into the ocean.

There are several decisions you’ll need to make first, rules to follow, administrative hoops to jump through, and then maintenance costs on top of that.

Types of boats

The first thing you’ll need to consider is the type of boat you want to buy.

Generally they can be split into two broad categories: motor boats and sailing boats.

Motor boats are the most popular type of boat sold and offer the greatest variety of options because they include pretty much everything from smaller more affordable power boats to huge luxury yachts.

As such, you could get a smaller motor boat, say for day trips of fishing on the coast, for as little as €10,000, whereas yachts, as you can imagine, can cost millions, depending on the size, power, design and quality of the boat.

According to several Spanish maritime sources, buying a used boat that you can live on in Spain can cost anywhere between €13,000 and €150,000.

Spanish website topbarcos.com has hundreds of boats listed for you to get an idea of what’s available in the second-hand market, as well as a page for new vessels.

Sailing boats are the more environmentally friendly option and require the most skill to sail, and include light sailboats, catamarans and trimarans. Again, prices vary from €5,000 to over a million, depending on the size, type of sail, material and quality of the boat.

Once you’ve decided on the type of boat you want and found one you’d like to buy, you’ll need to consider any potential legal requirements.

A woman sits next to a yacht in Puerto Banús luxury marina in Marbella. (Photo by JORGE GUERRERO / AFP)

What are the legal requirements when buying a boat in Spain?

  • The correct nautical qualifications for the type and size of the boat you want to buy. There are different types of nautical licences to sail different boats in Spain, such as the PNB (Basic Navigation Skipper), the PER (Recreational Boats Skipper), the PY (Yacht Skipper) or the CY (Yacht Captain). Each has specific limitations in terms of length, power, distance from the coast and the type of sailing you can do.
  • Compulsory civil liability insurance that covers possible damages that you may cause to third parties with your boat.
  • Have all the necessary documentation for the boat, such as the certificate of seaworthiness and (essentially an MOT for the boat, showing that it’s in working order) and the navigation permit.
  • You’ll also need to pay the corresponding taxes on the boat purchase, such as VAT (21 percent), the special tax on certain means of transport (12 percent) or the transfer tax (4 or 6 percent, depending on the region).

READ ALSO: How do I get my boat licence in Spain

What other factors should you keep in mind before buying?

Think about what type of navigation you want to do, how often, with how many people and what your budget is. 

Don’t go with the first boat you see. Search and compare different models, brands, prices, conditions etc and don’t forget to keep an eye out for scams.

It’s a no-brainer but try the boat before you buy it, don’t just rely on photos or descriptions. Request a test ride to check the condition and navigational operation of the boat. 

If you do not have much experience or knowledge of nautical matters, it’s advisable to hire a professional to accompany you throughout the purchasing process. It could help you avoid possible legal, technical or administrative problems that arise.

They will also assist you with checking the condition of the boat’s interior: the carpentry, the engine, the electrical installation, the tanks, bilge, kitchen, bathroom and other compartments.

Here is a list of dozens of Spain-based brokers (as they’re called) or nautical companies that can assist you. 

Crucially, they will also be able to give you an informed assessment of what price you should be paying for the boat you’ve chosen. 

How can you pay for a boat?

Unless you have enough disposable income to pay for it cash, you probably want to know what kind of financing is available to you. 

There is the nautical mortgage (hipoteca náutica), which mimics the system for property mortgages, including the need for a down payment and embargo conditions in non-payment situations. 

Nautical credits (Créditos náuticos) also exist, which again are not too different from regular loans, including fewer notary costs than nautical mortgages and fixed interest rates. 

And lastly, nautical leasing is also an option, which is when a company acquires a boat and rents it to a customer for a certain period of time (normally between 4 and 15 years) and usually with an option to buy at the end of the contract.

Don’t forget the upcoming maintenance costs

If you manage all that and buy the boat, you’ll need to maintain the boat and pay costs to do so. These include:

The mooring: ie. the place where the boat is left when it is not in use. The price of mooring depends on the size of the boat and the location of the port. It can range from around €100 per month to several thousand.

However, be warned, in Spain these aren’t easy to come by. The Association of Industries, Commerce and Nautical Services (ADIN), estimates that Spain has only 107,894 moorings for 229,000 boats.

You’ll also need to pay for periodical technical checks that must be carried out on the boat from time to time to check its condition and operation. Again, the price depends on the type and size of the boat and the services contracted. It can vary from around €200 euros to several thousand.

Regularly cleaning the boat to avoid dirt, rust, algae, and parasites damaging the boat can also be quite costly. It can vary from as little as €50 for smaller boats to several hundred for bigger ones, and most experts recommend it should be done every 4-6 weeks.

READ ALSO: How to live on a boat in Spanish waters

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