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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.

Published: 25 April 2016 17:48 CEST
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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PROPERTY

BBQs, nudity and plants: What are the balcony rules in Spain?

Though many people hang laundry, plants, and flags from their balcony, in Spain the rules on what you can and can't do on 'el balcón' are not well-known.

Published: 8 May 2024 17:13 CEST
Updated: 11 May 2024 08:31 CEST
BBQs, nudity and plants: What are the balcony rules in Spain?

Imagine the scene: you’ve just bought or signed the lease on your dream apartment. It’s bright and airy, with plenty of space, and even has a nice-sized balcony to get some fresh air on. You can do whatever you want there, right? 

Not exactly. In Spain the rules on what you can and can’t do on a balcony (even if it’s private) depend on a few factors, namely the regional and local rules, as well as getting the approval of the building’s homeowner’s association – known in Spain as la comunidad.

Some of them might just surprise you.

READ ALSO: ‘La comunidad’: What property owners in Spain need to know about homeowners’ associations

There are four main things or activities on balconies that could potentially put you on the wrong side of the local rules and even get you fined: barbecues, plants, laundry, and flags.

In all cases (even if you don’t think you’re breaking any rules) you’ll generally need to consider two things: firstly, does this affect or change the building’s façade? And secondly: will la comunidad allow it?

Barbecues

In Spain there is no national law prohibiting barbecues on private property, so in principle it is legal as long as the barbecue is lit in a private space such as your own balcony, garden or terrace, and not a shared space.

Often in Spain, the roof (usually referred to as la terrazza) is a shared space people use for storage and hanging their laundry, so be sure to check with the comunidad.

In terms of your own balcony, however, although there’s no law saying outright you can’t have a barbecue, you’ll need to take into account the rules and regulations in force in each locality or region. There may also be specific rules within the building that long-term homeowners have developed over the years.

As we will see, many of these low-level regulations are delegated to local governments and town halls in Spain, so the answer to these sorts of questions is usually: it depends where you are.

However, according to Article 7 of Spain’s Horizontal Property Law, “the owner and the occupant of the flat or premises are not allowed to carry out in it or in the rest of the property activities prohibited in bylaws, which are harmful to the property or which contravene the general provisions on annoying, unhealthy, harmful, dangerous or illegal activities.”

This basically gives your neighbours the right to complain about noise, smells, smoke and any possible fire risk in or around their building, which barbecues could plausibly fall under.

As with co-living anywhere in the world, regardless of the regional or local rules, employ some common sense: be reasonable, listen to neighbour’s concerns and take up any disputes with the President of la comunidad.

READ ALSO: What you need to know before having a barbecue in Spain

Plants

Again, with plants the responsibility falls on each local authority to set the rules. In Spain, most regions and town halls state that, as long as the architectural or structural elements of the building are not changed or weakened in any way, putting plants on your balcony is permitted.

However, note that many terraces and balconies do have maximum weight regulations that must be respected in order to guarantee their safety, which is 200kg per square metre. If this figure is exceeded (and it can be proved) you could theoretically be fined.

Laundry

Laundry lines criss-crossing the streets might be one of the more picturesque images of Spanish life, but the people doing it might actually be breaking the rules.

How do you know? You guessed it, it depends where you. You’ll need to check with your local authority on this one, though municipal regulations in Barcelona, Madrid and Valencia all regulate hanging laundry from your balcony, which is again outlined in the Horizontal Property Law.

This principally seems to be because it affects the façade of the building (a common theme when it comes to balcony rules in Spain).

In places with rules about hanging laundry from balconies, you could be fined up to 750 euros if you don’t comply with the rules.

However, according to Foto Casa, even if you live in an area where there are no bans or penalties against hanging laundry on the balcony, you’ll still likely need the permission of la comunidad.

READ MORE: Spain’s weirdest laws that foreigners should know about

What about flags?

Whether it be the Spanish flag, the Catalan, Valencian or Andalusian flags, or LGBT, trade union or football team flags, flags proudly hanging from balconies is another mainstay of Spanish life.

It’s also one of the more controversial ones too, especially within comunidad meetings. Hanging flags on the balcony, as well as allegedly altering the aesthetics and security of the building (the same concern as with laundry) often has ideological connotations that can cause conflict.

Again, as with laundry, hanging flags on the balcony will require the approval of all the owners within the community, something that must be agreed at a meeting, as per the Horizontal Property Law.

However, if the flag is placed inside the property, as it is a private property, fellow homeowners cannot oppose it, even if it is visible from the street, according to Foto Casa.

Nudity 

Article of 185 of Spain’s Penal Code only considers being naked at home to be obscene exhibitionism and sexual provocation if it affects minors, in which case it is punishable with a fine or up to a year in prison.

Therefore, you could technically sunbathe shirtless or naked on your balcony in most cases without getting into trouble, although it won’t necessarily go down well with your neighbours and/or flatmates and you be reprimanded for it.

READ ALSO: Can you go shirtless or wear a bikini in the street in Spain?

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