SHARE
COPY LINK
EXPAT PROPERTY

PROPERTY

UK man beats Spain’s banks on home ground

Thanks to an all but forgotten 45-year-old property law he found with the help of Google Translate, Englishman Keith Rule has provided hope to thousands of expats who lost money in failed Spanish property ventures during the credit crunch.

UK man beats Spain's banks on home ground
Thousands of apartment blocks accross Spain have been left unfinised since the property bubble burst. Photo: Jorge Guerrero/AFP

In 2006, Keith Rule bought two houses off the plan in Albacete province in the south-eastern Spanish region near Murcia.

The high-end Finca Parcs development had everything he was looking for. It was located in inland Spain, the town was nice and there was a good school for his young children.

"But then Spain's housing bubble burst and our house was never built," Rule told The Local by telephone from the southern Spanish city of Algeciras.

Like many other investors, Rule saw initial attempts to reclaim his deposit thwarted. The bank he had paid his money to — then CAM, now Sabadell — refused to return his outlay of £45,983 (€53,000, $70,000).

Unlike many investors in his position, though, Rule refused to give up the fight for the money he'd lost in the property deal.

While trawling the internet with the help of Google translate, this Englishman based in Milton Keynes came across a law which dated back nearly 50 years.

"Law 57/68 (from 1968) was designed exactly to protect people in my situation," Rule told The Local.

"It made banks liable for all kinds of cases where developers didn't meet their end of the bargain."

Armed with this law, Rule eventually went on to win back his deposit with judges ruling in his favour.

Thanks to his hard work, 46 other buyers at the development also had their down payments reimbursed.

The process was far from easy though. Rule had to do some serious lawyer shopping before he found a firm prepared to take on his case.

"It was his persistence that won me over eventually," Maria L. de Castro, Director of Costaluz Lawyers said to The Local, explaining why she had accepted the case.

The lawyer explained that she had come across a relevant ruling in the high court of the Spanish region of Navarre.

There, judges found banks could be liable in certain cases where property developers failed to deliver their products.   

The opinion of a lawyer in Seville also helped persuade de Castro to take on Rule's case.

"But mostly it was the fact that Keith clearly saw that the bank was liable in his case, and that we had to find a way to enforce that liability.

"At the beginning they called us crazy," the lawyer freely admits of her firm's fight to see banks cough up deposits.

"One lawyer criticized Keith very harshly online, saying that he was a cheat and that he was trying to steal clients," de Castro told The Local.

Being a woman didn't help either, she explained. "I think the legal profession thought we were dreamers." 

There were also issues with Law 57/68 which mentioned bank liability without specifying how this would be enforced.

"We had to change people's thinking," said the lawyer.

"Luckily the law came to light at the same time as society was changing as a result of the crisis. There was more acceptance among judges that you can fight the banks".

Given the results of Rule's case, de Castro is now optimistic about similar cases in future.

"A lot of people had given up on getting their money back but this decision has reignited their motivation." 

But de Castro sounded a note of warning for people who may be looking to see their deposits again. "We need to have data," she said.

"You need to be able to show that you cancelled your contract with the developer, and you also need to see if a bank guarantee existed on the property.

"You will also need to be able to show that you made payments to a bank account held by a developer."

Some clients were also lacking a certificate of guarantee (certicado bancario), she added.

"What we have done now (with Law 57/68) is provide a new way to look at these cases," Rule told The Local.

"Of course the judges have to choose on a case-by-case basis. Now, though, we have seen some 35 to 40 similar decisions around Spain."

And despite everything, Rule still feels he has been fortunate.

"We were lucky we bought off the plan in Spain where there is a law. If we had bought in Bulgaria, for example, it would be quite different.

"There was a lot of corruption and greed in Spain during the building boom," Rule says.

"But Spain is slowly rebuilding the confidence people had."   

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.
For members

PROPERTY

Q&A: What to do if you buy a property built illegally in Spain

Buying an illegally built property in Spain is fairly common but can have several consequences down the line. Here's what you need to know, how to make it legal, whether you can sell it, and the benefits of doing so.

Q&A: What to do if you buy a property built illegally in Spain

Unfortunately, over the years, many properties have been built illegally in Spain, not adhering to local rules and regulations. Foreigners who don’t know the legislation can easily fall into the trap of buying one of these properties, only to find out later down the line.

Maybe it’s when they come to sell or perhaps it’s when they want to do works or improvements on the property.

There are several reasons a home could have been built illegally in Spain. Firstly, it could have been built on the wrong type of land. This is it could have been built on suelo rústico, rural land where residential properties are prohibited, also called no urbanizable

READ ALSO:

It could have also been built too near the coast. This is down to the Ley de Costas or Coastal Law, which was brought into force in December 1989 in order to protect the costas from overdevelopment and high rises spoiling the landscape. 

The law defines different areas of the beach and dictates which is public land, owned by the state and which parts can be owned privately and built on.

If you buy or own a house in one of these non-buildable zones, there are many problems you could face down the line, often sooner rather than later. This is because there are several rules you have to abide by concerning works, reforms and extensions. In some cases, they may not be allowed at all and everything must be approved first by the local government by providing a detailed project.

Because of coastal erosion, this issue is getting worse as some shoreside homes that were once built outside of these areas are finding that they’re now illegal.

READ ALSO: 

The house may have also had extensions made to it that were built without a license, meaning that the extra parts are illegal.

Q: How do I know if my home is legal or not?

A: Unfortunately it can be difficult to know if your property is legal or not. You could have bought and signed for it with a notary and it could be inscribed on the Property Registry, but this still doesn’t mean it was built to the correct specification and on the right land.

The only way to truly tell is to find out if your home ever had a Licencia de Primera Ocupación or First Occupation license, also referred to as a Cédula de Habitabilidad or Certificate of Habitability. This means that according to the authorities, it is suitable to live in and has the correct licenses.

READ ALSO: How to get Spain’s certificate of liveability for properties

Q: What happens if my property doesn’t have a habitability certificate?

A: If your property has never had a Certificate of Habitability, you must regularise the legal situation. First you’ll need to start a legalisation file (expediente de legalización) and contact the town hall. Depending on the seriousness of the case (ie. where exactly it was built, if there’s any structural danger, whether the entire property is illegal or just an extension) the cost of making an illegal property legal can be considerable. As such, each case must be studied individually with the help of an expert to determine whether it is even feasible or worth the investment.

The next step is to bring in an architect and check whether the property complies with all the building regulations. If it does, you simply need present the expediente de legalización to your local town hall, who will confirm whether or not the property adheres to building regulations and can be made legal.

If it doesn’t, you’ll need to consider whether it will comply with the regulations after some renovations. If that’s the case, you’ll need to draw up a renovations project document (proyecto de reforma) outlining the proposed changes and how they will adhere to building regulations. It must be presented to the town hall along with your expediente de legalización.

According to law firm Acal, the legalisation process can be broken down into steps as follows:

  • Contact the town hall.
  • Begin with the expediente de legalización when the town hall confirm whether or not the property can be made legal.
  • Pay the corresponding fees and taxes (in this case it will be IBI) depending on your municipality and region.
  • If you need to make renovations, obtain the proyecto de reforma and hire an architect.
  • Obtain a building permit from the town hall.
  • Once completed, register the property in the Land Registry.

READ ALSO: What is Spain’s IBI tax and how do I pay it?

Q: Do I really need to make my property legal?

A: Yes, because it will benefit you in the long run. It doesn’t matter what the previous owner told you when you were originally buying the property, owning a property that isn’t fully legal (or legal at all) can create problems and even lead to fines worth up to 20 percent of the property’s value in extreme cases.

By going through the legalisation process and making the relevant renovations, if necessary, you gain a legal property for all purposes and with all the benefits that entails.

You will not have problems setting up, paying, or cancelling electricity, water or gas utility services. You won’t have to undertake reforms and renovation work unofficially, avoiding the eyes of the authorities. Instead you’ll be able to register your property in the Land Registry, which will make things much easier when you decide to sell it or pass it on.

In terms of selling it, perhaps that is the biggest benefit of legalising your illegal property: by registering it properly, you will be able to benefit from its full value when selling it. When a property is illegal, the appraised value will probably be no more than 40-45 percent of its real value at best.

The renovations needed to get your property in shape to meet the building regulations could be costly, but will they cost you half of the total value of your property? 

SHOW COMMENTS