5.4.11

Telegraph 4 4 2011: Expats sue Spanish councillor for alleged discrimination

Expats sue Spanish councillor for alleged discrimination - Telegraph

The councillor charged with resolving the illegal homes issue affecting expats in Spain's Almanzora Valley is being sued by British homeowners.

Properties on a Spanish hillside
Expat homeowners in Almeria's Almanzora Valley are suing a government councillor over alleged discrimatory remarks. Photo: Design Pics Inc/Rex Features

By Sean O'Hare 5:06PM BST 04 Apr 2011

Josefina Cruz, councillor for public works and housing, referred to British expats as 'a group of people who are not of this country, who have settled here illegally in our territory...who are now demanding us to solve a problem that they have been responsible for creating'. She made the comments during a parliamentary debate last month.

12 Britons who own illegally built homes in the Valley and who belong to the organisation Abusos Urbanisticos Almanzora No (AUAN), campaigning for the legalisation of property in the region, are now collectively suing the councillor for alleged discrimination under Article 510.2 of the Spanish criminal code.

Maura Hillen, president of AUAN, said: “The members of our association who have made this complaint are victims of the chaotic planning system in Andalucia, which has clearly failed and continues to fail.

"They were assured that everything was alright when they bought their homes and now find themselves immersed in legal proceedings that could result in the demolition of their house.

"In some cases it is actually the regional government who challenged the building license granted by the town hall. In other cases the town hall or the promoter is subject to a criminal investigation. In none of these cases is the homeowner considered to be at fault.

"Because of this, and because of the situation in which thousands of people find themselves, the plaintiffs cannot let the remarks of the consejera pass because they are offensive and discriminatory and give completely the wrong impression.”

Josefina Cruz, councillor for public works and housing, referred to British expats as 'a group of people who are not of this country, who have settled here illegally in our territory...who are now demanding us to solve a problem that they have been responsible for creating'. She made the comments during a parliamentary debate last month.

12 Britons who own illegally built homes in the Valley and who belong to the organisation Abusos Urbanisticos Almanzora No (AUAN), campaigning for the legalisation of property in the region, are now collectively suing the councillor for alleged discrimination under Article 510.2 of the Spanish criminal code.

Maura Hillen, president of AUAN, said: “The members of our association who have made this complaint are victims of the chaotic planning system in Andalucia, which has clearly failed and continues to fail.

"They were assured that everything was alright when they bought their homes and now find themselves immersed in legal proceedings that could result in the demolition of their house.

"In some cases it is actually the regional government who challenged the building license granted by the town hall. In other cases the town hall or the promoter is subject to a criminal investigation. In none of these cases is the homeowner considered to be at fault.

Almanzora Valley witnessed an uncontrolled construction boom from 2000-6 when thousands of British families bought homes from developers who lacked the necessary building licences.

It is estimated that during this period more than £100 million was paid to developers by unsuspecting families, many of whom are now left without mains water and electricity and a final habitation certificate.

Of the 12,697 illegally built homes 920 of these homes were found on specially protected land, were less than four years old or were incomplete, and have been earmarked for demolition.

The remaining 11,777 homes will be subject to a special decree, currently being worked on by government officials, to define a uniform set of procedures that would allow them to be granted an occupation license and obtain access to services in a manner described as "self-sufficient", making it clear that public funds will not be used to resolve the situation.

The Andalucian regional government refused to comment.