Must they pay?

QUESTION:

WITH regard to the charges levied on our group of ‘illegal’ homes to be ‘legalised,’ and your response of March 14, would the ‘bill payer’ change if the original developer was still trading and being encouraged by the town hall to deal directly with the Junta? Also, is there a brief reason the 15-year debt limit does not apply?

PP (by email)

ANSWER:

Unfortunately, no. The buyer of a property buys it with all rights that go with it and also with charges outstanding.

You could have obtained a Certificado Urbanistico from your town hall at the time of purchase which would have revealed this.

The 15-year limit to recover debt does not apply here because your house is now part of a Sistema de Cooperación, in which the town hall pays a part of the costs and the homeowner the remainder.

Because your inclusion in this ‘co-operation system’ is recent, the time limit does not apply. If it is any consolation, thousands of homeowners along the Spanish coasts are suffering similar charges. Even more annoying is the knowledge that the original developer has got away with not paying.

Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090.