A legal amendment recently operated in spain, determines that the execution of demolition orders can not be executed until the compensation to the affected owners is not paid.
Which requirements must be met in order to prevent the demolition?
The building had to be built under the appropiate license.
The demolition order must be made by a ruling sentence that had declared invalid the previous license.
Property owners must be good faith purchasers, it means, they must be owners of the property that at the time of the purchase of the property, they are not aknowledge of the demolition order, because they have not completed the registration in the Land Registry. Although it may seem strange, it is very common that urban problems of property are not noted on the Register, which causes that a person who had acquired a property under the confidence granted by the Land Registry, can realice years after the purchase of the property, it has to be demolished.
Which consequences have to concur if the requirements are met?
The main thing is that both, the Courts and the local authorities, are required to stop the demolition process until the council or local auhorities do not pay or secure the compensation to the owners of the property.
How will the compensation that belongs to me as the owner be set?
The compensation must cover the value of the property, set as established in the Land Law, the cost of moving to another place, existing taxes and other expenses produced in the sale (Notary and Registration fees).
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Paulo López Porto.
Doctor of Law and lawyer director of Urban Planning counseling office.