Positive news from our friends in AUAN
Spanish court suspends demolition of British couples home pending the outcome of an appeal to the ECHR
A court in Almeria, Andalucía has agreed to suspend the execution of a demolition order on the home of a retired British couple pending the outcome of an appeal to the European Court of Human Rights (ECHR) in Strasburg.
Mr and Mrs H, paid around £120,000 to have their dream home built in Albox, a small town in Southern Spain, with planning permission being granted to them in the year 2002.
The house was built and they made it their retirement home, but in 2009 they were among eight Albox homeowners issued with demolition orders after the regional government challenged the building permits issued by the local council because it deemed the properties to have been built on non-urban land.
The couple, both in their 60s, have since been fighting the order via the Spanish courts but their final appeal was rejected by the TSJA, Andalucía’s highest court, in November 2012.
The couple initially submitted their case to Strasbourg in April 2013, with the support of expat-run campaign groups AUAN, SOHA.ES and AUN, who together represent hundreds of homeowners who find themselves in similar circumstances after purchasing a property in Spain.
Speaking on behalf of AUAN, Maura Hillen said “We are very pleased with this latest development and believe that it is the first time that such an order has been made with regard to the right to property and an appeal to the ECHR.
All we are asking is that there should be no further demolitions without prior compensation for those who acted in good faith”.
Gerardo Vazquez, the Spanish lawyer handling the ECHR appeal said “In my opinion the Spanish state needs to resolve this sort of situation once and for all especially if it wishes to sell some of its millions of empty houses to foreigners. To put it another way if you are going to invite people to your home you should make sure that it is in order and that you treat your guests well when they get there”.
Sr. Vazquez added, “The matter is not yet over, but I think that this is a very useful precedent which I hope represents a change in the stance of the Spanish Courts, who seem to be becoming more sensitive to issues of international law and human rights.”
The couple, who wish to remain anonymous, said that they are ‘overjoyed’ with the news and expressed their thanks to their lawyer and all the members of the associations ‘who have made this possible’.
