IF DIRECTLY AFFECTED
The advantage promoters and town halls have over property owners is the lack of information owners have on what is going on regarding their property, even when the law is quite clear on the fact that the owners have to be informed on the urbanization plans and how they are going to be affected.
So if you find out your house/ plot of land is going to be affected by a urbanization plan the first thing you must do is visit the “ Urbanismo “ section of your local Town Hall ( you might have to book a personal interview in advance) and ask them what is going on in your zone/partida.
Yes, it seems simple, but you will probably find they are not very cooperative with your case and the information you are given is either very technical or false!.
Remember first to get ready all the documents and legal papers regarding your property:
- “Escritura” de propiedad and “ Declaración de Obra Nueva” if applicable
- The recent IBI and Garbage ( Basura) tax payments receipt
- Cédula de habitabilidad of your property
- Mortgage papers from bank ( the “tasación” papers could be useful, with its current market value).
- Topographic maps of your property and of al the area it covers.
- Nota simple from the you town land registry
- Cédula Urbanística
With this you can basically ask if your property has been affected by any Plan Parcial.
If so you, will need to know in what way you are affected, so you will need them to give you the “ Ficha de Planificación” which gives you the basic information of your area and how they are thinking of urbanizing it.
With this basic information, and if you haven't been sent any letters to your house, you should probably speak with your neighbours and get in contact with a lawyer to discuss the development plans and how to fight them.
What you must know is that the law gives you the possibility to join up with the rest of owners in your area (between all you must own at least 51% of the land affected) and present an alternative plan to the developers which has preferment adjudication, but remember you have very little time to do it in so contact a lawyer as soon as you can.
The development plans might be in a advanced stage, by this we mean that you might have been sent a petition from the Town Hall for you to give in a certain amount of land and pay a certain amount of money, again you must contact a lawyer to see if you are able to file an appeal to the Town Hall resolution.
The information provided on abusos-no.org is not intended to be legal advice,
but merely conveys general information related to issues commonly encountered.