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Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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I own a property in southern Spain. In AUGUST 2008 a licence

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I own a property in southern Spain. In AUGUST 2008 a licence to alter the property was granted. On 28 June 2013 I received a notice, unsealed in a mailbox, declaring the property illegal and instructing me to cease occupation. Is the town hall able to legally enforce this notice.

Buachaill :

1. I regret to say that the town hall is legally able to enforce this notice. There have been a series of cases all the way to the European Court of Human rights about the issue. But the cases which have occurred have upheld the right of the local authorities to enforce the planning laws and legally enforce any notices declaring the houses illegal and ordering that they be knocked. There have been no cases where the property rights of the landowner have superseded the public right of the town hall to make provision in accordance with law for the planning & housing in the area. So you should speak to someone in the town hall and get an abogado to assess your chances of legally challenging the notice.

Buachaill :

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