European Property Rights and Wrongs - Diana Wallis MEP
European Property Rights and Wrongs - Diana Wallis MEP
European Property Rights and Wrongs - Diana Wallis MEP
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Professor Peter Sparkes<br />
Human <strong>Rights</strong> of <strong>Property</strong> Buyers<br />
Peter Sparkes, Professor of <strong>Property</strong> Law, University of Southampton; author of <strong>European</strong><br />
L<strong>and</strong> Law (Hart, 2007) considers the development of this area looking at an example<br />
from Spain.<br />
Members of the <strong>European</strong> Parliament have received numerous complaints<br />
from people who have bought property in Spain, the planning<br />
laws adopted in the Valencian region of south eastern Spain proving<br />
particularly contentious. Many complainants are second home owners resident<br />
elsewhere in Europe but there are also many native Spaniards affected. Problems<br />
boil down into two main categories, first, the imposition of infrastructure charges<br />
when rural l<strong>and</strong> is reclassified as urban l<strong>and</strong> suitable for development, <strong>and</strong> second,<br />
the demolition of unauthorised buildings in coastal regions. Generally the matters<br />
complained of fall within the margin of appreciation allowed to the public authorities,<br />
but human rights principles may provide assistance in a small number of cases,<br />
urbanisation charges being easier to attack than demolitions of illegal buildings.<br />
Imposition of infrastructure charges<br />
Development charges do not affect l<strong>and</strong> in Spain that is already urbanised, but<br />
they come into play when rural l<strong>and</strong> (rustica) is reclassified as being ripe for development.<br />
A decision to reclassify l<strong>and</strong> will increase its value significantly. Individual<br />
owners are not allowed to block development <strong>and</strong> will be required to contribute<br />
to the installation of infrastructure, such as roads, water <strong>and</strong> sewerage. The version<br />
of this law introduced in Valencia in 1994 allows developers to seek permission<br />
for l<strong>and</strong> they do not own, to buy l<strong>and</strong> compulsorily at discounted prices <strong>and</strong><br />
to charge for the installation of infrastructure. There is evidence of abuse in the<br />
application of these provisions. Urbanisation charges may be subject to human<br />
rights challenge in extreme cases.<br />
Ownership of property is never absolute <strong>and</strong> is everywhere subject to controls<br />
imposed in the public interest. Decisions about l<strong>and</strong> are primarily for the state in<br />
50<br />
A <strong>European</strong> L<strong>and</strong> Law?