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European MPs have told Spain to amend its ‘land grab’ laws.

Voting by 550 to 45, with 25 abstentions, the European Parliament adopted a report on the Valencian Land Law inviting competent authorities ’to remedy the problems that have arisen under the present legislation with respect to those aspects of the protection of property rights which raise questions of human and fundamental rights’.

The action follows complaints from more than 15,000 property owners, mostly British, German, Belgian and French, about the Urban Planning Regulatory Law (LRAU) originally introduced in the province of Valencia and since copied in other parts of Spain. In force since 1994, the law was originally designed to prevent individual land owners holding up community development plans. However, it has been operated in a way which has allowed property developers to expropriate parts of existing properties while charging for the ‘improved’ facilities.

Last year, the European Parliament’s Petitions Committee said that the application of the law had brought ‘a grave violation of the basic rights of many thousands of European Union citizens’.

In particular the report adopted by MEPs called for a clear definition of ‘public interest’ that will prevent its use as justification for expropriation of land that could then be used for the promotion of private, rather than public interests. It also wanted binding criteria written into law for the calculation of compensation in cases of lawful expropriation.

There should also be measures to ensure each property owner affected by any urbanisation plans is informed individually, effectively and in good time so as to be able to consider ‘appropriate action’. Meanwhile there should be a ‘fundamental review’ of the bases selecting developers for urbanisation plans.

The resolution called on Valencian and Spanish authorities to ensure that any urbanisation plans likely to have significant environmental effects are made subject to a strategic environmental impact assessment.

• After years of wrangling over planning, a series of prosecutions and jailing of a former mayor, Andalucia's regional government is getting tough on unauthorised property development. It has threatened to follow the example of its treatment of Marbella and take action against any council that fails to comply with new planning laws. Meanwhile it has stripped the Marbella city council of planning responsibilities and will take these on itself in a bid to halt illegal building. Currently up to 5,000 Marbella holiday flats and villas, many owned by overseas investors, are in danger of forced demolition. However, the argument is not over since the Torremolinos council has launched a legal challenge to the new land laws. Its argument is that this gives the regional government too much say in local issues.



Property in Spain