Illegal or not, common sense tells you that this is a high risk investment, and bank guarantee or not it will cost you dearly. Those who invested have lost other opportunities to use their hard earned cash in a more certain investment, and to invoke the bank guarantee will undoubtedly cost money as well - lawyers acting for clients of Grupo Sanchez for example are being asked to stump up 1500 euros for that service!! Spain is still probably the most stable place to invest for lifestyle or for capital growth- prices are at a huge discount to bank valuations (which are based on formulas for replacement costs and vary area to area, with land prices, material and labour costs taken into account). We still have just a few opportunities to acquire properties with no entry cost in good locations that can start returning rental income, and at such discounted prices they are sure to be a good long term investment.

__________________
Michael Bush
e-mail mbush5@aol.com
http://www.thecompletepropertysolution.com
skype name michaelbush

"We still have just a few opportunities to acquire properties" ... desperate, desperate, desperate !!! You complete loser.

and mine told me that there is no reason at all to worry.
as long as you build within the parameters of the legislation then thats fine.

funny that.

well. In spain more than anywhere, you pays your money and you take your chance. I would take a long read through the small print on the bank guarantee though.

gee, thanks for the advice.

It is people that do not do this very simple task, or have villas built on 6000 sqm of rustic land without usng lawyers that then turn around and blame Spain.

any updates, hows everyone feeling?

Dear Members
Following on from the entry on this site relating to the new Land Act (Ley del Suelo) 8/2007 Dated May 28th and how it has been suggested that this will cause a problem with the planning application for Jardin de los Reyes, I have requested a formal response written by our planning lawyers and translated into English.
This has not been posted to enter into a debate but to highlight that facts as they are and not to allow certain entries to mislead people and discredit our development. It is very easy to bring about legal issues without mentioning the article and regulation supporting them, thus making it difficult to check the information given in a simple way for persons lacking a legal background.
It is as important to discuss the issues that may be relative in order to make a decision. Irresponsible entries have been communicated as twisted facts.
The debate on some issues allegedly concerning Jardin de los Reyes have been made under the implied assumption that such issues are governed by a regulation, specifically the new Land Act (Ley del Suelo) 8/2007 dated May 28.
One should not make the mistake of distorting what regulations set forth by taking isolated quotes from the legal text separately from a global perspective framework. In this regard, I must quote literally the response given by Ms. Ana Melero, Legal Counsel, OCU (Users and Consumers Association) to the questions posed:
"…on the impact of the Land Act, recently enacted, we advise you that as any legal text it must be viewed as a whole, not focusing on specific articles …"
A blend of all the above defects is underlying in each of said issues, we reply on an individual basis:
“30% of the land area must be reserved for state-subsidized homes”
1) The above statement, is not new and it is inaccurate, The Facts in "article 10. Basic land usage criteria" in the applicable Act 8/2007 dated May 28, on Land, sets forth in its paragraph "b" is as follows:
"This limit shall be determined by laws on territory and urban planning or, in accordance with the latter, by the planning instruments and, as a minimum, it shall comprise the land necessary to attain the 30% residential buildability rate provided for by the urban planning of the land that shall be included in development actions.
However, said legislation may also set or exceptionally allow for a lower percentage for certain Municipalities or actions, provided that, in new developments the relevant planning instrument shall guarantee full compliance with the limit within its territory as well as a layout distribution respectful with the principle of social cohesion."

2) In the case of Castilla – La Mancha, the territory planning regulations referred to in the Land Act is the Act on Planning of the Territory and Urban Activity (Ley de Ordenación del Territorio y Actividad Urbanística –LOTAU-) enacted by Parliament Decree 1/2004 dated December 28, 2004.
3) The LOTAU sets a higher percentage, equivalent to "50%" of the residential buildability, to be used for subsidised homes, as well as specifies that the above-mentioned percentage that may not be intended to materialise in the relevant urban development shall be subject to a legally established and taxed economic compensation scheme in favour of the municipality.
Summarising: first, the 30% set forth by the Land Act is not an absolute figure, it may be decreased in some instances. Secondly, the LOTAU was already more restrictive than the more recent Land Act and, third, at any rate there is always the option of paying the relevant amount in compensation for the percentage of subsidized homes which construction is not intended. Such amount is to be considered a partly or in full as further cost of the project.
“Development actions leading to a doubling-up of the municipality's population shall not be allowed”
1) The fact that the towns have a cap imposed to their growth it is not the same as restraining their development, which simply speaking is just controlled, though not under the terms so expressed.
2) What the Land Act really provides for in its "Transitional Provision Four. Minimum sustainability criteria", in order to prevent undesired impacts from new urban developments, a general review of the planning must be carried out whenever a development action may entail on its own or when combined to others approved within the two previous years, an increase exceeding 20% either in population or in area of developed land in the relevant Municipality or territory.
Summarising: This means yes to grow, but in a sustainable, particularly controlled manner when exceeding such percentage.
“Burnt-out woodland shall remain as rustic land for the next 30 years. It may not be re-zoned in order to avoid speculation”
1) Although this is stated in Additional Provision Six of the Land Act, it is not new either. It may suffice to say that already before, in fact on April 6, 2006 an amendment to the Woodland Act of 2003 was passed in which such prohibition to re-zoning land for 30 years where a fire has taken place was already in place.
2) On the other hand, we fail to see what this has to do with JDR, as regardless of the fact that no fires have occurred in the project area, such land is classified as rustic reserve not subject to woodland protection of any kind, suitable for its re-zoning as developable and currently, until such development project materializes, intended for agricultural use. In this last regard, it must be clarified that Act 43/2003 dated November 21 on Woodland sets forth:
"Article 1. Purpose. This Act is intended for guaranteeing the preservation and protection of the Spanish woodlands...".
"Article 5. Definition of Woodland. For the purposes herein, woodland is understood to be any land where arboreal, bushy woodland, scrub or herbaceous species are located, be it spontaneously or through cultivation or planting, which fulfil or may fulfil environmental, protection, production, cultural, landscaping or recreational duties.
2. Not regarded as woodland are;
a) Land used for agricultural cultivation…".
Summarising: This has no relevance to our project.
“Construction of golf courses shall not be an instrument for building thousands of homes; it may only be equipped with tertiary facilities (hotels and shopping areas)”
1) Here, a reference is being made to a regulation that has nothing to do with the Land Act, which in view of its similarity I understand refers to a regulation of exclusive application in the Community of Valencia and does not apply to Castilla - La Mancha where, on the other hand there is no currently applicable regulation in this regard.
a. At any rate, and by way of a mere clarification to this issue, the restriction applicable to the Community of Valencia is not exactly as stated because, in spite of it not being possible to include the sport facility and the residential development in the same plan, it is possible to execute both in parallel in separate plans by building the residential area within a given distance from the golf course. On the other hand, the specific regulation is that golf courses may be deployed on any kind of land provided the urban planning allows for it whereas up to now a re-zoning was required in most instances.
Summarising: JDR is not subject to the above restriction as it is a project intended for Castilla – La Mancha.
Some of you may wonder why we have spent so much time in our response, taking time out from dealing with important planning issues but I hope this will shed some light and objectivity to this matter, being it understood that it is desirable to both uphold and defend an approach as the one adopted herein with specific data and references beyond mere opinions.
I would be happy to take individual questions from current investors and potential investors not from people set out to damage our reputation for their own gain.
Kind regards
Stuart Lawrence - Operations Director – MartinClews SL

F**k me, its gone quiet in here, eh, Stuart?

The process for approval for a project of this size has to be managed and presented within a strictorder of priority. Our presentations and planning are made up from a number of applications that are running parallel to each other. Our objectives are to continue to improve our design and provide everyintricate detail to ensure all the demands of the Town Hall planning officials are met whilst ensuringwe are sensitive to their time scales and work loads.

Schedule : The work referred to in the above is expected to be completed in the next few months, following this presentation decisions are given by the governing authorities within 60 days as to theapproval of the planning.

We have made some improvements to our concept plan that we are now working on with the allocated project team in the Town Hall.

We are working with our accountants and senior partners on a new exciting investment opportunity relating tocommercial and not residential which is planned to be launched in September, I will of course update all ourcurrent investors in due course.