Arrested in Mijas: property, planning and the inland community
Mijas spreads from the coast up into the hills, and much of its foreign population lives inland in villas and urbanisations. That produces a caseload dominated not by nightlife but by property: purchases, building work, boundaries and the disputes that grow out of them. Works carried out beyond what was licensed are a criminal matter, and inland and protected land carries stricter rules again.
Planning matters have a feature that catches buyers: irregularities travel with the property. Someone who bought in good faith inherits the problem, including a demolition order, and the protection available has to be asserted inside the proceedings rather than assumed. In neighbour and contractor disputes, self-help is what converts a civil argument into a criminal file, and pressure applied to obtain payment or completion can itself become an offence.
Avv. Massimo Romano — Ordine degli Avvocati di Napoli n. 14553, patrocinante in Cassazione dal 23/10/2015 — Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138 — +39 335 669 3954
In brief
- Building beyond what was licensed is treated as a criminal matter here, and what was authorised compared with what was actually built is what decides the file.
- Inland and protected land carries stricter rules, so a structure that would be tolerated elsewhere can generate proceedings and a demolition order here.
- Irregularities attach to the property rather than to the person who created them, which means a buyer inherits both the file and the order.
- Good faith on the part of a buyer is not recognised automatically and has to be asserted within the proceedings, with the purchase documents behind it.
- Property purchases turn into fraud complaints when what was bought does not match what was represented, and the chronology of the representations decides whether the matter is criminal.
- Boundary and access disputes between neighbours escalate into complaints for damage, trespass or coercion more readily than owners expect.
- Self-help, moving a fence, cutting access or removing something, is what turns a civil dispute into a criminal file, and it is the commonest error here.
- Contractor disputes run in both directions, with non-payment on one side and defective work on the other, and pressure applied to obtain either can become criminal.
- Driving on the mountain roads and on the routes down to the coast produces its own files, and arrests here frequently fall at a weekend, when the clock does not pause.
What actually happens here
- Building without authorisation. Works carried out beyond what was licensed, in a region with strict rules on inland and protected land, generate proceedings and demolition orders — the Italian parallel is in the guide on building and planning offences.
- Property purchases that turn into fraud complaints when what was bought does not match what was represented.
- Boundary and access disputes between neighbours, which escalate into criminal complaints for damage, trespass or coercion.
- Contractor disputes, where non-payment on one side and defective work on the other end with complaints in both directions.
- Driving on the mountain roads, and drink driving on the routes down to the coast.
Planning matters have a feature that catches buyers: irregularities travel with the property. A person who bought in good faith inherits the problem, and the protection available to them has to be asserted in the proceedings rather than assumed.
The Spanish clock, in short
For an arrest in Mijas the 72 hours do not pause for weekends, which matters because most of these arrests happen on a Friday or a Saturday. Spain does have bail, and conditional release with passport surrender and reporting is realistic in ordinary cases. The full framework is in the guide for Spain.
A property file turns on the comparison between what was permitted and what exists. The table sets out the recurring situations.
| Situation | How it is treated | What decides it |
|---|---|---|
| Work done with no licence at all | A criminal matter from the outset. | Whether any authorisation existed for the works. |
| Work exceeding the licence granted | Criminal as to the excess. | The licensed plans compared with what was built. |
| Work on protected or inland land | Treated more strictly again. | The classification of the land at the time of the works. |
| A property bought with existing irregularities | The problem travels with the property. | The purchase documents and what was disclosed. |
| A demolition order already issued | Enforceable against the current owner. | Whether the position was asserted in the proceedings. |
Frequently asked questions
I built without the right licence.
That is a criminal matter in Spain as in Italy, and inland and protected land carries stricter rules. What was licensed against what was built decides it.
I bought a property with irregular works.
Irregularities travel with the property, including demolition orders. Good faith has to be asserted in the proceedings and is not recognised automatically.
My neighbour and I are in dispute.
Boundary and access disputes escalate into complaints for damage, trespass or coercion. Self-help is what turns a civil dispute into a criminal file.
The builder has not finished the work.
That is civil unless deception at the outset is alleged. Pressure applied to obtain payment or completion can itself become criminal.
If this is happening now
With a name and the place of the arrest in Mijas, the position can be established quickly. First contact is free and covered by professional privilege, at any hour.
A house, a licence and a neighbour: what the next days look like
A property case follows you home, because the thing in dispute is where you live. Unlike a nightlife arrest, it does not end when you leave the station.
If the allegation is about building work, the practical effect may be a stop to the works, a demolition order and bills that arrive long after the original decision. A villa that took years and savings to build can become a source of exposure, and a buyer who relied on the seller's word may find that what was bought differs from what was shown. A mortgage lender may ask questions, and so may an insurer. Families who have invested their retirement in an inland property can find themselves facing both a criminal file and a financial loss.
Buyers who were misled may also be on the other side of a case. A property purchase that turns into a fraud complaint can involve the seller, an agent, a lawyer and a developer, and the person who thought they were a victim may find themselves questioned about their own role.
Boundary and access disputes between neighbours are slower but personal. A fence, a path or a drain may be at the centre, and complaints go in both directions. You will keep living beside the person who complained, so every message and every encounter matters.
The inland community is small. Urbanisations share roads, pools and management companies, and a dispute becomes known to everyone quickly. Do not confront the other party, and do not post in the residents' group.
In a dispute among a neighbour, an agent and a builder, each of them occupies a different position. The table sets them out.
| Who | What they are likely to allege | What answers it |
|---|---|---|
| The neighbour | Damage, trespass or coercion over a boundary or access. | Registry plans, surveys and photographs taken over time. |
| The selling agent | That everything was disclosed before the purchase. | The written particulars, correspondence and the deed. |
| The builder | Non-payment for works carried out. | The contract, the licence and records of the stages paid. |
| The buyer | That the property is not what was represented. | What was stated in writing before the money moved. |
| The authority | That the works exceeded what was authorised. | The licensed plans and the professional certifications. |
Whose side to be on when the neighbour, the agent and the builder all point at you
Property cases tempt you to defend yourself by blaming someone else, and that choice has a price.
Blame the builder or the agent, or take responsibility. If works went beyond the licence, you may believe the builder promised it was fine. Saying so is natural, but the statement may start a counter-accusation, and the question of who knew what is complicated. Do not say it until the lawyer has seen the contract and the correspondence.
Stop the works, or continue. If officers have told you to stop, continuing is a separate problem. If you have not been told, ask the lawyer before another day of building goes by. The price of stopping is cost and delay. The price of continuing may be a more serious order.
Negotiate with the neighbour, or leave it to the lawyer. A friendly conversation across a fence can settle a boundary, and it can also be remembered differently by each side. Keep any agreement in writing and approved by the lawyer.
Sell, or hold. A property under investigation or subject to a demolition order is hard to sell, and a sale made in haste can look like an attempt to avoid the consequences. Ask before you list it.
Papers a property file turns on
- Title deed and purchase contract, with every annex and the names of everyone involved in the sale.
- Planning permission and licence papers, including drawings and any amendments.
- Builder's contract, invoices and correspondence, showing who agreed what.
- Photographs of the property and the works, with dates, showing what existed and when.
- Surveyor's or architect's reports, if any were commissioned.
- Every letter or notice from the council or the authorities, with the date of receipt.
- Sale brochures and messages from the seller or agent, which show what was represented.
- Boundary documents and plans, if the dispute is with a neighbour.
- Your residence papers and proof of address.
What to leave alone while the property is in question
- Do not continue building after a notice or an inspection. It makes things worse.
- Do not demolish or alter anything without advice, since it may destroy evidence or breach an order.
- Do not discuss the case in the residents' group. Everyone reads it.
- Do not confront the neighbour. A heated exchange creates a new incident.
- Do not sign settlement papers from a builder, a seller or a neighbour without checking them.
- Do not sell or transfer the property hastily. It can look like evasion.
- Do not delete messages with the builder, the agent or the seller. They may be the best evidence you have.
Conduct during a property dispute can change its legal nature. The table compares the choices open to an owner.
| Course | What follows |
|---|---|
| Act through lawyers and the authority | The dispute stays where it belongs, and nothing new is created. |
| Move a fence or block an access | A civil argument becomes a criminal complaint for damage or coercion. |
| Continue works after a stop order | The file grows, and the position on good faith is undermined. |
| Withhold payment to force completion | Invites a complaint, and weakens the civil claim at the same time. |
| Threaten a neighbour or a contractor | Opens a separate criminal matter on its own facts. |
| Gather plans, surveys and correspondence | Builds the material on which both the civil and criminal sides depend. |
Questions to ask when the file is about land and buildings
- Is the allegation about what I built, what I bought or what I told someone?
- What does the licence actually cover, and where do the works go beyond it?
- What is the risk of a demolition order, and can it be challenged or delayed?
- If I was misled by a seller or an agent, can I recover what I paid, and how?
- Who else may be held responsible: the builder, the architect, the agent?
- If the dispute is with a neighbour, can it be settled, and in what form?
- What are the deadlines the law sets, and who watches them?
- Can I live in the property and carry on as normal while this is open?
- Who speaks for me in Spanish, and what is the firm's role?
How the firm approaches a property case in Spain
Contact the firm by phone or by email to avvmassimoromano@gmail.com. The opening call asks what has happened, what notices or papers you hold, and whether works are continuing. It also asks whether you bought through an agent or a lawyer, because that determines who else may need to be involved.
The firm does not appear as counsel in Spanish courts. It briefs a locally admitted lawyer, who handles contact with the authorities, and it coordinates the work, dealing with the Italian side: communication with the family, documents, and any connection to an Italian owner, builder or company. The guide on building and planning offences sets out how the Italian framework deals with similar questions, and helps clients see the parallels and the differences.
Work is in English and Italian, with interpreters for Spanish hearings arranged through the local lawyer. The firm is reachable outside office hours. Property files involve many papers, and we ask for them in order: contracts, licences, correspondence and photographs, sent as scans or photographs by email.
After the first contact a written note records who acts for whom and what the family should gather next.
Words you will meet in planning and purchase papers
Building without authorisation. Works carried out beyond what a licence allows, or without any licence, which can lead to proceedings and a demolition order.
Demolition order. A decision that a building or part of it must be taken down, usually at the owner's cost.
Inland and protected land. Areas where the rules on building are stricter, and where works that look minor can be treated seriously.
Fraud complaint. An allegation that a buyer or seller was misled about what was sold, which can start from an ordinary property dispute.
Boundary and access dispute. A disagreement between neighbours over where a property ends or who may cross it, which can escalate into criminal complaints.
European Arrest Warrant and extradition. Procedures for handing a person to another country, which appear if a case elsewhere reaches a resident of Mijas.
About the lawyer
Criminal defence is the whole of this practice. Avv. Massimo Romano is enrolled with the Ordine degli Avvocati di Napoli and pleads before the Court of Cassation; the work that reaches him concerns Italian criminal procedure, extradition, European arrest warrants, and cases where an Italian citizen is held by a foreign authority. He takes instructions directly. The first contact is short and factual: what the charge is said to be, where the person is, what has already been signed or handed over. Nothing is promised at that stage, because the file has usually not been read. What follows the call is practical, a list of documents to collect, contact with the authority or with local counsel abroad, and a plan for the next hearing or request. Where relatives do not speak Italian, the conversation continues in their own language, and written updates are sent in that language as well, so nobody relies on second-hand translation.
Ring the office directly, or write on WhatsApp if calling is difficult. Keep beside you the summons or the record of the search, and the name of any lawyer already acting.
Avv. Massimo Romano — criminal defence lawyer, admitted to the Italian Court of Cassation
Iscritto all'Ordine degli Avvocati di Napoli n. 14553 | Patrocinante in Cassazione dal 23/10/2015
Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138
+39 335 669 3954 · WhatsApp