Irregularities have been proved in a Marbella development Jose Avila Rojas
The Granada builder, José Ávila Rojas, has been given a three and half year prison sentence for continued fraud. It comes after he sold three homes in a promotion in Marbella knowing that they could not be occupied as the development, despite being constructed, had not first occupancy licence.
Ávila Rojas also faces charges in the Malaya case, and in this example has been ordered to return the deposit monies paid by the property buyers, an amount of about 67,000 € in each case.
The sentence from the Provincial Court in Málaga shows that Ávila Rojas built the Carril del Relojero development of 64 homes, garages and shops without the correct permissions.
In April 2003 Marbella was governed by the GIL party which did grant an initial works licence, but that was appealed by the Junta de Andalucía who managed to get it revoked in the courts. But Ávila Rojas ignored the ruling and continued with the development after some reforms completing it in June 2005.
Because it had no valid building licence the Town Hall could not grant the first occupancy licence.
The three purchasers did so via Naviro Inmobiliaria, owned by Ávila Rojas, in August 2004, and the company told them nothing about the administrative problems the development was facing. It was only when the Malaya case broke that the purchases discovered the lack of occupancy licence, and demanded the return of their money, with interest. Naviro refused that considering that the licence had been granted by ‘administrative silence’, and that was when the purchasers started their legal action which has now concluded.
