Monte Pego 'must be finished off by councils', warns ombudsman

Pego and Dénia are legally liable to repair potholed roads and pavements, clear overgrowth, provide policing services and street lights if the developer does not, says Síndic de Greuges

IF MONTE Pego's numerous defects are not resolved by local councils, these could end up facing a huge liability case and would probably lose.

That's the verdict by the Síndic de Greuges – literally, the 'Grievances Syndicate', or regional ombudsman – and, although its decisions are not binding, are highly influential.

Whilst the courts have said the developer, Monte Pego, S.A., is legally responsible for finishing off the urbanisation in accordance with the original plans so it can be 'adopted' by Pego council and, to a lesser extent, that of Dénia, the Síndic has made it clear that it is up to these two local authorities to require the original builders to do so.

And if there is no way of forcing the developer into completing the urbanisation, the councils are legally responsible for doing so at their own cost.

Nearly 20 years of waiting for most homeowners

The first few homes on Monte Pego went up 40 years ago, although the bulk of them were built between 2000 and 2004.

As the estate has not been 'adopted' by the councils covering its different parts, roads are not resurfaced and no street lighting or security is in place.

In fact, homeowners on the mountain pay some of the highest IBI rates in the whole of Pego, since their villas are generally larger than residential properties in the town and have more land – and yet they receive nothing for their money.

Roads are covered in potholes and are dangerous after dark, since there is no lighting except from houses, making driving hazardous at any time of day and walking at night unsafe – especially for women, but in practice for anyone, given the risk of a fall caused by uneven roads.

Pavements are also cracked and dangerous, and severely overgrown – as is most of the complex, causing many residents to fear forest fires in summer when the weeds wither.

Many homes are still on septic tanks, and police do not patrol the area unless specifically requested, as has been the case after a handful of burglaries.

Fortunately, residents are very aware of this and have their own alarm systems in place connected to the police, a Neighbourhood Watch scheme and WhatsApp local security network, and the residents' associations are in close contact with Pego's forces.

'Liable for compensation' if they fail to act

They have been battling for basic services since the court case in favour of Pego town hall found that the developer was liable for the cost of completing the urbanisation, back in early 2010.

This should have been the end of the chapter, yet a series of appeals mean it remains unresolved.

Now, though, light may be at the end of the tunnel: the ombudsman says Spain's Constitution, which stipulates that everyone in the country has the right to 'fair and dignified' housing – a description that includes services such as safe roads in good repair, proper lighting, drainage and security – takes precedence over any other legal considerations and public authorities are the ones responsible for ensuring this is the case.

Also, and separately, Pego and Dénia councils could be forced to pay compensation if they do not provide these basic facilities.