In the second of our series of advice columns on buying property abroad, specialist solicitors John Howell and Co. look at some new measures being introduced in Spain.

BUYING property in Spain, compared with some other countries, should be a safe and relatively easy process.

Recently, however, there have been several local planning regulation scandals centred on buyers who have bought property for which either there was no planning permission, or the builder exceeded the planning permission.

Purchasers caught out by planning enforcement are often unaware that they have bought without the correct permissions.

As a result of illegal building and to illustrate the viability of Spain's planning laws, Cristina Narbona, Spain's recently elected environment minister, has announced new enforcement measures.

For example, if your property is within 100m of the coastline and built after the 1989 law "La Ley de Costa," it is likely to be in breach of the law, except in certain situations, such as if there are already homes there.

Your home will be the subject of enforcement under the new measures announced.

Just as in the UK where a property is illegally built, there is the potential that the Spanish authorities could pull down your property or fine you for not complying with the law.

Spain has bulldozed houses built in breach of the rules.

So how do you avoid these problems?

If you used a solicitor when you bought the property they should have checked the planning for you.

If not, it is likely that no one will have checked.

If you are a current owner or a potential buyer of Spanish property, check you have all the necessary planning documentation. You can obtain this either by asking your builder or developer, or you can conduct a search through the planning office.

Unless you speak Spanish you would be better asking your lawyer to do this.

For purchasers who have bought a house without adequate permission, or have exceeded their planning permission, there is little redress.

Contact an independent solicitor urgently for help - one that is not tied to your developer, builder or estate agent.

Your lawyer may be able to put in a belated application but essentially your property may be illegal and subject to law enforcement.

Spain is a wonderful country and measures such as these should not deter Britons from buying there.

If anything, it should encourage you to buy because you can now do so knowing that there will be no problems associated with the planning of your property.

The new build market in particular will be more viable, because all certificates and documents will have to be obtained by law.

This was not the case in the past, and this is where some buyers have come unstuck.

Our best advice is to ensure you use a good, independent solicitor when buying a property not just in Spain, but anywhere in the world.

This way you will be advised about any possible pitfalls and be able to avoid measures such as those now being imposed in Spain.

* John Howell and Co is a firm of English lawyers and international solicitors who specialise in Europe and Dubai.

They can be contacted at The Old Glassworks, 22 Endell Street, Covent Garden, London WC2H 9AD or call 0207 4200400, or visit www.europelaw.com.

HEADLANDS International specialises in selling Spanish properties

Al Andalus is a modern complex close to the town of Vera is one the market for £121,691.

Valgrande - Sotogrande on the Costa del Sol is a fantastic property on offer for £338,388.HEADLANDS International specialises in selling Spanish properties

Al Andalus is a modern complex close to the town of Vera is one the market for £121,691.

Valgrande - Sotogrande on the Costa del Sol is a fantastic property on offer for £338,388.