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.
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.
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.