Costa del Sol foreign resident's family must request cleaning and disinfection of home where she died

The court of first instance in Malaga has denied the neighbours of the elderly woman discovered dead at her home on 26 April access to the flat in Rincón de la Victoria.

The association of homeowners had requested a permission to enter and sanitise the home after the removal of the body for fear of an infection that could spread.

The deceased, There, was almost 90 years old. Originally from Belgium, she moved to the town with her late husband over a decade ago. She had passed weeks before the discovery of her body.

Residents of the building stated that, as a result of this unfortunate event, it was necessary to proceed with the cleaning of the property. They believe the flat contains remains and fluids where the body was. Decomposition naturally "generates larvae and all kinds of parasites".

Since the end of last month, the residents have been living with a strong odour, which has led many of them to wear masks. They have also noticed a lot of flies across all four floors of the residential building, where about 30 families live.

According to the court, there is no investigation that prevents entry for the purposes of cleaning the flat.

The judicial body, however, has stated that permission to enter must come from either the deceased woman's heirs or the relevant authorities if there is indeed "a risk to public health".

There's neighbours have already tried to prove that there is a risk to public health. They went to the town hall to request an intervention on 30 April.

On the first business day after the long weekend at the beginning of May, the town hall prepared an inspection report, which confirmed that the smell was possibly originating from biological material in an advanced state of decomposition.

The municipal legal department sent a letter to the court on 6 May, requesting permission to enter the flat and proceed with the cleaning, but to no avail.

The homeowners are still hoping to expedite the process, as they fear that the stench will become unbearable with the heat and that pests will proliferate. They have appealed to the territorial delegation of health and consumer affairs in Malaga.

This department, however, has made it clear that they cannot automatically activate the protocol for an inspection, as it requires a request from the interested party and that they must have the approval of the judicial authority for a possible entry into the house.

"What we've been able to find out so far is that, at this point, we would have to initiate another procedure, which consists of sending an initial notification to the heirs. This notification would be delivered to the deceased's address, as there is no other registered address, so it's unlikely anyone will pick it up. After some time, we would have to send it again and if no one responds to the third attempt, we would have to start all over again. In short, we would have to wait months," Isabel, one of There's neighbours, said.

There and her husband settled on the Malaga coast a decade ago. Although she had shared having children and grandchildren, their neighbours never saw them. Not even when There's husband died, did they come to Malaga.

Upstairs neighbour Isabel feared that something bad had happened to There. She had noticed her absence about two weeks before the discovery and had been unsuccessfully trying to contact her. The Guardia Civil finally managed to access the flat through the window and discovered her body.

No one has yet appeared at the property, which remains closed and awaiting disinfection, as is appropriate for the scene of a death.