We at Select Properties are Experts in Urbanism.
On the 4th of November 2015 the Supreme Court of Spain overrode the General Urban Development plan for Marbella from 2010, which at that time was a decision of the regulatory procedure, approved by the Government of Andalusia, the Town Hall of Marbella and the State Administration in charge of Urban Town Planning Rules in Spain.
This means the complete and total disappearance of the plan from the year 2010 – as if it has never existed. That, accordingly, leads to the restoration of the previous urban plan – adopted back in 1986.
Marbella during the era of Jesus Gil administration or, as the papers say, his “11-year sovereignty”, was ruled with illegal urban planning, ignoring completely the General Plan of 1986. The plots declared as green areas in the 1986 plan were used for the developments, townhouses or apartments have been built where the 1986 plan only allowed villa construction with a lower construction percentage.
The Supreme Court stated that the urban planning itself did not have the appropriate authority in legalizing those illegally built properties and confirmed that “good intentions of those who created the plan of 2010 do not make urban planning itself legal”. Furthermore, the plan of 2010 lacked some formal documents, for example the environmental report and long-term economical sustainability. In total, the court brought to a focus 6 reasons that influenced the cancellation of the plan.
Obviously, the plan of 1986 has lost its applicability. Today we can count only on the rationality and flexibility of the town planning rules that will help to become a temporary solution before the approval of the final version of a new full urban plan. The situation is not simple and creates significant uncertainty.
The Supreme Court’s decision should not lead to a reduction in construction volumes, or have a negative impact on the urban real estate market.
The town administration and the City Council legal services are working actively together with the Andalusian Ministry of Urban Planning on all matters related. The administration is of the opinion that urban licenses that have been under planning currently, the ones about to be finalized or have already passed recently “are firm and fit right”. In the process of revision of Marbella Plan of 1986 the legalization of most of the houses is expected.
Whichever the Urban Plan applicable in Marbella it MUST comply with the LOUA 2002 of The Andalusian Government.
We have actively studied the Urban Situation Currently affecting Marbella and We are in a Position to Advise you regarding the Legality of your Future Property Purchase, whether it be a New Build, Second Hand or Land.