Marbella Properties

CHECK THE LEGAL STATUS OF MARBELLA HOMES

A recent Supreme Court ruling overturned Marbella’s 2010 master plan—known as the PGOU—meaning that for the moment all planning decisions have to abide by the 1986 version.

This means that some 16,500 homes have been left in an uncertain legal limbo. Whilst they are protected by another ruling, which states no homes should be demolished before compensation is paid, many people are concerned about the status of their property.

Those worried about the legal status of a Marbella property can now use an online tool to check if it complies with the current urban plan.

Working on Marbella urban planning solution

Town hall and Junta de Andalucía officials are working to modify the 1986 PGOU to clear up the matter, but in the meantime homeowners can check the status of their property via an online tool. Marbella’s Territorial Information System (SITMA) allows anyone interested to check if a property is included in the 1986 town plan (see link at bottom of the page).

SITMA gives users the chance to utilise a set of customisable tools to view a map of Marbella—based on a 2012 aerial photo. Overlays allow people to compare the approved 1986 plan with the 2010 overruled PGOU.

However, this map is intended as a guide only and the information found on it is not legally binding—indeed the website itself notes that information from the 1986 PGOU is still being uploaded onto the system. For this reason information should be checked at the town hall (ayuntamiento) for accuracy and to ensure it is up to date. Residents are welcome to visit the planning department to check the status of a property.

The Supreme Court made the decision to overrule the 2010 PGOU partly because there was a lack of consultation with the town hall and citizens when the Junta de Andalucía drew it up, apparently with the sole intention of legalising thousands of properties that fell outside the original regulations.

It should be noted that most real estate in Marbella is perfectly legal and we are confident the modifications to the 1986 PGOU will provide a solution for the majority of properties outside the original master plan. Should you be looking to buy a property in Marbella please contact us and we will be only too happy to advise you further.

Follow this link to view the SITMA site, which for now is in Spanish only.

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