English 
With 16,000 homes in Marbella left in a legal limbo when the Spanish Supreme Court annulled the town’s general plan (PGOU) created in 2010, the local council has pledged to find a solution.
For now Marbella’s Town Council has had to revert to the 30-year-old 1986 PGOU for planning purposes and the approval of new developments, but thousands of homes that were legalised under the most recent 2010 plan now find themselves situated on land that is not zoned as urban under the 1986 regulations.
This has placed them in an uncertain position, making such assets extremely difficult to sell and almost impossible to raise a mortgage on, even though another Supreme Court decision protects them from any threat of demolition unless compensation is paid first.
Since the ruling was made, towards the end of 2015, Marbella council has been working with the Junta de Andalucía regional government to come up with an interim solution while a new PGOU is drawn up—a process that could take between two and three years.
The mayor, José Bernal, recently announced after discussions with the Junta a twin track route to finding a way out of the planning impasse Marbella finds itself in. The first measure that should be in place within 12 months is aimed at restoring investor confidence in the town’s planning rules. This will involve adapting the 1986 PGOU to comply with new regulations known as LOUA, which were established at the regional level by the Junta de Andalucía some years ago. Four external consultants are being hired to ensure the process is completed on schedule.
While this will enable new development to proceed, it is not in itself enough to clear up the status of the 16,000 homes not covered by the existing PGOU, so an entirely new general plan will be drawn up to provide the regulatory framework to legalise the affected properties, a process that will cost €2 million and include public consultations and environmental impact studies, the lack of which were two of the reasons the 2010 plan was annulled.
The Junta de Andalucía’s Councillor for the Environment, José Fiscal, said that these proposals offered a “flexible solution that is the one that puts fewest obstacles in the way of future development and projects in Marbella.”
Banus Property is pleased to see the authorities are working towards a solution for this issue, which had the potential to threaten investor confidence across Marbella, even though it is not a problem that affects the vast majority of homes in the Puerto Banús and Nueva Andalucía areas, most of which are covered by the 1986 PGOU such as Playas del Duque, Las Gaviotas, Los Granados, Embrujo…
With the authorities keen to normalise the situation, it won’t take long before the Marbella property market has regained full momentum. Should you be looking for a property in Marbella, we can advise you on the best villas and apartments for sale in the Puerto Banús and Nueva Andalucía areas. Please contact us for a consultation.
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Alternatively, you send an email to info@BanusProperty.com