11 Nov, 2015 @ 18:28
1 min read

Back to the past

Marbella e

THREE rulings by Spain’s Supreme Court, on November 4, have left the owners of more than 16,500 homes built in the municipality since 1986 in legal limbo.


And the big questions are still unresolved.

In a series of decisions, Marbella’s 2010 urban planning regulations (Plan General de Ordenación Urbana, PGOU) have been declared null and void.

They legalised thousands of homes constructed since the previous town plans, dating back to 1986, were approved.

In response to appeals against previous Supreme Court of Andalucia rulings, the rulings all arrived at the same conclusion: the town hall does not have the power to retroactively declare legal properties that have been built illegally.

That rests with the courts, they claimed, and nor can the ayuntamiento alter land classifications, nor legal liabilities.

At the same time, the Supreme Court decisions mean that individual property owners, even those who bought in good faith, will be held liable for illegal constructions, rather than passing the responsibility on to developers, as the 2010 plan sought to do.

Much of the problem arose during the three terms of the GIL (Grupo Independiente Liberal) government, from 1991 to 2003, 11 of which were under the town’s mayor Jesús Gil.

Gil, with his cronies, ran Marbella like a corrupt fiefdom, funnelling cash under the table in exchange for carte blanche building licenses.

Subsequent administrations, under mayors Julián Muñoz, Marisol Yagüe, and Tomas Renones (all sentenced to jail time for offences following the Caso Malaya scandal), were little better, leading to the suspension of the entire town hall in 2006 by the central government.

They made way for a team of auditors who tried to unravel Marbella’s finances.

So, what now?

For a start, all the paperwork for every property built within Marbella’s municipal area since 1986 will need to be looked at very carefully indeed.

There are two possible outcomes: either a property is legal, because it was built on urban land as per the 1986 town plan, or it isn’t, because it wasn’t.

But the real, $64,000,000,000 question is this: if a property is one of the 16,500 homes that were legalised under the 2010 plan, what next?

Marbella town hall and the Junta will be studying the rulings closely over the next few days to determine the ‘implications’ and come up with solutions, according to a press release from the current mayor, Jose Bernal.

The only thing that can be said with any certainty at this point in time is that nothing is certain in Marbella.

Adam Neale (Columnist)

Adam Neale is the owner of Terra Meridiana, a real estate agency based in Estepona on the Costa del Sol covering areas such as Marbella, Estepona, Sotogrande and Benahavís. Adam has more than a decade of experience in the sales and rental markets and, as Property Insider for the Olive Press, will be providing useful advice for buyers, sellers, tenants and all those interested in living in southern Spain. You can contact Adam by phone at +34 951 318480, pay a visit to his office at 77 Calle Caridad, 29680 Estepona (Málaga) or just visit his website at www.terrameridiana.com

1 Comment

  1. What an absolute idiotic thing to do. Just when the property market was making a small recovery along the coast some clown has thrown a box of spanners in the works. Where it can be said by those who know that it only effects the Marbella area and not the rest of the coast, to the foreign buyer this has destroyed confidence in Spanish investment nationally throughout the entire country,

    “You would have to be mad to buy in Spain, did you not see what happened in Marbella?”

    Confidence in Spanish investment obliterated!!!
    Easy to know the people in the supreme court are not depending on this confidence to pay their big fat wages! What IDIOTS.

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