Marbella (PGOU) Urban Plan Annulled

First posted in November 2015 and lost due to website crash.

Annulment of the Marbella PGOU (Urban Development Plan) by the Supreme Court.
A conference was held to advise on the Legal Analysis and Consequences carried out by a top Marbella law firm.
Barely a week after the Supreme Court has declared the general plan for the municipality of Marbella as null, invalid, A Conference was held this morning at the hotel Fuerte of Marbella which was attended by hundreds of interested persons. Present was a town hall councillor who in its day had voted against the PGOU, lawyers, architects, promoters, real estate personnel, and property owners.

Seated at the top table to provide the audience with expert and detailed legal analysis and consequences were,
Honourable Jorge Muñoz Judge on judicial sabbatical from the High Court of Andalusia. Position in Marbella law-firm,
administrative law and urban planning
Honourable Carlos Garcia Manrique State’s Attorney. Position in Marbella law-firm, administrative law and urban planning.
Honourable Agustín Azparren Judge on judicial sabbatical and who has served on the General Council of the Judiciary (CPGJ). Position in Marbella law-firm, consumer rights and quality judiciary.

For over two hours the judges and Juan Rodriguez lawyer with expertise in planning law in Marbella. Spoke to the three hundred strong audience about the legal consequences of the decision of the Supreme Court las Wednesday. At a time when it obvious that the property market in Andalusia is coming out of decline and with property price said to be increasing by around 2% a month, one can imagine the shock furore and consternation of all those involved in the real estate business, but worst of all, for all those property owners whose dwelling fall into the catchment area that is the municipality of Marbella.

It appears that the promoters who no longer own the properties they sold on in good faith will not be held to account. What I took from the meeting was the common agreement from the top table that the onus should not be put onto the property owners with the town hall asking those who bought what were considered as legal properties to pay for ‘legalisation, regularising AFO or any other actions that need to be taken.

What has made matters worse, is that the planners used the 2010 town plan to legalise those properties which were out of the ordination from the plan of 1986.
Considering the circumstances, the speakers remained positive and optimistic. With so much technical information and with each area to be studied on its own criteria, it is impossible for me to provide details. For discussion, advice, information, assistance and an analysis in particular cases, note the paragraph below.

CAB Spain is willing to host small and personal conferences or meetings in Marbella. All those who own a home, holiday home, land or plots and commercial property in the municipality can contact: myra@citizensadvice.org.es

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.