Recently we have been shaken by the news of the Spanish Supreme Court annulling the Marbella General Plan for Urban Zoning (PGOU).  The Supreme Court has declared the Marbella General Plan as null, which was approved by the Town Hall in 2010. This was done mainly for two different reasons: on the one hand, due to the lack of accomplishment of some legal requirements needed for its approval and, on the other hand, because the General Plan failed to fulfill its natural aim. It looked at the expansion of the city while taking too much into account the illegal constructions built in the past instead of the future necessities of the community.

In order to best understand the Supreme Court‘s judgment first of all we should elaborate on what a General Plan for Urban Zoning is and what it is intended for. The General Plan is a kind of the blueprint that a city establishes, where it describes how it will develop in the future along with the aims to be fulfilled: organizing the growth adapting it to the necessities of the town in economically and environmentally sustainable way.

Furthermore, the General Plan classifies the land of the municipality into different categories, determining its possibility to undertake constructive works on it in a short-term period and the allowed usage.

Consequences, current situation and possible remedies

As a consequence of the Supreme Court’s judgment, the previous General Plan dated back to 1986 has entered into force in Marbella.

The Marbella Town Hall has created a municipal commission to collaborate with the Regional Government in order to shorten as much as possible the period of time required to approve a new General Plan for the City.

Moreover, in order to clarify the current situation, the municipal government has created a Virtual Office accessible from its Official Website. At the Virtual Office, the City Hall explains the situation of the licenses and planning regulations that were already definitive or were in process to be approved or granted and also to be made make public the criteria that will apply to report the concession of licenses, pendent or new ones, and at the disciplinary proceeding.

Although this Virtual Office is a good way to generate confidence and security under the current circumstances, it only provides general information and does not solve all the particular cases one could face after the annulation of the General Plan. For this reason, due to the complexity of the matter, it is highly advised that a specialist lawyer is hired to resolve any issues that arise in relation to the situation of your current or future property in Marbella. At Lexland we have professionals in the area of Real Estate and Urban Law who can study your case and offer advice tailored to your needs.