Illegal Buildings in Marbella

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This topic contains 7 replies, has 3 voices, and was last updated by Profile photo of Anonymous Anonymous 11 years ago.

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  • #51380
    Profile photo of Anonymous
    Anonymous
    Participant

    Few days ago iy was discussed in this forum about the illegal developments in Marbella and what are the prospects for those.

    Today you can read in El Pais head lines (!) about this issue. As mentioned in the forum , there are approx. a 15% to 20% of the 30.000 Homes which can not be legalised. According with the new Town’s PGOU, which will be passed soon, there are about 5.000 properties built on Suelo No Urbanizable ( rural land ) , natural protected areas or land for schools, health centres, parks etc..

    The new PGOU is planning a future Town of 300.000 inhabitants ( well , in fact Marbella has around that figure now, the Plan means registered inhabitants) instead of the 600.000 that GIL planned, for that it fixes many protected areas of all sorts ( urban parks, “periurbanos” parks, natural protected areas, natural parks, etc) plus many areas which will be only for public infraestructure ( hospitals, schools, future Coastal undergroud line, etc ).

    Regards,

    José María Sánchez Alfonso
    Abogado / Lawyer
    Costa del Sol, Málaga
    jmsalfonso@inicia.es
    952.479268
    619.886542

  • #59970
    Profile photo of Anonymous
    Anonymous
    Participant

    Thank you for that info, Jose. What will happen to those buildings that will not be legalised? PLEASE don’t tell us that they will be demolished!

  • #59971
    Profile photo of Anonymous
    Anonymous
    Participant

    Perhaps they will “archive” the case. this is spanish speak for we don’t know what to do or someone has had a backhander. They hope that in about 5 years time everyone will have forgotten about it and then they legalise it. It doesn’t only happen in Marbella there is a large apartment block near the castle that has had a demolition order against it for at least 8 years to my knowledge.

    What happened in marbella is that every 5 (?) years each town hall has to put in a plan to the junta de andalucia. This has to be passed by the junta. It states what is building land, parks etc. In 1992 or thereabouts Marbella mayor (Gil) submitted a plan that was rejected by the junta. marbella went ahead with the town plan even though it was illegal. Since then anything built on land not declared building land in 1986 plan is therefore illegal. It is expected that when the new marbella plan is passed shortly (??) many will then become legal but many will always be illegal. This is an extreme case but many other town halls have committed gross excess. You only have to look at fuengirola and Benalmadena to see that.

    Good luck with your case, Jacky

  • #59972
    Profile photo of Anonymous
    Anonymous
    Participant

    Do you mean the castle at Fuengirola, about a 6 storey building?

  • #59973
    Profile photo of Anonymous
    Anonymous
    Participant

    @Claire wrote:

    Thank you for that info, Jose. What will happen to those buildings that will not be legalised? PLEASE don’t tell us that they will be demolished!

    I for one hope that all illegal buildings are demolished otherwise there will be no rural land left. Do you want to see all of Spain spoilt? If they are not demolished it makes a complete mockery of planning laws, protected land, natural parks etc. What sort of message will that send out? Build anywhere you like – in a few years your house will be legalised anyway!!!!
    If this were England, would it be OK to build on green belt land without permission? I think not. There would be a public outcry. The planet’s resources are being used up enough as it is. There is plenty of legal urbanizable land left to build on or brownfield sites to redevelop without encroaching into rural areas.
    Or is everyone so short sighted as to think their one, itsy bitsy villa doesn’t matter?!

  • #59974
    Profile photo of Anonymous
    Anonymous
    Participant

    I think they should be demolished but generous compensation given by the Spanish government who should then deal with the developers. Strange as it may seem many living in illegal apartments have been provided with mortgages by the banks. Lot of big boys involved and also spanish families have fallen foul too.

  • #59975
    Profile photo of Anonymous
    Anonymous
    Participant

    it would be interesting to see how many spanish folk have been affected i bet not many, and as i have said before there is only one person to blame that is the goverment if you can get away with making money for the developer and collect the taxes for the government,why should the goverment do anything maybe we should not blame anyone , maybe should lobbey european commissioner about fraud in spanish goverment about collecting illage taxes 🙄

  • #59977
    Profile photo of Anonymous
    Anonymous
    Participant

    [quote
    I for one hope that all illegal buildings are demolished otherwise there will be no rural land left. Do you want to see all of Spain spoilt?

    I would not want to see Spain spoilt, but Spanish people who start to build then abandon it for years &years do not enhance the country. Nor do the fruit/vegetable growers who leave their masses of discarded polythene on the land when it is of no use.

    As for the villas built on rural land, it is unscrupulous people selling licenses on illegal land that need to be weeded out.

    I do agree that if the places are demolished, then full compensation should be given. IF I were to buy in rural Spain, then I would ask my lawyer to obtain an Affidavit from the developer saying that the land was “legal” .

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