[Anonymous]

We have bought land at Lake Vinuela nr. Malaga via a ‘fopdac’ agent but although the house was to have been finished in Aug. 05 it still hasn’t been started. This is apparently because the council has to pass the Plan Parcial for the area before work can commence. However, no-one seems to know when this will be – if ever?! Does anyone know what the Plan Parcial actually is? All we seem to get is vague replies and manana. We thought the land had all its licences before we went ahead.

[Anonymous]

Hi Christine.
A “plan parcial” determines the development of any area, what can be built, green areas, roads, provision for infrastructure etc.
If a plan parcial submitted by the owner or owners of an area [usually 70,000 m2 or larger] is approved by the local town hall, development can take place within the area, providing it falls within the criteria stated in the plan parcial.
An full architects project must then be submitted for each construction within the area to gain a building license.

A new laws were passed in Andalucia in 2003, severely restricting the development of rustic land [farm land], The Junta de Andalucia [County council] now closely monitor the local town halls.

It is “Premature” for a construction to be offered for sale when there is no plan Parcial for the area, and no building license for the house.
I suggest you contact an independent abogado [Spanish lawyer] for legal advice.
Everybody should always consult an independent abogado before parting with even a deposit for a property in Spain, or anywhere else for that matter.

Best regards
Steve Gilbert

[Author]

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