Upward and onwards Marbella

For good news, the new PGOU Urban Plan for Marbella was approved on Friday the 29th of January 2010 by COTUA, the Andalucía Territorial Planning Commission. A vast majority of the properties that had previously been left out of the local town plan have not been fully legalised and many owners after years of stress and worry can now breath a sigh of relieve. Congratulations to the owners of the staggering 18,000 properties that have been affected by this whole mess.

Unfortunately there are still a minority of owners who are still in limbo due to the special situation of their property. There are still several hundred dwellings which remain outside the urban plan. These are properties that were built on land designated for other uses such as public coastal land, green zones, etc…. These properties still need to go through the courts for a final outcome. Included here are the 297 homes in Banana Beach, 50 properties in Golf Rio Real, 30 properties in Torrevigía and several more. Their future will be decided by the courts and in the worst case scenario will be demolished. It was hoped that these were to be added to the Marbella’s Urban Plan but has not been the case.

For the properties still outside the urban plan there is still hope though as, in theory at least, the courts are meant to consider the interests of all involved, which will include those who occupy the properties.

There are also several groups of residents that will more than likely appeal against the current  PGOU Urban Plan. I personally don’t think they will be successful as a majority of interested parties have been waiting a long time for this and will want to get on with their lives.

If your property is still affected, it will be down to the courts whether the property  is demolished, if there is any compensation, who is responsible for the payment of  compensation or better yet, a legal way to keep the owner-occupied properties standing.

Andrew Bellés

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