More than 48,000 owners will now be able to sleep well at night after majoress Ángeles Muñoz promised to include a new article in the new Master Urban Plan by which purchasers of good faith will be exempt of compensating for the regularisation of their illegal properties. In some cases some neighbours were liable for up to 12,000€.
Following up on our article (http://www NULL.lawbird NULL.com/articles/view/25)of 2nd of October 2007 Marbella’s Town Hall will be provisionally approving the new Master Urban Plan (P.G.O.U.). Marbella’s majoress has declared in a press release that it is a triumph of all to make developers compensate the Town Hall for the irregularities. As per our prior article, the risk there was before was that if a developer was unwilling to pay this compensation it would be up to the new owner, the innocent third party of good faith, who would have the onus of compensating the Town Hall to regularise thier newly purchased home. This will no longer be the case after the inclusion of said article which forces developers to compensate in all cases. The developers will be given a year’s deadline to comply voluntarily after which the Town Hall’s legal representatives will be able to execute the compensations due at developer’s expense.
The new amended Master Urban Plan includes 6,000 of the 8,500 public appeals that were brought forth. That is 70% of them were accepted including appeals made by more than 350 Community of Owners.
The areas which will now become regularised at the developer’s expense will be: 1,008 dwellings in San Pedro de Alcántara; 3,351 dwellings in Nueva Andalucía; 1,708 in Nagüeles; 1,999 in Marbella; 533 in Río Real and 406 in La Víbora. This regularisation process will involve the developers both granting plots of land of their own as well as purchasing them only to hand them over to the Town Hall so as to restore Marbella’s public areas devised for general use such as future schools or green zones.
The goal of Marbella’s New Master Urban Plan is to create a reliable legal framework that restores confidence back into the real estate market. This will benefit both prospective purchasers and developers.
Notwithstanding there are still 500 inhabited dwellings on which a general consensus must still be attained. Concretely the majoress referred to Banana Beach, Río Real and La Víbora. The remaining 1,500 uninhabited illegal dwellings could find a public use in the future such as Elder Foster Care.
The new amended P.G.O.U. still needs to go again under a second period of public scrutiny should anyone be interested in making additional appeals. Once the Junta de Andalucía gives its final approval the Master Urban Plan will be definitely approved. It is foreseen Marbella will have its new Master Urban Plan approved for spring of 2009.