Legal System for Irregular Builds under the General Plan of Marbella of 1986.15 March 2016
Press release and video brief on the appearance of Mr. Ignacio Pérez de Vargas in the seminar – adaptation of the PGOU of 1986 of Marbella to the LOUA, organized by DOM3 in collaboration with Pérez de Vargas Abogados and Estudio de Ingenieria CAI.
Singularity of Marbella´s urbanistic situation.
18.000 properties were built against the requirement specified in the general Plan of 1986 based on 1009 building licenses. Of these licenses, approximately 300 have been declared null, the other 700 still in force since they were not appealed in time or have not been revised ex officio.
1.- Meaning of the court ruling of the Supreme Court declaring the nullity of the General Plan of Marbella of 2010.
The declaration of nullity supposes the disappearance of the Plan of 2010 from the legal spectre, as if it had never existed.
Consequently, the PGOU of 1986 is now back in force once again, since it was published on November 28th, 2000 up to this date, therefore, and for legal purposes, it has been the General Master Plan in force for the last 30 years with the specific aspects we will comment on further on.
2.- General Legal system for builds in situation of “fuera de ordenación” or outside of the Plan.-
Concept of “fuera de ordenación”:
Those buildings and or equipment’s in this situation were built before the definite approval of the new planning with which they do not comply and, therefore, are called to disappear when their logical means of existence vanish.
Singularities of this situation of “fuera de ordenación” in Marbella:
Whilst the above is the general norm, the situation of irregular build is not permanent, with a clear purpose of disappearing in due course; it is transitory until the revision of the PGOU of 1986 is carried out in an estimated term of four years.
Limitations regarding reparation and conservation works (total incompatibility) or works for maintenance and/or to enhance habitability (partial incompatibility) make no sense, given that the purpose of the revision file of the PGOU of 1986 is for these builds to be legalized.
3.- Legal system applicable to builds against requirements in the current PGOU of 1986 in the Adaptation document of the LOUA. –
The Adaptation file may regulate the legal system applicable to builds that held license to build, that, though irregular with the current PGOU of 1986 cannot normalize or legalize them, since the planning does not permit modifications or alterations and as a result cannot introduce the irregular build even if they are supported by building licenses that deliver their effects since they have not been appealed in time.
For these builds to be normalized or legalized we shall have to look into the requirements established in the new revised Plan in an estimated period of 5-5 years.