Marbella has a complex urban planning history, and many properties — especially villas, rural homes, or older developments — may:
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Lack proper building licenses
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Sit on non-developable land
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Have illegal extensions or pool structures
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Face restrictions on future renovation
✅ That’s why urban planning checks are a key part of legal due diligence for foreign buyers.
🏛️ What Is PGOU and Why It Matters
The PGOU (Plan General de Ordenación Urbana) is Marbella’s official zoning plan. It governs:
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What can be built and where
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Permitted uses (residential, tourist, commercial)
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Density, building height, and setbacks
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Protected green or coastal zones
💡 Marbella’s planning laws have gone through multiple revisions — some revoked or under court review — making legal clarity essential.
🔍 Key Planning Checks We Perform
| Check | What It Confirms |
|---|---|
| Urban vs. rustic classification | Whether the land is buildable or protected |
| Zoning & permitted use | Residential, commercial, tourist, or agricultural use |
| License history | If property was built or extended legally |
| Occupancy & habitability certificates | Needed for legal habitation |
| Coastal law compliance | Ensures property isn’t in protected maritime zone |
| Setbacks & boundaries | Distance to neighbors, roads, or coastlines |
| Future development restrictions | Avoid surprises like planned roads or developments |
⚠️ Common Problems in Marbella Properties
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Villas built without licenses during real estate booms
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Pools or terraces added illegally
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Rural homes on “suelo no urbanizable” (non-developable land)
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Lack of first occupation license (LFO)
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Discrepancies between cadastral records and actual use
We consult Marbella Urbanismo to verify status and obtain compliance reports.
📂 How We Access the Planning File
We handle the entire process:
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Request urban planning certificate from Marbella City Hall
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Compare deed vs. cadastre vs. actual property
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Review construction license & final inspection
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Consult PGOU maps and zoning portal
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Summarize legal status in clear English
🛠️ Can Irregularities Be Fixed?
Sometimes. We assist with:
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“Legalización” procedures for undocumented additions
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Applying for a LFO or second occupation certificate
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Negotiating seller repairs or price reductions
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Cancelling or renegotiating the contract before the notary
✅ If a property is too risky, we recommend walking away before paying the 10% arras deposit.
💼 Why Foreign Buyers Must Not Skip This
Skipping planning checks may lead to:
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Inability to register your deed
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Difficulty insuring or reselling the home
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Fines or demolition orders
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Ineligibility for residency or rental licenses
🧑⚖️ How Borderless Lawyers Protects You
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Full PGOU compliance review
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Liaison with Marbella Urban Planning Department
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English summary of risks and red flags
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Legalization or cancellation support
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Guidance on safe renovation planning
📞 Need an Urban Planning Check for Your Marbella Property?
Before signing anything, get a full legal review of zoning and planning issues. We’ll make sure your dream home isn’t hiding legal nightmares.