Malaga offers beautiful coastal and rural properties — but some of them aren’t legally built or may have hidden urban planning problems.
As a foreign buyer, you must check:
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Is the property fully legal?
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Is it zoned for residential use?
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Can you renovate or rent it out?
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Is it at risk of demolition, fines, or limits?
📌 Many issues only come to light after purchase — unless proper checks are done in advance.
🧾 What Is an Urban Planning Certificate?
The certificado urbanístico is an official document issued by the Malaga Town Hall (Ayuntamiento de Málaga) that confirms:
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Zoning classification
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Allowed uses (residential, rural, commercial)
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Whether the home was legally built
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If it’s affected by public planning (e.g. future roads or green zones)
✅ We obtain and review this certificate before any deposit is paid.
⚖️ What Zoning Categories Exist in Malaga?
| Zoning Type | Description | Risks |
|---|---|---|
| Suelo Urbano (Urban Land) | Fully legal and developed | ✅ Safe for buying |
| Suelo Urbanizable | Developable in future | May have delays or limits |
| Suelo No Urbanizable | Rural or protected land | ❌ Often illegal to build or expand |
| Zone with Planning Infringements | Built without permits or outside limits | Risk of fines, demolition |
🧱 Common Urban Planning Issues in Malaga
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Unlicensed Pools or Extensions
→ Not listed in registry or Catastro. May require legalization or removal. -
Rural Properties Without Habitation Permits
→ Not legally inhabitable. No mortgage or rental use allowed. -
Protected Coastal Zone (100m rule)
→ Risk of easements or limits on renovation. Check Ley de Costas. -
Tourist License Restrictions
→ Certain zones limit short-term rental activity. Ask before buying for Airbnb purposes.
🛑 What If the Property Isn’t Compliant?
Depending on the issue, we may:
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Request legalization via responsible declaration or permit
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Renegotiate price or add clauses to arras contract
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Reject the purchase entirely
📌 Buying without these checks can lead to:
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Fines from the Town Hall
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Inability to register the deed properly
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No access to water, electricity, or licenses
🔍 What Documents Do We Check?
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Urban Planning Certificate
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Building License (Licencia de Obra)
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First Occupancy Certificate (Cédula de Habitabilidad)
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Catastro map vs Land Registry record
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Tourist license history (if rental intended)
✅ All findings are included in your pre-purchase legal report.
🧑⚖️ Why Use Borderless Lawyers?
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Access to Malaga’s urban planning databases
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Coordination with architects if needed
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Clear legal advice on what’s possible — and what’s risky
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Prevent surprises before signing contracts
📞 Want to Buy a Legal, Safe Property in Malaga?
Let us handle the urban planning checks and zoning analysis — so you buy with total confidence and zero surprises.