Spanish property corruption scandal coming to an end as Marbella set to adopt new plan

Problems began in the area when Marbella Mayor Jesus Gil effectively ignored planning regulations and made it standard practice to grant building licences for projects on land not designated for development and this became so widespread that by the time the corruption was exposed in 2006 some 18,000 properties had been illegally built. Many now face demolition although most will be declared legal under the new plan.
 
The Spanish press has reported that the new Marbella plan has now been approved by the regional government. The details of the plan have not yet been published and until the necessary publication in bulletins and newspapers it will not be finally confirmed. It is likely that this process will take another month.
 
However, this will mean that the saga of the Marbella planning scandal will finally come to an end and all those with illegally issued building licences, who have been anxiously waiting to hear whether or not their properties have been legalized, will be shortly out of their misery, according to Louise Reynolds of Property Venture who works alongside specialists IFG.
 
It is expected that around 16,500 properties will now be legalised retrospectively under the new plan as the offending developers have paid fines or handed over land to the Town Hall. Around 1,100 properties are either finished but not occupied or construction was halted before completion and the Junta is insisting on demolition.
 
Also under threat are 297 occupied apartments in the Banana Beach complex, plus occupied properties in Golf Rio Real and La Libora, as they also contravene the 1988 Ley de Costas (Coastal Law) which prohibits construction within 100 metres of the high water mark. In effect, these projects stole the beach from the general public and made it private, with gardens and pools, and often making public access to the beach in front of the development very difficult.
 
However, Banana Beach residents have complained that other developments built less that 100 metres from the water have been included in the new plan and they are demanding that they are treated the same.  
 
‘Until the final plan is fully published we cannot say exactly how individual properties will be affected as there will have been some amendments since the last published draft,’ said Reynolds.
 
Also unknown is how the payment of compensation will be levied. The Marbella Town Hall had said that only property developers would be expected to pay and that third parties who had bought properties in good faith would be exempt. The regional government however, is reported as having stated that such discrimination would not be legal and all owners of the offending properties would have to pay.  
 
Anyone who is worried about the status of their own property in Marbella can contact Property Venture who work alongside specialists IFG, who can carry out specialist searches once the plan is fully published at a special fee if you mention having seen this article,’ added Reynolds.