It didn’t start any new developments to build in Marbella and Elvira area last year. Over the last 5-6 year has it been build over 100 new urbanizations of property Marbella or 6.000 – 7.000 Marbella apartments and about 1.000 Elviria apartments. The massive production of properties was going right in the wall in the end. At the same time came the finance crises in the world so the market more or less died over a week. No one could sale a property Marbella, the banks didn’t give any mortgage and many urbanizations lost there first occupation licenses because of the Malaya scandal. Only the clients with cash money and who didn’t care about licenses was the buyer of property Marbella apartments.

Now in the year 2010 is the market slowly on the way back. In February are Marbella Town Hall coming with the new PGOU plan for Marbella and at the same time give all the so call illegal building back there first occupation licenses for property Marbella apartments and villas. Signals from the banks said that they are ready to give mortgage again, to buyers for property in Marbella. We have also in our company Sundream Estate got more phone calls, e-mail and other enquiry of property Marbella apartments. We have just got in 2 lovely apartments next to Santa Maria golf course, build for 4 year ago. They are on 86 m2 plus terrace, 2 bedrooms and 2 bathrooms, a lovely living room with dinning area and a fully equipped American kitchen. Both have garage and store room. The community has 2 nice pool areas. The price stated from 225.000 euros. This is a very good investment for rental or to have a holiday home in Marbella.  

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A court in Marbella has told the four British purchasers of a property Marbella seen as illegal by the Junta de Andalusia that they cannot have their deposit returned and they must go ahead with completing the purchase. The purchasers must now pay all the court costs as part of the ruling, but do have the right of appeal to the provincial court.

They had claimed their deposit back after a delay in the handover over a challenge to the building license. Court orders the British buyers to complete purchase of irregular Marbella property.

The buyers have paid over more than 103,000 € as a deposit on the apartments on the urbanization Santa María Green Hills, in Elviria Marbella, signing the contract with Marbella Vista Golf S.L. in November 2004. The Spanish new paper Diario Sur reports that the apartments should have been handed over before 1st January 2006, but, owing to the regional government’s challenging the building license they considered to be illegal, neither the property nor the gardens and promised golf course were completed by that date.

The would-be buyers then claimed their money back through the courts, with the company placing its own counter-claim as part of the same proceeding. First Instance Court No. 5 in Marbella has now found in favor of the developer, ruling that the fact that the property was not completed on time is not the company’s fault. The court also said that any irregularities in the license granted by the Town Hall cannot be attributed to the developer.

There was a similar case affecting the same urbanization two years ago, when other British buyers had their claim for their stage payments to be returned turned down by a court. Sur however reports another case a year later, when the provincial court ruled on appeal in favor of the buyers, ordering the developer to return their payments.

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Over the last two year with the economic crisis in the world and our three criminal cases in Marbella under the names “Ballena Blanca”, “Malaya” and “Hidalgo” have the prices for property Marbella and apartments got down. I have write about many of the problem we have in Marbella. The problem is so many for a seller; first if he get a buyer, then hope that not the buyer’s lawyer say to his client – I think the apartments don’t has the building license or that the prices maybe is going done little more and in the end try to find a banks who want to give a mortgage, the Spanish banks don’t have any money more. The English news paper do also a lot by writing that the prices has going down 40 – 50 -60% in Spain, where??? Where do we asking the client. A property in Marbella has maybe got down 10 – 15 % over the last two years. The most of the sellers say – then do we not sell now and wait some year and see how the market are then. Marbella apartments or villas are a good investment over some year. Now can we se some light in the tunnel, Marbella Town hall have more or less sorting out all illegal licenses problem, the banks are slowly starting to get new mortgage and the buyer have understand that the prices is not going down any more. Here is some of the article I have write about the problems in Marbella.

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 Now have the figures of the corruption in Marbella Malaya scandal when the former Mayor’s Julián Muñoz, Marisol Yagüe, her deputy Isabel García Marcos and the big boss in the Malaya José Antonio Roca, who was town planning advisor plus 100 more people in Marbella community, Marbella police, councilors and business people. The money thought to have been laundered during the infamous ‘Malaya’ case in Marbella has been calculated at around 670 million euros.

Most of this involves payments received in exchange for ‘favors’ relating to building development in the city, say police. They have given quicker buildings licenses for apartments, villas and other properties. They sold community plots illegal and gave license for building on them. It is said to have been laundered by up to 26 people who worked according to the orders of the alleged ringleader, former town planning assessor for Marbella Juan Antonio Roca.

The suspects are spread across Spain and include six lawyers from a firm in Madrid. In addition to property development corruption on the Costa del Sol – and particularly in and around Marbella – the ‘Malaya’ case is believed to have involved homes built in Los Alcázares (Murcia).

Marbella Mayor, Angeles Muñoz has strong been criticized by The Junta de Andalucia for legalize all the occupied illegally build properties in Marbella as “judicially impossible”. She can’t change black to white. A big backlash for the new Marbella Town Halls GGOU plans. The regional councillor or housing, Juan Espadas, called for a rigorous PGOU Urban Plan for Marbella town that would also convince the courts, adding that it was with the courts where the decision would be taken.

Its over 18.000 illegal Marbella apartments or Marbella villas that Marbella Town Hall want to legally in the new PGOU Urban Plan by just legalize them. Some think is right and some wrong, everything goes back to the Gil era when they sold illegal land and buildings licenses and  now has the new Marbella Mayor huge problem to get it right on the papers, because the banks don’t give any mortgage to buyer when someone want to sell their home.

The problem is politic, The Junta Andalucia is running by PSOE and Marbella is running by PP, so they don’t work together and the latest thing is this when the regional councillor or housing, Juan Espadas, said that proposing the general legalization was a serious mistake. ‘We have always said that it’s not a case of simply change the illegal to make it legal, but a task of defining a coherent and reasonable model’, he said.

Owners of property in Marbella can starting relax now. Marbella Town Halls mayor, Ángeles Muñoz, did have a press conference this week and she made it clear her intention to legalize most of the illegally built property in the municipality, including that constructed during the years of the GIL administration.

Totally, she said that is estimated 18,000 buildings constructed under GIL era and after with his illegal licenses, which did not meet the requirements of the 1986 Urban Plan, would now be legalized, and that includes some of the most controversial examples such as Banana Beach with 300 residents, and the constructions at La Vibora and Río Real with 30 residents each one. There are so many people who have purchased apartments, townhouses and villas who were illegal whiteout know that. Despite their being technical and judicial reports issued against the legality of these buildings, they are now included in the ‘normalizations process’.

Marbella Town Halls new PGOU urban plan leaves only some 1,000 illegal structures and most of those are not completed, and hence unoccupied. What is going to happen with then is not clear jet. But the Mayor, Ángeles Muñoz, says she will protect those who purchased any apartments or villas in Marbella in good faith and have been swindled by builders and lawyers.

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When are this stupid Town Hall going to stop all the “actions” against companies, urbanizations and private owners of propery in Marbella for illegal buildings and constructions and all the other thing who was happen under the Gil era.  Now has The Town Hall suspended the action against the Greenlife Golf Club, which was built illegally 16 years ago on municipal land, whilst they study the consequences of a forced closure.

Representatives of the business owner Maximo Filippa, who is implicated in the “Malaya” scandal, said that the closure of the facility would mean the loss of more than 30 jobs and affect the local economy. The closure notice was issued in March, as in 1986 the land was classified as destined for cultural or religious use, but in 1993, during the Gil era, Filippa built the golf course. What is done is done, the Town Hall should concentrations there power to quick sort out the situations with the illegal urbanizations apartments Marbella and villas in Marbella instead and do the legal again.

It so many British and other foreigner who has a property on Costa del Sol and especially in Marbella. Many are afraid because of the huge debate, if there property is illegal or legal and if they are going to demolition or not? Marbella Town Hall is trying to sort out this problem and I think they are going to fix it and not razed any properties in Marbella. So, if you have Marbella apartments or Marbella villas, don’t be worry. I found this very good article in Timesonline, about the problem and who the Town Hall see on it.

News that thousands of homes owned by Britons on the Costa del Sol will not be demolished, despite being declared illegal, should help to stimulate the moribund property market in Spain.

Steep price falls and bumper discounts on some new-build homes, as well as the gradual strengthening of sterling, are also increasing the country’s attractiveness to cash-rich British investors.

Foreign exchange companies have noticed a significant upturn. Currencies Direct, for example, says that the number of its UK-based clients buying euros to purchase European homes has risen sharply over the past few weeks, with a 20 per cent increase in the number of its clients exchanging more than £200,000 into euros.

The Junta de Andalusia, the regional government, is due to make a final decision on the “illegal” homes later this year but is expected to announce that it will not knock down the majority of the estimated 18,000 properties without proper building licences in Marbella and other parts of the Costa del Sol. These flats or villas were built with bogus licences after corrupt council officials and councillors took bribes from some developers to by-pass planning laws.

Since the previous Marbella city council was dissolved after a widespread corruption scandal in 2006, planners have sought a solution that enforces the law but does not deter future homebuyers. Hence, after nearly three years of uncertainty, British homeowners who feared that their properties could be demolished are set to be given a reprieve.

The Junta de Andalusia does not plan to punish owners who bought in good faith. Of the 18,000 “illegal” properties, most will be declared legal and left standing. About 400 flats in Marbella, which were built on designated green areas or in an area near the sea where building is forbidden, are the only properties whose fate has not been decided. The developers responsible for obtaining licences by illegal means will, however, are punished.

In the Urban Plan (PGOU), which is likely to come into force early next year, the regional authorities in Andalusia — and particularly Marbella, where many Britons have homes — are to force the offending developers to hand over other plots of land that they own for use for public projects such as parks or sports centers. The Urban Plan has been provisionally approved but needs final approval.

A spokesman for Marbella city council says: “What does not make any sense is that those who bought the properties in good faith and were not advised by the authorities of the illegality of their properties should pay compensation.”

The Junta de Andalusia claims that many developers are willing to pay compensation in the form of a land swap because most still have substantial business interests on the Costa del Sol. But some industry experts doubt whether developers will be capable of handing over large plots of land because many are finding it hard to stay in business.

Now it start, in the beginning of April did the first illegal development to be demolished in Marbella, a bloqe of 34 properties in Las Chapas in Rio Real east of Marbella, was finally reduced to a pile of rubble at the end of last week. Machinery has still not made a start, however, on pulling down the second development that has been issued with a demolition order by the Town Hall. All eyes are now on the six houses built without a license by Prosavi on a green zone in Linda Vista Alta in San Pedro.

According to municipal sources it appears that the developers have sent several letters to the authority in an attempt to put off the demolition. The Town Hall has now delivered an ultimatum: the developers have until the end of May to start the work or the Planning Department will do it for them, and send them the bill afterwards.

From the beginning it was totally around 36.000 illegal apartments and villas who didn’t have correct building licenses, after 2 year has the Town Hall new coming down to 500 illegal properties, who maybe note going to get the licenses in the end. If you are a owner of a property and you have moved in, can you sleep well, the Town Hall is not take down any building where people are living in.