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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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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The result of count how many illegal property Marbella has is finish now. The list from the Marbella planning office is now closed at 38,194 constructions outside the PGOU Urban plan guildelines approved in 1986, 24,488 of them are homes. The numbers have been published Monday by La Opinión de Málaga.

90 percent of the official list or 24,488 of the irregular buildings are homes (apartments, townhouses and villas). The full extent of the illegal building problem in Marbella has been revealed with an official count of the irregularities coming in at nearly 39,000 buildings. People have bourt a property Marbella in god faith, but now is it illegal.  

On the list are homes, hotels, schools, petrol stations, golf courses and even a chapel and heliport. Marbella Town Hall has to speed up with get the “illegal” homes there license.