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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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.

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.