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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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.

One of the few and last famous people we have left in Marbella are the Town Hall now hunting out of the community. Antonio Banderas, one of Spain’s most famous film actor and singer,  who is a property owner in Los Monteros, Marbella, will have to pay a price for appearing as legal on the town’s new urban development plan (PGOU). The actor will have to give up the part of his garden that lies south of the swimming pool, a loss of a total of 1,243 square meters which also include a narrow strip adjoining the Siete Revueltas stream, because in the new PGOU plan reserves a strip to the south of the actor’s property for public parks and gardens.

The text of the new PGOU establishes that the plot houses a detached property built with a license granted against the valid planning regulations at the time. However his beautiful beach villa, La Gaviota, will be allowed to remain standing in exchange (community robbery) for part of the garden which will permit public access to the beach. Do you really think he or any wealthy people is going to stay in this stupid community, who one year give you building license and then a couple year later tell you it is illegal and want you to pay a penalty for that….

The legal situation of the property has already been through the courts. In April 2003 the Andalusian High Court (TSJA) ordered the demolition of part of the villa after the building license granted by Marbella Town Hall in 1995, when Jesús Gil y Gil was mayor, was annulled. Banderas, who acquired the property a coupe of years after the license had been awarded, appealed against the sentence but this was rejected in January 2008.

The Marbella Town Hall then applied to postpone this demolition order until the new PGOU has been finally approved, just as it has done with other cases in which the properties are likely to be legal once the new regulations come into force. Meanwhile the community of property owners on the Los Monteros estate has already announced that it would report a case of influence peddling if La Gaviota was finally allowed to remain standing.

Bandera’s neighbors plan to continue with this action, according to their legal representatives, as they consider that the compensation proposed by the PGOU only involves giving up part of the garden but not handing over an area of land equal to the size of the plot occupied by the house.

The ‘La Gaviota’ conflict gained another angle some six months ago. The criminal action against former mayor Julián Muñoz and other ex-GIL councilors for granting the license for the construction of the villa was shelved in December 2008 by a local judge. This problem is the same for many owners of Marbella apartments and Marbella villas in Marbella area.

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