Here at Welex, your town planning solicitor in Marbella is pleased to write a few lines on the importance of town planning in Spain.
In Spain, when we talk about cities and their layout, we must talk about urban planning, as behind every street, every neighbourhood, every residential area or green space, there is a plan that determines how the land should be developed.
Town planning is closely linked to building permits, the declaration of new-build properties and the documentation required to correctly register a property in the Land Registry. You can find further information in our article on the documentation required to draw up a deed for a new-build property in Spain.
What is urban planning?
We can define urban planning in Spain as a set of regulations, instruments and technical documents that govern land use and organise the growth of a municipality. Its main objective is to address key issues relating to land use, such as:
- Where building is permitted.
- What type of building may be constructed.
- Which land should be set aside for green spaces or public facilities.
- Which areas should be protected.
- Etc.
Land classifications in Spain
To this end, the territory is essentially divided into three types of land use in Spain.
a) Urban land
This is land that is already developed, and therefore has basic infrastructure for water, electricity and sanitation. This type of land is suitable for building on.
b) Developable land
This land is not currently urban but is earmarked for future urbanisation to accommodate urban growth. These are areas designated for a city’s expansion, subject to a development plan.
c) Non-developable or rural land
This land cannot be converted into urban land and therefore cannot be freely developed or built on. It is protected for environmental, landscape, agricultural or cultural reasons.
Before buying a property or a plot of land, it is advisable to carry out a comprehensive town planning review to check that the property complies with all applicable regulations. You can find more information in our article: Do you need a solicitor to buy a property in Spain?
Urban planning instruments
Urban planning instruments are the documents that organise, regulate and specify how the territory is to be developed. The main ones are:
a) PGOU (General Urban Development Plan)
This is the main municipal planning document. It defines land classification, sets out permitted uses and outlines the city’s long-term growth model.
b) Development planning
The purpose of these plans is to implement the provisions set out in the PGOU through partial plans, special plans or detailed studies, amongst others.
c) Urban management instruments
These enable the implementation of the planning provisions outlined above through processes such as urban development and land reallocation, etc.
Marbella: a special case in Spanish town planning
If you are considering buying property on the Costa del Sol, you should bear in mind that Marbella is a special case, as few Spanish cities have an urban planning situation as complex as that of Marbella.
This is because Marbella experienced significant economic and demographic growth driven by tourism and property investment, growth which was accompanied by numerous urban planning problems. Furthermore, between 1991 and 2002, numerous illegal planning permissions were granted, resulting in the construction of thousands of homes in breach of the law.
The annulment of the 2010 General Urban Development Plan
In 2010, a new General Urban Development Plan was approved in Marbella to resolve the municipality’s complex urban planning situation and adapt the urban development model following years of unregulated growth.
However, this plan was annulled by the courts due to legal irregularities in its processing, which marked a significant turning point for the municipality as it led to a return to the 1986 plan.
The problem is that the 1986 plan is very outdated and does not reflect the urban reality that has developed over decades.
As a result, a situation of uncertainty has persisted for years for both property owners and developers regarding what could be built and under what conditions.
The current town planning situation in Marbella
Marbella is currently in the process of updating its town planning regulations, with the aim of bringing them into line with new legislation and providing greater legal certainty.
The importance of specialist legal advice
For all these reasons, seeking advice from a solicitor specialising in town planning law is essential to ensure legal certainty and the legality of the property you are purchasing.
When purchasing a new-build property or one under construction, in addition to analysing the town planning regulations, it is advisable to review the buyer’s legal guarantees and all the developer’s documentation before signing any contract. You can read more here.
Contact Welex
Contact Welex now! Your specialist in town planning law, not only in Marbella and on the Costa del Sol, but throughout the rest of Spain as well.
Ana Sánchez, lawyer at Welex, wrote this blog. She specialises in real estate law and urban planning matters in Spain.
