Everything you wanted to know about the PGOU and never dared to ask … Or not less important, that you should know before investing in a property on the Costa del Sol. It is an ironic paradox that being at the heart of the Costa del Sol, Marbella, and it being a touristic destination and/or second residence of so many visitors that have been conquered by our environment and climate, we are still today without a new PGOU plan.
After several unsuccessful attempts and as a result of the lack of agreement between parties, we have seen how the latest attempt to review and approve it has recently been annulled following the annulment by judicial decision of the 2010 PGOU. This has forced us to continue with the Plan of Ordination of 86 in its majority. Before developing the article we should summarize what it means and what the PGOU serves so we will start by explaining that the PGOU is the General Urban Plan, the tool and instrument of the General Planning defined in the urban planning norm of Spain. It is, for this reason, the basic instrument of integral management of the territory of one or more municipalities through which the soil is classified, the regime applicable to each class of the same is determined and the fundamental elements of the equipment system of the municipality in question are defined.
All new construction must comply with the parameters and standards established in the PGOU governing the municipality where it is located or want to build, housing or building, whether for private, commercial or public use. Likewise, the reforms in the constructions already established should be made to the criterion and set of regulations in order to be viable.
In summary, we have to understand that a blockage has been generated that has paralyzed the new construction in Marbella, activating as a consequence the purchase/sale of houses built in force of the Plan of 86, as they are the guarantors of urban legality and these are feasible some modifications and generate the tranquility of a normalization and legality covered by the General Plan where they are registered and were registered. All the houses that are not regularized or in the process of being registered in the PGOU are dangerously submitted to a “limbo”, because the uncertainty that they may not be registered expels them from the legal framework, becoming an investment failure with ruinous legal consequences. A house that does not meet the criteria and regulations will not be able to obtain the First Occupancy License, a required and fundamental procedure that is necessary to be able to reside in the dwelling.
Without this License, the services and supplies necessary to put the house in use such as water, electricity or gas will not be able to be hired or registered. It is, therefore, trying to activate the affiliation of procedures to be resolved as of September of 2018. During 2018 about 2,000 files that were blocked by the cancellation in November 2015 of the General Plan for Urban Planning 2010. The delegations of Urbanism and Industry are preparing a report that allows granting provisional opening licenses (in relation to shops) in different cases.
It is for all the commented above that it is indispensable to entrust the processing of purchase, reform or construction of a home or business premises to professionals with demonstrated professional solvency and experience for it.
In Ibermaison, a leading company in Spain, we are able to develop all kinds of architecture projects, design, and reforms, both comprehensive and partial to build both residential homes as business and contract projects. In 2018, the number of licenses for the opening of tourist and commercial establishments has increased by 60% compared to the previous year. We have high hopes this will improve even more this year.
Shall we start?