Marbella Town Hall Plan 2025/2026
Constructions in practically every country in the world are subject to the town hall planning regulations, that define where and what can be built.
In Marbella, the last valid town hall plan was established in 1986 and is now almost 40 years old and no longer fit for use.
After 1986 there were attempts to establish a number of new town hall plans without respecting overall legal planning restrictions, extending the areas that could be built in and giving out building licenses in these new areas; however, in 2015 the Supreme Court of Spain ruled these new town halls plans to be invalid.
This left a large number of properties, an estimated 18’000 in all, to be in a state of limbo. Whilst on the one side, they were constructed, on the face of it, in good faith having received planning permission,they were no longer legal, given that the town hall’s planning laws were ruled as invalid.
Since then the Marbella town hall has been working on a new town hall plan to resolve this, the objective being to establish a town planning law that will not only be fully legal but designed to balance the future sustainable growth of Marbella by ensuring that there is sufficient land available for the growing requirements for commercial and residential properties, whilst at the same time ensuring that there is the necessary infrastructure to support this growth, so that we do not “kill the golden goose” by overdeveloping the area.
There are several levels of planning, each one subservient to the higher one:
LISTA: Ley de Impulso para la Sostenibilidad del Territorio en Andalucía
This is the general Andalucian law, which translated means “law for the sustainability of Andalucia” that governs new planning regulations for the entire of Andalucia and under which the new Marbella town hall plans will have to be assembled.
Plan de Ordenación Urbana (POU)
This is the main general urban planning general law for Marbella, that is in progress.
Plan General de Ordenación Municipal (PGOM)
This is the a detailed and more granular urban plan for construction in Marbella that is also in progress and depends on the POU being approved first.
These plans have been, frustratingly, many years in coming as they require coordination, planning and agreement between many different elements, often competing; however, it is finally hoped that by the end of 2025 or the beginning of 2026 Marbella will finally have new town hall plan that is importantly fully legal – unlike the previous “plans”.
This will allow Marbella to move on from its tumultuous past, hopefully legalising thousands of properties that were rendered illegal through no fault of their owners and providing security for future buyers. It will also hopefully provide a solution regarding any properties that still fall outside of the regulations.
However please be aware that there have been many set backs in this new plan, so 2025/2026 is not yet a date that can be set in stone.
One important consideration for those considering purchasing a property in Marbella is that this could well see an increase in property prices, especially for properties that are currently in limbo, if they then become legalised under the new town hall plans.
Note : Please not that the above is given as general guidance and I highly recommend taking legal advise from a lawyer specialising in conveyance before entering into any contractual agreement.
DO YOU HAVE A QUESTION?
Ricky Bache
Estate Agent
B.Sc Economics
(HEC Lausanne )
Asesor Credito Hipotecario
(UPV Valencia)
Tel : +34 609 50 22 44
ricky@marbellaconnect.com
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