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€700,000 Invested in a House in Marbella That Can't Be Renovated Now

By Miguel S. Moreira
3 min
01E v2

Buying a house is one of the most important decisions that can be made in life, especially if it is a luxury property that involves a significant financial investment. However, that investment can turn into a nightmare if the property in question does not comply with urban planning regulations and is in an irregular situation.


This is the case of buyers of a luxury home in Marbella who, after paying over €700,000 for the purchase of their house through a well-known real estate agency, found that they could not obtain a license to renovate it because the property did not comply with the 3/2019 Decree-Law on irregular buildings. And we are not referring to a Major or Minor Works license, but to a simple Responsible Declaration, the most basic that can be requested today.

The 3/2019 Decree-Law establishes a transitional regime for the regularization of irregular buildings in Andalusia, through the obtaining of the "Assimilation Outside of Planning" (AFO). However, to obtain the AFO, it is necessary for the building to comply with a series of requirements and procedures established by law.

In the case of this luxury home, the buyers discovered that the property did not meet the necessary requirements to obtain the AFO and, therefore, could not obtain a license to carry out the renovations they wanted to make in the house. Despite having paid a large amount of money for the property, they found themselves in a situation of uncertainty and unable to carry out the improvements they had planned.

Furthermore, this case is really complicated because it is a semi-detached house, which means that the property shares a structural body with the adjoining ones. This means that the regularization of the square meters not declared years ago must be done together with the rest of the neighbours, assuming that among all the houses they did not exceed the occupation or building allowed for that plot. If those square meters are exceeded, who will demolish those meters from their own house for the benefit of the rest?

The situation of these buyers highlights the importance of conducting thorough research before acquiring a property, especially if it is a luxury home. It is essential to check if the property complies with urban planning regulations and if it is in a regular situation before signing any purchase agreement.

Additionally, this case also emphasizes the importance of complying with urban planning regulations and obtaining the necessary licenses before making any type of renovation or improvement on a property. Not doing so can lead to situations like the one these buyers are experiencing, where the investment made in the property does not translate into the possibility of fully enjoying it.

In short, buying a home is a significant investment that requires careful research and planning to avoid situations like the one these buyers are facing. It is essential to ensure that the property complies with all regulations and requirements before closing the deal and, once acquired, obtaining the necessary licenses before making any renovations or improvements. This way, it is guaranteed that the investment made will translate into the possibility of fully enjoying the acquired property.

If you are looking for your next home and want to ensure that your investment is safe and compliant with all regulations, Valido Home is the ideal option for you. Our team of experts ensures that all properties comply with current regulations and laws, avoiding any long-term problems. Do not risk your money and peace of mind, trust Valido Home. Contact us now to buy the house of your dreams.

miguel s moreira

Miguel S. Moreira

Miguel is a trained architect and building engineer with a ample experience in the real estate sector. He is the co-founder of Valido Home and loves to inform about the risks involved in purchasing property in Spain.

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