How to Renovate My Property in Marbella if it is in an Irregular Building

Have you purchased a property in Marbella in a building that is in an irregular situation, and now, when you were about to start the renovation you had planned, have you discovered that you cannot carry out any type of construction? On the other hand, if you have not yet completed the purchase of your house, and that property is in an irregular or out-of-order building, I recommend that you read the following article and find out the steps to take to carry out the renovation legally and with guarantees.

Until a few weeks ago, owners of properties in Marbella located in irregular buildings were surprised when they tried to obtain a license to carry out any type of renovation, even a simple bathroom or kitchen renovation, and the City Council denied them. This was because, to carry out any improvement or maintenance work in these irregular buildings, it was necessary to previously process an AFO (Assimilated Out-of-Order Situation) for the entire building. This was not a problem for individual houses, but it was problematic when it came to a building with multiple apartments. In such cases, the AFO had to be processed for the entire building, which made it practically unfeasible since gathering the required documentation and processing the necessary certificates required reaching an agreement with the entire community of owners.

However, thanks to the new Andalusian law, LISTA, the Marbella City Council announced the processing of Instruction 02/2023 issued by the General Directorate of Urban Planning and Housing. This instruction addresses the processing of total or individualized recognition of the assimilated out-of-order situation for certain properties. This instruction is relevant for those irregular buildings that have already been completed and cannot be legalized due to the time elapsed since their construction, by urban planning legislation. It is important to note that this instruction does not imply a regularization process for the properties, but it opens the door for owners to carry out improvement and maintenance work that was previously prohibited.

Instruction 02/2023 is based on Law 7/2021 for the Promotion of Territorial Sustainability in Andalusia (LISTA) and its Regulation (RGLISTA), which establish that irregular buildings on any type of land, whose deadline for adopting measures to protect territorial and urban legality has expired, are considered to be in an assimilated out-of-order situation (AFO).

To process the recognition of the assimilated out-of-order situation, a series of information and documentation required by Instruction 02/2023 must be included and submitted along with the recognition request. The City Council will have a maximum period of 6 months to resolve the request, counted from the date of registration.

Once the assimilated out-of-order situation is recognized, owners will be able to carry out certain maintenance and conservation actions on the building. Still, they will not be able to make modifications or expansions that involve an increase in the built area.

Before purchasing a property in Marbella, potential buyers need to inquire about the urban situation of the property. Whether you are about to buy a property in Marbella or have already completed the purchase and want to carry out a partial or complete renovation, we advise you to book a free and non-binding call with our team. We will address all the doubts you may have and offer you solutions according to your case. Don't risk your savings, book a call now!