Apr 262013

Sentences of the Hight Tribunal of Andalucia about the PGOU of Marbella

Last May of 2010 there took place the definitive approval of the General Plan of Marbella. One of his aspects that more he debates was provoked by it was undoubtedly the normalization of housings, which basically consists of the forecast of soils dotacionales to compensate excesses edificatorios respect of the General Plan of 1986. The normalization appears in addition give the General Plan of Marbella, not as a mere legalization of a certain number of real-estate promotions, but as a basic question that the new model of city affects and that in addition fits with the same one due to the important increase foreseen for public soils. Likewise, inside this exposition, which furthermore he debates it provoked it was the fact that the cost of compensation of the soils dotacionales.

Well then, inside more than four hundred judicial procedures contesting the General Plan of Marbella, already there has been more than one dozen of judgments of the TSJ of Andalusia they declaring on the normalization of housings and establishing that the normalization adjusts to the urban development legislation and to the existing jurisprudence on the urban development planning in Spain. Likewise, though one does not declare directly on if they have to or not to be the owners of housings those who confront the cost of the normalization, provided that it is a question that corresponds to the execution of the planning, if that has established that in any case and in conformity with the beginning of royal subrogation, the new owners of the soil subrogan in the rights and urban development duties. That is to say, that in execution of planning, must be the owners of housings, named also ” third parties of good faith “, which confront the costs of the normalization.

Of all forms, there will be necessary to wait for a future pronouncement of the Supreme Court on this question, which surely does not take place before 2018, provided that his jurisprudence is clear enough with regard to that the planning cannot take the legalization as an object. The important thing, for the present time, is that the TSJ supports one of the most important questions of the General Plan of Marbella and has not created what would be a problem of extraordinary gravity for Marbella since would be the nullity of an important part of his general planning that, ultimately, is one of the basic props of the juridical existing safety in the city from the Government of the Managing Commission presided by the lawyer don Diego Martin Reyes and supported with extraordinary brilliancy for the current regidora Mrs. Angeles Muñoz Uriol.

Alejandro Javier Criado Sánchez. Doctor in Law and Lawyer

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