Goodbye to abandoned buildings and lots: Marbella will be able to force execution or sale

The Marbella City Council has a powerful tool to put an end to abandoned constructions, "deficient" buildings or those in ruins, and even undeveloped plots. ... It's called the Regulatory Ordinance of the Municipal Registry of Plots and Ruinous Buildings, and it came into effect a week ago, almost silently. However, the legal possibilities it grants to the Council go beyond merely creating a 'blacklist' of urban planning, to the point where it includes execution by substitution (by the Council or an authorized third party), compulsory alienation, and even the possibility of awarding the building to the Municipal Land Heritage (PMS) in case a call for bids for the sale of the plot or building is declared deserted.

In the Municipal Registry of Plots and Ruinous Buildings (RMSER), "undeveloped plots" can end up, meaning urban parcels equipped with "minimum services" that have not been built; "halted constructions," as the text refers to works "started but abandoned or suspended," especially after the expiration or annulment of the license; "deficient buildings," which are those properties "without conditions of habitability, safety, or health, or with unfulfilled execution orders"; and "ruinous buildings," according to the Law for the Promotion of Sustainability of the Territory of Andalusia (LISTA).

The duty to conserve and build

For the City Council, this is a "regulatory tool" to "solve problems of unhealthiness, insecurity, and lack of public decorum" caused by "the abandonment of undeveloped plots, unfinished or demolished buildings, or the damages to all citizens resulting from the destruction of the existing building heritage." Thus, the ordinance regulates the cases and consequences of non-compliance with the duty of conservation and building, as explained by the Council.

If the property is included in the new RMSER, it will be sent to the Property Registry, and will be reflected in a marginal note, and the forced sale will have "effects of real burden"

Once the declaration of non-compliance with the duties that lead to the registration and inclusion of the property in the RMSER is made, it will be sent to the Property Registry, and will be reflected in a marginal note that will expire after three years if not updated. And if what is registered is the forced sale, it will have "effects of real burden."

Effects for the owners

The legal text foresees different consequences depending on the case. If the owner of a property fails to fulfill the duty to build, they must start the works within a year from inclusion. If they do not, execution by substitution will be applied, which means that the City Council or an authorized third party assumes the action. The cost is passed on to the owner, and the file may lead to a forced sale of the property if non-compliance persists, although the deadline is suspended if they apply for a building license.

In the case of ruin, the owner must choose within a year between complete rehabilitation or demolition and the execution of a new construction, and if not complied, the principle of execution by substitution will be applied

In the case of an urban ruin —in addition to adopting urgent safety measures— the owner must choose within a year between complete rehabilitation or demolition and the execution of a new construction (if the property is not protected), and if not complied, the principle of execution by substitution will be applied.

For cases of unfinished works or non-compliance with execution orders, the ordinance provides for the automatic transition to the situation of execution by substitution, while in the case of constructions halted by judicial annulment of the license, within a year the owner must apply for a new license or demolish, and if not complied, it will be the City Council or a third party who does it. If there are justified reasons, safety, health, and decorum must be ensured.