Guide updated 19 October 2026 · By David Peralta Rojas, lawyer (Seville Bar no. 15174)
Marbella has approved its new General Plan. It is good news for legal certainty, but it does not legalise any home on its own and it is not yet in force. This guide explains, with the rules to hand, what changes, what stays the same and what to do if you own, buy or sell property in Marbella.
The essentials
The plan sets the overall framework. Each irregular home needs its own procedure: AFO recognition, a licence or a detailed plan.
It will be, the day after it is published in the Málaga provincial gazette together with its planning rules.
Its detailed rules (heights, buildable area, plot regulations) apply until the POU is approved.
Eleven groups of homes on rural land are placed, for now, under AFO status until their special plan or detailed planning is approved.
What changes for you depends on your plot, the licence the home was built with and when the works were finished.
Your case
These are the most common situations. Each has different consequences for building work, selling, letting and getting a mortgage.
A detail almost nobody explains: on urban land that does not yet have detailed planning, existing buildings «may be treated as assimilated to non-conforming status» (AFO) until that planning is approved (art. 2.2.1.3 of the rules). That is why it matters to check exactly which rules apply to your plot.
What to do now
Timeline
Who decides what
| What it decides | Status today | |
|---|---|---|
| PGOM (new General Plan) | The town model: which land is urban or rural, major infrastructure, protected areas, the regime for irregular areas. | Approved on 18/09/2026. In force the day after publication in the provincial gazette. |
| POU (Urban Plan) | Detail for urban land: heights, buildable area, uses and regulations for each plot. | In preparation. No initial approval. |
| 1986 General Plan | Today, everything. Once the PGOM is in force, only the detailed rules for urban land. | Its detailed rules keep applying until the POU is approved. |
| 2010 General Plan | Nothing. It was annulled by the Supreme Court in 2015. | No effect. The new plan provides no compensation scheme linked to it. |
Irregular areas
Article 4.6.1 of the planning rules identifies eleven groups of irregular buildings on rural land. Until their own plan is approved, they are placed under AFO status for now.
Planning check
We review the licence, the Cadastre, the Land Registry and the planning of your plot, and explain your options: apply for AFO, legalise, sell, buy or wait for the POU.
Prefer to talk? +34 955 314 558 · info@peraltarojas.com
Tell us the area, whether you own or are buying, and what worries you. We reply within 24 hours.
Documents
| Document | Issued by | What it is for |
|---|---|---|
| Land Registry extract (nota simple) | Land Registry | Owner, charges, registered building and marginal notes (for example, AFO). |
| Cadastral certificate | Cadastre | Recorded floor area and age. It must match what is built. |
| Building and first occupancy licences | Marbella town hall | Proof that what was built has a permit and matches the project. |
| Planning information certificate | Marbella town hall | Which plan and regulations apply to the plot. |
| AFO resolution | Marbella town hall | For an irregular, time-barred home: utilities, permitted works and Land Registry note. |
| Certificate of age | Architect or qualified surveyor | Proof of the date the works were finished. |
| Certificate of no planning breach | Marbella town hall | Whether any enforcement file is open. |
| Coastal boundary (deslinde) | Coastal authority (Costas) | For beachfront homes: whether public domain or easements apply. |
Myths and facts
“The PGOM legalises 18,000 homes.”
The town hall estimates some 18,000 homes were left irregular. The plan gives a framework, but each home needs its own procedure.
“The plan is already in force.”
It takes effect the day after publication in the Málaga provincial gazette, which has not happened as of this date.
“40% is reserved for social housing.”
The town hall cites 20% of buildable area for affordable housing in new developments.
“The 1986 plan no longer applies.”
Its detailed rules apply to urban land until the POU.
“AFO status legalises the house.”
AFO recognises that demolition is no longer possible, but it does not legalise (art. 174 LISTA). It limits works and use.
Frequently asked questions
Not on its own. The plan sets the general framework, and each home depends on its licence, the date the works were finished and the planning of its plot. For an irregular, time-barred home the route is AFO recognition; legalisation is only possible if the works fit the plan.
The day after the approval and planning rules are published in the Málaga provincial gazette (BOP). As of 19 October 2026 that publication has not happened. Until then the 1986 plan applies.
The PGOM sets the town model (urban or rural land, major infrastructure, protection). The POU sets the detail for each urban plot. Until the POU is approved, the detailed rules of the 1986 plan keep applying.
It applies to a finished building without a valid licence against which the authority can no longer act because time has run out. The town hall recognises it by resolution (6 months to decide; silence means refusal). It allows utility connections and upkeep or refurbishment works, but not extensions, and it is noted in the Land Registry.
No rule prevents its sale, and the buyer must be told. A mortgage depends on each bank and the valuation; lenders often ask for more documents or lend less.
If it was finished over 6 years ago and is not on protected or public land, you can apply for AFO. If it fits the plan, a legalisation licence may be possible. If it is recent, take advice before the authority acts.
The plan adds legal certainty, but each purchase is still decided home by home. With a planning check before exchange and a well-drafted conditional contract, you can buy with confidence.
It depends on what you want to build. Today buildable area and heights follow the 1986 plan, and the POU may change them. For a plot with a project, study the risk before committing.
It can be challenged before the High Court of Andalusia within two months of its publication. The 2010 plan was annulled partly because it tried to legalise through planning. The new plan had a full environmental assessment, a favourable regional report and no compensation scheme, but no plan is immune from appeals.
No. Holiday lets follow their own rules and, in buildings, the community of owners’ approval. An irregular planning position can still complicate the activity.
No. The PGOM covers the municipality of Marbella, including San Pedro Alcántara and Nueva Andalucía. Benahavís (home to La Zagaleta) and Estepona have their own plans.
The consultation is €150, VAT included. If you then instruct us on a full planning review or an application, we give you a fixed written quote before we start.
Official sources
This guide is general information updated 19 October 2026. It is not a substitute for advice on your case. Housing and land figures are those given by the town hall.
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