The recent cancellation of the General Urban Plan of Marbella of 2010 by the Spanish Supreme Court (11/04/2015) has left about 16,500 homes that had been previously regularized through said plan, as considered illegal.
The sentence has created great confusion and legal uncertainty in thousands of national and expatriate owners who, having bought with all due caution and diligence required in the transaction of a property title, could become considered "liable" for those illegal constructions, contrary to the previous plan, which attributed responsibility to the developers, not to the owners; the owners whose use and enjoyment of their properties could be affected.
Also real estate agents (lawyers, owners and agencies) have shown their bewilderment and have pointed out the inappropriateness of the measure, which comes just when the industry is taking off, in one of Spain’s towns considered to have a high real estate attraction.
Alternatives to fight urban uncertainty and strengthen the market
According to Danni Worth, experienced broker, there are alternatives to alleviate this concern: "situations like this make it increasingly necessary to contract additional guarantees when considering the transaction of a title. A solution so far not widespread in Spain is contracting an insurance that provides a legal guarantee of the title, more commonly known as 'Title Insurance' in the Anglo-Saxon world."
"When signing a guarantee of the title -continues Worth, the owner acquires a number of protections to any of the contracted risks. This warranty provides him/her with legal protection, legal support, coverage of expenses of fines and penalties, cover of demolition costs, and even compensation for the loss of value of the property as a result of an administrative action."
This product therefore offers peace of mind to buyers and owners, and is an Added Value that can incorporate all real estate agents. A protection of great impact for the property market in Marbella.
More information about this guarantee by clicking here.
Danni Worth is a broker and co-founder of Op de Beeck & Worth.
Centro Comercial Guadalmina IV, Loc.97-98. Guadalmina Alta
San Pedro de Alcántara – 29670 Marbella. T. 952 88 22 73.
The Op de Beeck & Worth insurance broking business was born out of the merger of two well established and respected insurance professionals in Marbella, and can trace its roots in Marbella back to 1970, making it one the most consolidated businesses in the area.