For anyone considering a property purchase on the Costa del Sol, one of the less glamorous realities of the area has been the presence of abandoned construction sites and neglected buildings, eyesores that can affect both the character of a neighbourhood and, in some cases, the value of surrounding properties.
However, that’s now beginning to change. Marbella’s town hall has introduced a new regulation specifically designed to tackle this issue.
What Is the New Regulation?
The new framework, known as the RMSER, gives Marbella town hall significantly expanded powers to address properties and plots that have been left to deteriorate. It covers four broad categories:
- Undeveloped vacant plots: urban plots with basic services that have never been built upon
- Abandoned or suspended constructions: building projects that were started but halted, particularly where a licence has expired or been cancelled
- Deficient buildings: properties that fail to meet basic standards of habitability, safety, or hygiene
- Ruinous buildings: those classified as such under Andalusian law
The regulation gives the town hall real power, including the ability to carry out works itself (or appoint a third party to do so), force the sale of a non-compliant property, or even acquire it for municipal use if no buyer comes forward at public tender.
What Happens to Non-Compliant Owners?
Once a property is registered under the RMSER, the details are forwarded to the land registry, where a note is recorded against the title. Owners will then face a clear timeline to act.
For vacant plots where an owner has failed to build, they have one year from formal notice to begin construction. If they don’t, the town hall can step in and carry out the works, with the cost passed on to the owner. Persistent non-compliance can ultimately result in a forced sale.
For abandoned or unfinished construction, the regulation moves directly to the substitution phase, meaning the town hall or an authorised third party takes over the project without the same one-year grace period.
For buildings in a state of urban ruin, owners must choose within a year between full rehabilitation or demolition and new construction. Again, failure to comply triggers the substitution mechanism.
Why Does This Matter for Buyers?
If you’re considering purchasing property in Marbella, whether in Guadalmina, Nueva Andalucía, Estepona or Benahavís, this regulation is broadly positive news.
Abandoned sites and derelict buildings have a tangible impact on the areas around them. They affect kerb appeal, neighbourhood confidence, and in some instances, valuations. A regulatory framework that forces owners to either act or sell introduces movement into situations that have sometimes been stagnant for years.
It also means that plots or unfinished properties that have been stuck in limbo may begin to come to market, either through voluntary sale or the forced sale mechanism built into the new rules.
Due Diligence
As with any property purchase in Spain, thorough due diligence remains essential. If you’re considering a property in Marbella, it’s worth understanding whether any neighbouring plots or buildings are subject to RMSER registration – something a good local lawyer and an experienced estate agent should be able to help you investigate before you proceed.
Looking for Property on the Costa del Sol?
Winkworth has been helping buyers find their perfect home on the Costa del Sol for years. We know this coastline intimately – from the established elegance of Guadalmina and the golf valleys of Nueva Andalucía, to the growing appeal of Estepona and the hills above Benahavís.
We’re not a faceless portal. We’re a team of people who live and work here, who know which urbanisations are thriving, which streets catch the evening sun, and which properties represent genuine value. That local knowledge is what we bring to every search.
If you’re thinking about buying on the Costa del Sol, whether that’s this year or you’re still in the early stages of exploring, we’d love to hear from you. Take a look at our current listings, or simply drop us a message and tell us what you’re looking for.