Like many property seekers looking to settle in the Marbella area, we looked at a lot of property. I mean a lot.
The ramshackle “country” property that the agent, who we’d not met previously, would confide in us, that it was partly illegally built; as though that was a positive quality. Apparently, the price was reduced to reflect this flaw. What a relief! The newly and expensively renovated adosado (town-house) that bore the too heavy hand of the seller’s taste. The bank repo that lacked a kitchen, all of the copper tubing, the windows and most of the doors. The near beach property, with all manner of major structural cracks that smelt of damp and begged to be knocked down.
Finally, the runes collided and my wife was tipped off by a builder friend to a sale that had just fallen through. It benefitted from a very motivated, aged seller of French origin, who was keen to leave the area to return to the lush green pastures of central France.
Over six weeks or so our purchase progressed with the astonishingly diligent and pro-active skills of my Abogado colleagues. After one abortive Notary visit, – At the Notary’s Office – caused by the seller’s lawyer simply failing to ensure that all papers were in order – he had one job! – , and shortly after mid-summer, we completed.
A nearly fifty year old solid property sited an Olympic shot putter’s “stone’s throw” from the beach in San Pedro de Alcantara, a town we’d known and loved for years. We’d watched it growing into the now famed Marbella’s “West End”.
Upon leaving following our first viewing, my comments weren’t entirely positive but my wife’s designer brain had already kicked in. She brimmed with excellent ideas, changes to the layout, the opening and closing of various accesses, the alteration of terrace doors and the kitchen window. Yes, I agreed, that I got her logic. When it comes to property renovation – or “reform” the often used anglicized version of the Spanish word “reforma” – my wisdom has been not to question my wife’s vision. She has been hugely successful many times in the past both in the UK and Spain in realizing a silk purse from a sow’s ear. And the rewards have been plenty.
Why consider the renovation of an older property?
1. Getting the property you want. Working with an Architect and using an existing building as a template means that you can explore all manner of configurations of how the property might look and how you may be able to improve on the overall aesthetic to deliver the dream home you have always planned to buy in Marbella.
2. If you buy a plot of land in the Marbella region that is either currently unbuilt or has an existing structure that you propose to demolish and rebuild this may be a salutary tale. The authority in the Marbella area who issues you with your relevant building permits is the Planning Department of the Town Hall in Marbella.
Since the pandemic, the Town Hall has been snowed under with a deluge of planning applications. In addition, the local authority has to ensure that all new planning applications in the municipality comply in all respects with the now creaking and antiquated 1986 PGOU “General Plan” – which is currently under review with a new Municipality-wide General Plan due within a year or so. The combination of these two elements means that currently if you purchased a plot today with the aim of building from scratch or demolishing an existing structure you would probably need to wait around twelve to eighteen months for your planning permission to be granted. I have seen it done in less time but over year is normal. In one location in a neighbouring street it has taken over five years with building now underway. For most people, keen to start enjoying their new property, such a delay is just not feasible.
3. Building licenses are required for renovations and these comprise “Works Licenses”. These are required to carry out structural changes to a property and were, historically, only issued by the local Town Hall. I have recently been made aware of a change in the law that would appear to permit an Architect (provided they hold recognized qualifications and are professionally insured) to now manage the process as though proxy for the Town Hall. This will mean that although the Town Hall will be receiving their usual fees for the work being undertaken there will be a significant reduction in the time spent getting approvals as the Architect will be obliged to make what is described as “Responsible Disclosure” of the pertinent changes to the property. This may well be a Godsend for those looking to buy and renovate an existing building to their taste.
4. As in the UK, the local equivalent to a Quantity Surveyor is a Technical Architect, who forms a vital piece of the renovation jigsaw. His/her role, is to prepare the Mediciones (broadly the Bill of Quantities) to establish the cost of the works to be undertaken and the quality and specification of the fixtures, fittings, tiles etc. to be used to deliver your preferred style. This results in the Budget.
5. The demolition phase of any renovation achieves two things. Firstly, it can very quickly change the blank canvass that was the former property to start to resemble the skeleton of the proposed new property. The second, and this is inescapable, is that it creates a lot of dust. Dust on the scale of the small dessert, the kind of dust that makes camel caravans pull over for the night.
6. The next vital ingredient is time. Time to allow the various trades to deliver on your plans for your new home. The services of a Project Manager – who could be your Technical Architect – cannot be overstated, they are responsible for getting the renovation delivered on time and on budget. You will then have the opportunity to explore all manner of furnishings to realize your goal for your renovated property.
I guess this may sound all too easy. Well perhaps the above is a little simplistic. You need to find the right property – no mean feat requiring a lot of local specialist knowledge in a market where the previously ample prospects are now a little more limited. You need a team of people who you can work with, based on trust that they can help you to achieve your goals, and above all, transparent honesty. Perhaps a conversation sharing our experience of the process may be of use?
Above all, however long and sometimes frustrating the journey may be, please remember that the aim is to provide you and your family with a renovated property that truly is the Marbella property you’ve always dreamed of.
Should you be interested in discussing the legal process involved in buying a property in the Marbella region, we would be delighted to assist you. Our multi-disciplinary team of bi-lingual, highly experienced and wholly independent Abogados and Asesores Fiscales are ready to help you.
Please call me, Mark FR Wilkins, during usual business hours on +34 600 343 917 or, if you prefer, or e-mail me at mark@roslegal.es
Please note that our posts are for general interest. There is no substitute for proper legal advice tailored to your specific circumstances as provided by a qualified Abogado who is experienced in the application of the Spanish Law.
Nothing contained in this article should be seen or taken as the writer or the publisher providing legal or financial advice.
© Mark FR Wilkins 2022. All rights reserved.