Marbella has approved a new town plan (PGOM): what does it mean if you are buying?

On Friday 18 September 2026, Marbella's full council gave final approval to its new PGOM, the Plan General de Ordenación Municipal, or general town plan. It is the first plan of its kind in Andalucía adapted to the region's planning act, known as LISTA, and it came after a favourable report from the regional government in February. It replaces a general framework that has in practice been based on the plan from 1986. For anyone thinking of buying in Marbella, this mainly means clearer rules and more predictability about how the town will develop in the years ahead.

Approval and entry into force are not quite the same thing, though. Under LISTA, a plan takes effect the day after the approval decision and its planning rules are published, and a plan that is approved but not published has no effect. The council published an environmental notice on the approval in the Andalusian gazette (BOJA) on 9 October, but when we checked on 23 October, we had not seen the planning rules themselves published in the Málaga provincial gazette, the step that brings the plan into force. Until that happens, ask your lawyer which rules apply to the property you are considering.

To understand why this is such big news locally, you need the background. Marbella adopted a new general plan in 2010, but in November 2015 the Spanish Supreme Court declared it void, partly because it tried to legalise unlawful construction. The town fell back on the 1986 plan, and according to the council, around 18,000 homes ended up in an unresolved planning situation, to very different degrees. That is the uncertainty the council is now trying to put behind it.

The new plan makes it clearer which areas will be developed, where new homes and infrastructure can go, and which areas will be protected. One of the most concrete changes is that land classified as urban (suelo urbano) grows from about 40 million square metres to about 53 million. For a buyer, this makes it easier to see not just the home but what may happen around it, which matters in Marbella, where views, green spaces and future projects affect both quality of life and value.

It is also worth knowing that the PGOM is only the top level. Under LISTA, planning is split in two: the PGOM sets the overall model (land classification, main infrastructure, green spaces and growth areas), while the detailed rules for individual plots and neighbourhoods come in a separate plan called the POU, Plan de Ordenación Urbana. Marbella's POU is still at an early stage, with its environmental scoping document issued in October 2025 and no approval date set. So specific questions about building heights, permitted use and density on a particular property are not necessarily answered yet.

And to address the most important caveat directly: no, the new PGOM does not mean that every home with past planning problems is automatically legalised. A new general plan is often the mechanism that resolves such cases over time, but it does not do so at a stroke. When buying, an independent Spanish lawyer should still check the property's legal status, building permits, Land Registry entry and planning situation, just as before. If you already own a home with an unresolved situation, have it assessed now rather than assume it will sort itself out.

The plan also lays the groundwork for new residential areas and the infrastructure Marbella needs. According to the council, developments on urban land must set aside 20 per cent of buildable floor area for affordable housing. In our view, a larger supply of new homes over time may also mean more competition between resale homes and new builds, which is good news for buyers and something sellers should keep in mind.

Our conclusion is simple: in Marbella, look not just at the home but at the area around it and what is planned there. The new PGOM makes that easier. At Solkystmegleren we help buyers find the right area and the right home on the Costa del Sol, whether you are looking at Marbella, Benahavís, Estepona, Mijas or Fuengirola. See our homes in Marbella, read our checklist before buying in Spain, or get in touch for a no-obligation chat about areas, new builds and resale homes.

Please note that this article is general information and not legal advice. Planning matters are complex and are assessed individually for each property. Always use an independent Spanish lawyer before you sign.