Building ban in place while the Junta develops and approves its future Coastal Protection Plan

The Diputación de Málaga, the equivalent of a provincial council, is to file a constitutional challenge against the coastal protection law passed last November by the Junta de Andalucía, which temporarily halted all planned construction projects within half a kilometre of the shoreline in 11 Málaga towns. The ruling Partido Popular at the Diputación last week approved the motion to file an appeal to the Constitutional Court against Articles 2 and 3 of Decreto Ley 5/2012, on the basis that the law is an attack on the autonomy of local town halls and does not meet the ‘extraordinary and urgent necessity’ requirement for the Junta to pass laws by decree. Among other things the law establishes a temporary freeze – lasting up to two years – on building projects within 500 metres of the shoreline in towns that have not brought their local development plans (PGOUs) into compliance with the 2006 POTA regional planning ordinance.

Beachside Urban Planning Malaga

Premier Property International were informed that a new law issued by the Junta de Andalucía entered with immediate effect  last week which will temporarily halt all planned construction projects within 500 meters of the Malaga shoreline.

Aerial Photo

The coastal protection measure is included in a Real Decreto Ley de Costas which will force towns throughout the Malaga region to update and bring their local development planning (PGOUs) into compliance with the 2006 Plan de Ordenación del Territorio de Andalucía (POTA) regional planning ordinance. Only twelve of the 101 municipalities in the Malaga province have done so to date, with Malaga, Fuengirola and Marbella being the only coastal areas.