Marbella the pearl of the luxury real estate market in Spain
According to the Knight Frank European Lifestyle Report 2024, Spain stands out as one of the most attractive luxury property markets in Europe. The…
Marbella Town Council is introducing some of the most significant regulations in recent years concerning properties that have remained undeveloped until now. The RMSER regulation gives the town new powers – ranging from compulsory development or sale to the possibility of taking over development projects. For investors, this means the emergence of new properties in prime locations with high investment potential.
What will you read about in this note?
What is the RMSER regulation concerning properties in Marbella?
El Registro Municipal de Solares y Edificaciones Ruinosas (RMSER), or the Municipal Registry of Plots and Buildings for Revitalisation and Destroyed Buildings (Ruins),is administrative in nature – managed at the municipal level. It was created as part of the implementation of the Andalusian Town and Country Planning Law and came into force in April 2026 to enforce urban planning obligations on land and property owners in terms of construction and maintenance.
The purpose of compiling the RMSER register is to eliminate problems arising from the presence of vacant properties. The legislation distinguishes several categories of properties:
- Plots and properties where construction has been halted. This applies to developments that were started but subsequently abandoned or suspended indefinitely. Once a property has been entered in the RMSER register, the owner is obliged, within one year of the date of entry, to obtain the required planning permission and resume the development process – in accordance with the applicable regulations, bring the design into line with the applicable regulations, or carry out demolition.
- Undeveloped urban plots that should be developed. Once entered in the register, the owner is obliged to commence construction within one year.
- Properties in poor technical condition, abandoned buildings or those failing to meet safety standards and conditions for use. The owner must obtain a new planning permission, carry out a full renovation or demolition and re-development (if permitted by regulations).
Practical implications of the introduction of the RMSER register in Marbella
With the new legislation, Marbella can put pressure on owners of undeveloped properties to fulfil their maintenance and/or construction obligations. Thus, the city has the opportunity to protect properties from being completely destroyed or abandoned and causing valuable land to become wasteland.
The ordinance provides for certain consequences for owners of undeveloped land in an appropriate manner – based on the type of property and legal circumstances.
Projects that have been halted or unfinished cannot remain indefinitely suspended. The owner must then regularise the legal situation of the property and apply for a new building permit or, if this is not possible, may be obliged to carry out demolition. The period the regulation provides for this obligation is one year from the date of notification.
In the case of deteriorating properties, the owner – in addition to the obligation to secure them – should choose within a year: between carrying out a complete renovation or demolishing the building.
If the owner of a deteriorating building fails to comply, the ordinance reserves the city council the right to intervene. In such situations, it has the right to apply the principle of substitute execution of the so-called ’ ejecución por sustitución’, consisting of the execution of the project by the city council or an authorised third party. The costs are then charged to the owner of the property and, if the owner is unable to cover them, the proceedings may end in a forced sale.
See also:
Marbella and Costa del Sol: synonyms of luxury [INTERVIEW]
Marbella is a picturesque city in the south of Spain that has for years attracted the attention of those looking to invest in luxury…
New investment opportunities in Marbella
Rather than taking the time to comply, some owners of unfinished properties or undeveloped land will inevitably choose to sell the property. This creates an opportunity for new offers to come on the market. However, before buying, it is important to familiarise yourself with the legal status of the property or land and the local regulations applicable in Marbella.
In such cases, it is worth enlisting the support of an experienced agent and law firm, well versed in the specifics of the property market in Andalusia, who – thanks to their many years of experience – will be able to identify properties with the greatest potential. Indeed, the new regulations are likely to increase the supply of attractive properties – including in Marbella’s most desirable neighbourhoods. Thus, it is moving towards a more controlled urban environment and urban development.
What should you look out for when buying a property „with a past”?
First and foremost, the buyer should check the status of the plot in the land registry and what urban planning status it has. It is also important to check the legal status and whether the property has any open cases, such as inheritance proceedings, orders on technical building rules or whether it has protected status.
Anyone interested in purchasing a plot of land or a property should also seek the assistance of an estate agent, a law firm and an architect to determine the legal and technical condition of the building and the potential costs of the investment.
FAQ
How might the entry into force of the RMSER affect real estate prices in Spain?
The introduction of the RMSER registry could, in the long term, enhance Marbella’s appeal from an urban planning perspective. This law limits the number of neglected properties, which improves the city’s appearance and safety. For investors, this means a potential increase in property values in areas undergoing revitalization.
How can I check if a property is listed in the RMSER registry?
The RMSER Registry is a public record, so information about properties subject to the revitalization process can be accessed through the city office. This information should also be included in the land registry extract, which can be obtained through the Spanish Property Registry (El Registro de la Propiedad).
