Planning Law Attorney in Málaga
Planning law in Málaga is one of the most complex and technical legal areas of the Spanish legal system.
Every real estate transaction, every construction project and every regularization depends on a complex regulatory framework that includes the General Urban Planning Plan (PGOU), the Andalusian Urban Planning Law (LOUA) and dozens of municipal ordinances. At Orozco y Asociados we combine legal and technical-planning knowledge so that your project moves forward — or to defend your rights when the Administration acts against your property.
A planning enforcement proceeding can end with the demolition of your property
Administrative deadlines in planning law are strict and non-extendable. An ignored notification can lead to a demolition order or sanctions of thousands of euros. Do not let deadlines pass. Direct assistance: 952 87 42 37 Request Planning Feasibility Study.
Areas of practice in planning law: where we intervene
Our planning law department covers all matters that a property owner, developer or investor may need in the province of Málaga. We do not limit ourselves to theoretical advice: we manage, process and challenge before the Administration and the courts. Building and first occupancy licenses (LFO): processing, challenging denials and appeals before the City Council of Málaga, Marbella or any municipality in the province Planning discipline: defense against sanctioning proceedings, demolition orders, requirements for restoration of planning legality and coercive fines Land classification and qualification: advice on urban, developable and non-developable land according to the current PGOU and LOUA AFO (Assimilated Out of Planning): regularization of buildings on non-developable land in accordance with Decree 2/2012 of the Junta de Andalucía and applicable municipal regulations Urban planning: challenging general plans, partial plans, detailed studies and PGOU modifications that affect your property Compulsory expropriations: defense of fair price before the Provincial Expropriation Jury and appeal before the contentious-administrative jurisdiction Urban planning agreements: negotiation and drafting of agreements with the Administration for the development of urban planning actions Urban planning patrimonial liability: claims against the Administration for planning changes that devalue your property
How we manage your planning law matter, step by step
Planning law requires a rigorous methodology. You cannot improvise before the Municipal Planning Management or before the Superior Court of Justice of Andalusia. This is how we work:
Phase 1 — Analysis of the planning situation of the property or land
We obtain the planning record of the property, consult the current PGOU and applicable sectoral regulations (coasts, historical heritage, environment). We determine the land classification, permitted uses, buildability and possible constraints that condition any action.
Phase 2 — Feasibility study and legal strategy
We prepare a feasibility report that determines what is possible to do with your land or property, what licenses you need, what procedures must be completed and what risks exist. If there is an open sanctioning proceeding, we design the defense or regularization strategy.
Phase 3 — Administrative processing or challenge
We manage license applications before the City Council, present allegations against planning discipline proceedings or file appeals and reconsideration appeals against unfavorable resolutions. We coordinate with architects and technicians to present complete projects.
Phase 4 — Contentious-administrative appeal
If the administrative route is exhausted without satisfactory results, we file a contentious-administrative appeal before the Courts of Málaga or before the TSJA (Superior Court of Justice of Andalusia). We can request precautionary measures to suspend demolition orders or sanctions while the appeal is resolved.
Planning law is technical precision, not improvisation
We work in direct coordination with architects, engineers and surveyors. We do not file an appeal without first verifying each cadastral data, each PGOU parameter and each procedural deadline. In planning law, a formal error can cost you your property.
Do you need immediate legal advice?
Our law firm based in Ronda handles your consultation efficiently and confidentially. Legal coverage throughout the province of Málaga, Sevilla, Algeciras, Ceuta and the rest of Andalusia.
Most common planning law issues in Málaga and the Costa del Sol
The province of Málaga, due to its intense construction activity and the complexity of its topography, presents specific planning law cases that we know perfectly:
Buildings on non-developable land
Thousands of homes in the province of Málaga were built on non-developable land without permits or with insufficient permits. Regularization through AFO (Assimilated Outside Planning) allows, under certain requirements, to register the property in the Property Registry and obtain basic services.
We manage the entire process before the City Council and the Junta de Andalucía.
Denial of building permits and first occupancy permits
The Municipal Planning Management of Málaga frequently denies permits for correctable technical reasons or due to restrictive interpretations of the PGOU. We appeal these denials with technical reports that demonstrate the project’s compliance with current regulations.
Planning law enforcement proceedings
If you have received notification of proceedings for unauthorized works, unauthorized extensions or changes of use, we act immediately. We submit objections, request suspension of the procedure and, if viable, manage the subsequent legalization of the works.
Expropriations and Fair Compensation
When the Administration expropriates for infrastructure projects (roads, high-speed rail, planning schemes), the fair compensation offered is usually much lower than the real value. We challenge the valuation before the Provincial Expropriation Board and, if necessary, before the administrative courts to obtain just compensation.
Planning law attorneys in Málaga, Marbella, Vélez-Málaga and the Costa del Sol
Orozco y Asociados handles planning law matters in all municipalities of the province: Málaga capital, Marbella, Vélez-Málaga, Estepona, Fuengirola, Torremolinos, Benalmádena, Mijas, Ronda, Nerja, Antequera, Rincón de la Victoria and throughout the Axarquía and Costa del Sol. We know the general plans of each municipality, local ordinances and the action criteria of each Planning Management Office.
Planning law constantly intersects with other areas in which we specialize. If your matter involves a real estate transaction with planning issues, our real estate team verifies the situation before signing. If the Administration causes you economic damage, we claim patrimonial liability.
And if you need to resolve a dispute in a homeowners’ association over unauthorized works, we coordinate both areas for comprehensive defense.
Let's discuss your case
Initial assessment without commitment. We identify the procedural route and critical deadlines.