Answers for property owners
Can you mortgage an out-of-planning (fuera de ordenación) property?
If your home is out of planning, your buyer will probably not be able to finance it easily. It depends on the cause and on the valuation.
SHORT ANSWER
It is complicated, but not impossible. Banks follow the warnings in the valuation: with a serious warning (public land, green zone, non-residential use) they do not grant a mortgage; with a minor warning they study the operation and may ask for additional guarantees.
IN THIS ARTICLE
If you already know what an out-of-planning home is, the next question is whether it can be financed. This is what banks and valuers on the Costa del Sol tell us.
Why banks hesitate
Banks do not want to take risks and treat these homes as “illegal”, which may not be sufficient security for a mortgage loan. Even so, depending on the cause of the out-of-planning status, some banks have granted mortgages. Marbella is a special case because of the number of homes in this situation.
What the bank looks at: the valuation
Serious warning
The bank does not grant the mortgage: the home is not considered security. This is what happens with properties on public land, green zones, plots classified for parks and gardens or with a non-residential classification.
Minor warning
The bank studies the operation and may ask for additional guarantees. This is the case for homes on a residential plot where the valuer considers the planning infringement to be less serious.
What it means for the seller
- Your buyer may need to pay in cash or with more of their own funds
- The price is adjusted to a smaller pool of buyers
- It is worth clarifying the planning situation with an architect or lawyer before putting the home on the market
- A certificate of no planning infringement helps to give reassurance
Every case is different: consult your trusted lawyer or architect.
Frequently asked questions
Can any out-of-planning home be mortgaged?
No. It depends on the cause and on the warning in the valuation. Serious ones close the door to a mortgage.
What does the bank do with a minor warning?
It studies the operation and may ask for additional guarantees.
Does it affect the sale price?
In general, yes: these homes tend to have a lower price and are harder to sell.
How do I find out my situation?
Through an architect or lawyer who reviews the licence, the planning rules and the Land Registry and cadastral situation.
About the author
Alfonso Lacruz
Naval engineer and market analyst. Over 25 years advising owners in Marbella and Benahavís. Publishes a monthly market analysis with Land Registry data.
Every case is different: before you sign or decide, confirm your situation with your own lawyer, notary or tax adviser.
Sources: Enquiries with banks and valuers on the Costa del Sol; Law 5/2019 on real estate credit agreements (Ley 5/2019 de contratos de crédito inmobiliario). Last updated: 24 October 2026.
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