The Camposol Plan Parcial: What is it and why is it so important?

The original building plan for Camposol and why a “Change of Management System” is being processed

The Camposol Plan Parcial, officially titled “Plan Parcial, El Saladillo, Mazarrón” is in two parts, one covering Sector A and one covering Sectors B, C, D and F. Sector E never materialised on the plan as the land was not available. The plans, which define how the urbanisation will be built, were submitted by Grupo MASA (under the subsidiary company Justo y Manoli SL) in line with planning regulations, showing numerous building plots known as ‘polígonos’ connected and surrounded by access roads (Sample image shown above). None of the internal polígono roads appear on the Plan Parcial.

The roads shown on the plan form part of the contract between developer Grupo MASA and Mazarrón Council under what is known and written into both parts of the Plan Parcial as the “Compensation system”. This system is designed to relieve the council of the time and expense of installing all the public infrastructure connecting the polígono building plots where the developer will carry out their business of building and selling properties. So to compensate the Council, the developer undertakes to build and install all the public infrastructure and on completion cede or hand over the infrastructure including roads, services, green areas etc. as laid down in the Plan Parcial.

To see the Plan Parcial road plan for Sector A click here and for Sectors B,C,D and F click here

In the case of the internal parts of the polígono building plots the Developer can draw up and submit separate plans for each polígono including individual dwellings and internal access roads, in some cases communal swimming pools were added. These plans are drawn up according to planning regulations including the Horizontal Property Law (Sample image shown below). These plans form part of the contract between the developer and the purchasers of the individual dwellings, who when buying a property sign deeds for the outright ownership of the individual dwelling and a stake hold with the accompanying obligation for the internal communal roads and facilities. Apart from being the authorising authority along with the regional government, the Council have no ownership or responsibility for the dwellings and communal elements inside each polígono. This is the legal responsibility of each poligono’s Community of Owners.

In a perfect world, Grupo MASA would have finished all parts of the urbanisation leaving the Council to take over a completed public infrastructure as per the Plan Parcial and the homeowners with completed internal polígono roads. However, Grupo MASA abandoned the site in 2008/9, leaving a large part of the urbanisation with an unfinished public road infrastructure and many polígonos with unfinished internal roads. It was also the case that many works undertaken did not correspond to the Plan Parcial; public roads were missing or in the wrong place, motorway access was in the wrong place, the bridge between B and C sectors was in the wrong place, roundabouts were missing etc., as can be seen from the Plan Parcial road plans.

This led to Mazarrón Council initiating the process in 2011 of seizing the bank guarantees meant to offset any expenses incurred by the Council if the public infrastructure was not finished, the first legal step in the process is to dismiss Grupo MASA/Justo y Manoli SL as Developer. The Community of Owners for each polígono could have also taken action against the developer for breach of contract for any unfinished works on communal roads and services.

Mazarrón Council have laid out their plan to complete the urbanisation including redrawing the Plan Parcial and have commissioned reports by a technical legal consultancy on the legal process to be followed. This process starts with Mazarrón Council replacing Grupo MASA/Justo y Manoli SL as the urbanisation developer of the Plan Parcial consisting of the public roads and infrastructure, and the change of system from “Compensation” to “Cooperation” which has already been approved.

The next legal step is for Mazarrón Council to take the requisite measures to make homeowners aware of the change of situation in the urbanisation’s management, this notification procedure is currently ongoing.

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