Everything You Need to Know to Install Your Mobile Home (Legal Requirements)

URBANISM

Apr 29

Written By Francisco Javier Muñoz Fuentes

The growing popularity of mobile homes or “casas moviles” as a housing alternative has raised questions about the legal requirements for their installation. Is an urban planning license required? What are the implications of placing them on land, particularly in campgrounds?

TELL US WHAT YOU NEED

WHAT DOES JUDGMENT 1917/2024 ESTABLISH?

In this ruling, the Supreme Court concludes that mobile homes should be considered equivalent to prefabricated houses from an urban planning perspective. Therefore, their installation requires a specific urban planning license, regardless of whether they are placed in campgrounds or on land with other types of activity licenses.

The case that prompted this decision involved a company intending to install mobile homes in a campground, arguing that these structures were comparable to trailers or caravans and therefore did not require an additional urban planning license. However, the Court determined that, due to their design and use as permanent or semi-permanent dwellings, these structures cannot be equated with towable vehicles and are thus subject to applicable urban planning regulations.

WHY IS AN URBAN PLANNING LICENSE REQUIRED?

The requirement for an urban planning license for mobile homes is based on their impact on land use. Since these structures are used as residences, they alter the land and require infrastructure such as water, electricity, and sewage connections. This transformation represents a change in land use that must be authorized by the corresponding urban planning authority.

The Supreme Court emphasizes that an activity license for a campground is not sufficient to cover the installation of mobile homes, as such a license does not assess or regulate land use from an urban planning standpoint.

TALK WITH AN EXPERT

IMPLICATIONS FOR PROPERTY OWNERS AND DEVELOPERS ON THE COSTA DEL SOL

For those considering installing a mobile home in municipalities such as Málaga, Marbella, Estepona, Mijas, or Sotogrande, it's essential to take the following into account:

Urban planning license is mandatory: Before installing a mobile home, you must obtain the appropriate urban planning license that authorizes residential land use.
Review the urban development plan: It's crucial to verify that the land where the mobile home is to be installed allows residential use under the current urban development plan.
Activity license is not enough: Even if the land has an activity license, such as for a campground, this does not exempt you from the need to obtain a specific urban planning license for residential use.
Possible penalties: Installing mobile homes without the proper authorization may result in fines, demolition orders, and other administrative actions.

HOW TO PROCEED IF YOU WANT TO INSTALL A MOBILE HOME

If you're interested in installing a mobile home on the Costa del Sol, we recommend following these steps:

Consult an architect or urban planning specialist: A professional can advise you on the feasibility of the project and the legal requirements.
Check the municipality's urban development plan: Make sure that residential use is permitted on the specific plot of land.
Apply for the necessary urban planning license: Submit the project to the local city council and obtain the required license before beginning any installation.
Comply with technical and habitability standards: Ensure that the mobile home meets the technical and habitability requirements set by the relevant regulations.

If you are considering installing a mobile home in Málaga, Marbella, Estepona, Mijas, or Sotogrande, it is essential to get proper advice and comply with all legal requirements. At Munoz Barcia Architects, we are available to answer your questions.

DO NOT HESITATE TO SHARE YOUR QUESTIONS