Over the past few weeks a further controversy over the safety of buying property in Spain has erupted into the press. This time it revolves around the illegality of properties situated too close to the seashore. Earlier this year Hollywood actor Antonio Banderas was reportedly advised that part of his luxury villa in Marbella would be demolished. This has been followed by recent warnings that around a thousand homes on the northern Costa Blanca may be equally at risk.
So, what is this all about? Will it affect you if you are thinking of buying in Spain – or if you are already a property owner with a home on the coast?
In reality, everything revolves around a law passed in 1988 called the Ley de Costas (Coastal Law). This law sought to protect the integrity of the Spanish coastline whilst also providing an absolute right of access to the public to the beach and shoreline itself. It is therefore, in essence, not a ‘bad’ law. The coastline of Spain has a fragile ecology and its conservation is important. Most particularly there has always been a danger (due to the heavy demand for ‘front line’ beach properties) that the coastline would be damaged by invasive construction projects.
The law ‘divides’ the coastline into two areas of protection. The first is the public domain which is crudely the area between the sea and the furthest point which the sea has touched in the worst known storm. This includes all areas of sand, shale and pebbles
The second area of protection is divided into:
- The Protection Zone. This is the first hundred metres inland from the public domain (although this area can be extended a further hundred metres by the Spanish state, autonomous region or local town hall). No building of any nature whatsover is allowed within this area.
- The Zone of Influence. This area extends for 400 metres inland from the Protection Zone. Building is allowed - however restrictions are applied on a reducing scale of severity as you move inland from the sea.
Obviously, some properties in Spain were built within 100 metres of the sea prior to the Ley de Costas being passed. These can be subject to a ‘concession’ meaning that they can avoid demolision. However, any ‘concession’ must be treated with the very greatest possible care and should be subject to expert, independent advice from a Spanish land law specialist.
Of course, in typically Spanish fashion, the Ley de Costas has been erratically enforced since it was passed. As a consequence, properties have been built along the Spanish coasts that clearly breach the Coastal Law. In some cases, despite the transgression being blatantly obvious, no action by the relevant authorities has been taken. It is these dangerous properties that lie waiting for the unwary buyer.
Certainly, it would be an error to think that just because no action has been taken so far on a given property subject to the Coastal Law that no action will be ever taken. If this argument is put forward by a seller or agent (or lawyer!) then it should be treated with dismissive contempt before you move onto a property that is undeniably legal in every respect.
The answer, of course, is to be extremely wary of any property located very close to the sea shore. If you want to buy a front line property make sure that your conveyancing lawyer specifically checks its legality with regard to the Coastal Law. Importantly, get any advice provided placed in writing and, if you have any lingering doubts - obtain a second opinion.1
So, what is this all about? Will it affect you if you are thinking of buying in Spain – or if you are already a property owner with a home on the coast?
In reality, everything revolves around a law passed in 1988 called the Ley de Costas (Coastal Law). This law sought to protect the integrity of the Spanish coastline whilst also providing an absolute right of access to the public to the beach and shoreline itself. It is therefore, in essence, not a ‘bad’ law. The coastline of Spain has a fragile ecology and its conservation is important. Most particularly there has always been a danger (due to the heavy demand for ‘front line’ beach properties) that the coastline would be damaged by invasive construction projects.
The law ‘divides’ the coastline into two areas of protection. The first is the public domain which is crudely the area between the sea and the furthest point which the sea has touched in the worst known storm. This includes all areas of sand, shale and pebbles
The second area of protection is divided into:
- The Protection Zone. This is the first hundred metres inland from the public domain (although this area can be extended a further hundred metres by the Spanish state, autonomous region or local town hall). No building of any nature whatsover is allowed within this area.
- The Zone of Influence. This area extends for 400 metres inland from the Protection Zone. Building is allowed - however restrictions are applied on a reducing scale of severity as you move inland from the sea.
Obviously, some properties in Spain were built within 100 metres of the sea prior to the Ley de Costas being passed. These can be subject to a ‘concession’ meaning that they can avoid demolision. However, any ‘concession’ must be treated with the very greatest possible care and should be subject to expert, independent advice from a Spanish land law specialist.
Of course, in typically Spanish fashion, the Ley de Costas has been erratically enforced since it was passed. As a consequence, properties have been built along the Spanish coasts that clearly breach the Coastal Law. In some cases, despite the transgression being blatantly obvious, no action by the relevant authorities has been taken. It is these dangerous properties that lie waiting for the unwary buyer.
Certainly, it would be an error to think that just because no action has been taken so far on a given property subject to the Coastal Law that no action will be ever taken. If this argument is put forward by a seller or agent (or lawyer!) then it should be treated with dismissive contempt before you move onto a property that is undeniably legal in every respect.
The answer, of course, is to be extremely wary of any property located very close to the sea shore. If you want to buy a front line property make sure that your conveyancing lawyer specifically checks its legality with regard to the Coastal Law. Importantly, get any advice provided placed in writing and, if you have any lingering doubts - obtain a second opinion.1
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