The Spanish Government is Planning New Measures to Encourage Regional Governments and Local Authorities to Enforce the 1988 Law of the Coast

The government is now talking publicly about taking some action in relation to a Spanish national law made in 1988 Ley de Costas relating to land on the coast around Spain. The law relates to the first 6 meters from the waterline inland which is owned by the state, and the next 100 meters inland which is owned by the local authority for that area of the coast. From the enactment of the 1988 law nothing should have been built from 6 meters inland of the waterline. Then the next 100 meters inland had special restrictions placed on any development.

If it is an area of special interest nothing will be able to be done to the land (i.e. national park type status). If it is not land of special interest they aim to only make a path along the coast for walkers or cyclists. The rest of the land will then only be used for agriculture or sports fields but no construction.

Spanish properties built with legally granted planning permission within the aforementioned 100 meter strip prior to the enactment of the 1988 Spanish law were given 30 years to be removed, and the local authority was to compensate them by providing alternative land inland. Properties built after 1988 are illegal and so should be removed. As we are now nearer the end of the 30 year grace period the government is looking to create new laws to compel the regional authorities to start negotiating with the legal owners of the coastal properties affected, to achieve the removal of their properties and affect their compensation.

Whilst at the same time it wants to get the regional authorities to start affecting the removal of the illegal properties from the coastal strip 106 meters from the water line. In the Canary Islands a large amount of illegal properties have already been removed from it’s coastline.

Buyers now of properties on the Spanish coastline should not worry, as they will be protected if they use competent independent Spanish lawyers and Solicitors, as they will advise against them buying any properties built in areas without planning permission, or which have special restrictions. Unfortunately a lot of foreign buyers use lawyers recommended by estate agents, or developers who are not independent, and often do not warn buyers of all the defects in the property, its sale contract or lack of planning permission.

This announcement should not alarm buyers of properties in Spain, as with independent legal advice they should not fall victim to buying property without adequate planning permission or within a special protected area liable to be demolished. Anyone who has fallen victim to inadequate legal advice on a purchase of a property within this coastal strip should seek independent legal advice about their current position and any options available to them.