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66 | LEGAL


PROBLEM PAGE WORDS | Stefano Lucatello So who’s off the hook?


Each month we send a property-related legal problem to Kobalt Law, who answer it as only expert lawyers can! This month a reader asked us about the Spanish ‘legalising’ coastal properties. As with all such matters, the original question raises many others – and turns out to be more complicated than it might seem...


The Problem: I have heard the Spanish are ‘legalising’ all


of the illegal properties built on the coast. Is this true? What does it mean? How can I tell whether the properties bought by my clients are/were ‘illegal’? Will the ‘legalisation’ be auto- matic or do the property owners need to do something to take advantage of this opportunity? If so, what do they need to do to put things right?


P


lease note that this is a very complex topic and each case requires an individual analysis. We will provide you with an


overview of the current regulations and the changes approved by the government but please note that there may be special circumstances applying to your particular case. Therefore, if your or any of your


clients’ property is affected by the restrictions imposed by the Coastal Law, please seek independent legal advice from an expert who will study the situation and advise you of the available remedies, if any. The current Coastal Law was


approved in 1988 (Ley de Costas de 1988). It regulates the use of the Coastline and defi nes the public domain area along the coast and other zones where special restrictions apply. The aim of this regulation is to make


the coastline accessible to the public and to control the excessive urbanisation in the coast.


It establishes the demarcations of the three main zones in the coastline: • The public domain zone: this zone


belongs to the state and the private owner automatically loses ownership right. If the private owner can prove that the property was built before 1988, he/ she can apply, as compensation, for a concession to enjoy possession of the property for 30 years with the possibility of extending this period for another 30 years. Otherwise, the property can be demolished. Moreover, the concessions can be rescinded by the authorities if it is in the “public interest” and the private owner cannot sell the right of possession. The public domain zone extends up to the line where the waves had ever spread during the worst storm. • The protective zone: This zone


covers the fi rst 100 meters from the interior limit of the sea shore.


The private owner will keep private ownership rights but there are also special restrictions applying to this zone. No properties can be built in this zone. However if the property was legally built before this law came into force (1988), it will not be demolished but the property will remain under a special legal regime and some restrictions will apply. One of the most important restriction applying to this zone is that the owner will be able to renovate and improve the buildings as long as this would not imply a change in the volume, height or surface of the property.


“The aim of the coastal law is to make the coastline accessible to the public”


• The infl uence zone: some more less


severe restrictions applied. The area of this zone is of 400 metres. Due to the large number of


complaints issued by Spanish and other EU citizens at the European Commission with regards to the Spanish Coastal Law, the European Parliament urged the Spanish authorities to revise this law and carry out the necessary amendments. As a consequence of this, the


government approved on 5th October 2012 a draft legislation proposed by the Ministry of Food, Environment and Agriculture (MAGRAMA), in order to amend the Coastal Law of 1988. The aim of these modifi cations is


to protect in a more effi cient manner the Spanish coastline, to control the excessive urbanisation and also to provide more legal security to citizens and companies in this respect. The amendments will benefi t those


Stefano Lucatello is senior partner at Kobalt Law LLP, a specialist international law fi rm based in London. He has practised international law as a solicitor for more than 25 years, specialising in foreign property, litigation law and related matters. Email: stefanol@kobaltlaw.co.uk Telephone: +44 (0) 2077 391 700


owners who rightfully owned properties in the coastline but it will not suppose an amnesty to all the illegal properties built in the coast. Some of the changes proposed in this draft legislation with regards to the restrictions applying to the public domain zone are as follows: • To extend the period of the existing


concession to enjoy possession of the properties built in the public domain zone, from 30 to 75 years; • The possibility to sell this interest


in the property, subject to prior authorisation; • To renovate the buildings situated


in this zone, as long as this would not imply a change in the volume, height or surface of the property. • In addition, the public


administration will be obliged to register the defi nitive and provisional demarcation line in the property register, so that purchasers will be better informed about whether the property is


situated in a protected area and the exact location and extension of this area. • The demarcation lines will also be


published on the website of the Spanish Ministry for Environment. Please note that the above mentioned


draft legislation is currently being discussed in the Parliament and it has not came into force yet. Please also note that there is a


National Platform for owners affected by the Coastal Law, known as PNALC to help people who have been affected and to defend against illegal applications of the law.


As I mentioned before, if you fi nd yourself in this situation and your property is affected by the Coastal aw, my advice is to instruct a lawyer with expertise in the area in order to analyse your case and advise you accordingly. Do not hesitate to contact us if you


need further information in this regard.


www.opp-connect.com | DEC 2012/JAN 2013


Illegal? | Are Spain really legalising the illegal properties on the coastline?


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