Ley de Costas (Costal Law)
FAQ
What is a ‘deslinde’ (demarcation line)?
A ‘deslinde’ is an imaginary line on a map that separates the public domain from the private.
What are the thresholds of a demarcation line?
20 meters if it’s in an urban area, and 100 meters if rural
In reality, however, the Coastal authorities do not respect any limits. There are cases where houses have been built within 6 meters of the sea, and others where a property which lies 500, 600 or even 700 meters inland is affected.
Why is this the case?
Because the ‘ley de costas’ (Coastal Act) stipulates that the public domain extends until ‘wherever the wave reaches in a storm’ and ‘wherever there are loose debris, such as sand, stones, shells..’. There are court sentences where it has been dictated that, even though a given house stands before the demarcation line, due to the storm, it is necessary to trace a new demarcation line and to extend the area of the public domain.
If there is a demarcation line in the area, and the houses are within private (as opposed to public) property, and they have title deeds, building licences etc., does this mean that everything is legal and that there will be no problems?
No. Demarcation lines can be retraced indefinitely in time. There are areas where subsequent demarcation lines have been traced, and what once was within legal and private limits, now it is illegal and belongs to the state.
If everything is in order in the Land Registry, should we feel safe?
No. The authorities can make new demarcation lines whenever they see fit.
What happens when a demarcation line is traced?
The property may fall within the public domain and, if litigation is taken up, the vast majority of cases are lost.
The state may (or may not) grant you a concession to use the house for 30 + 30 years. In other words, they let you live in your own house. But very few concessions are given.
If no concession is given, the houses will have to be demolished.
The state can revoke such concession, by an administrative act called ‘recuperación posesoria’ (that is, to recuperate possession), and with a minimal indemnity (10,000 Euros, 15,000 Euros or 30,000 Euros).
If the property falls within the protection zone (the land immediately before the public domain area), it will drop in value as they cannot be extended nor repaired nor maintained without the express permission of the authorities (and this permit is hardly ever given). If the building would burn down or fall, it is illegal to put it up again.
How can we know if a property falls within demarcation line?
You have to go to the provincial Coastal authorities and request a certificate of legal standing.
If we have a certificate from the authorities which states that the property is outside the demarcation line, does this preclude the tracing of a new demarcation line?
No. The certificate is only valid at the time of being issued, and it gives no legal certainly in the future.
Could my property have a demarcation line without my knowledge?
Yes. The most sensible thing to do is to go to the Coastal authorities to find out.