Law on Coasts
Requirements of the Law on Coasts for registration of property in Land Registry
The Spanish coastline is full of frontline properties that are right next to the sea or on the top of cliffs. In many cases, properties in such privileged positions are affected by the 1988 Law on Coasts which may, or may not, establish certain specific rules with regard to the property’s registration in Land Registry in the case of a transfer of title.
A recent resolution from the General Directorate of Registrars and Notaries has clarified and defined certain requirements depending on the situation of property with regard to both the public maritime and terrestrial domain and the different areas of protection that are regulated by the Law on Coasts.
The Law on Coasts establishes three types of areas of protection which complement and protect the public maritime and terrestrial domain. Firstly, there is an area of protection which is constituted by a strip of land which is 100m wide measured from the interior limit of the seashore which, in some cases may be extended by another 100m by express agreement of the regional and local authorities when the extension is necessary to ensure the effectiveness of the area of protection. The standard 100m width of the area of protection may also be reduced in some cases to 20m such as along the banks of rivers that are affected by tides or, exceptionally, in some areas in which the land was already classified as urban land at the time of the approval of the Law on Coasts. As a general rule, within this area the following activities are forbidden:
■ The construction of buildings with a residential use.
■ Activities that imply the destruction of natural deposits such as sand or gravel.
■ The installation of high voltage electricity cables.
■ The depositing of waste, rubbish or untreated sewerage.
■ Advertisements by means of billboards, panels or acoustic or audiovisual means.
In addition to the area of protection there is also a socalled area of transit that is constituted by a strip of land 6m wide measured from the interior limit of the seashore and which must be left open to permit the passage of pedestrians and vehicles carrying out salvage and surveillance activities and additionally a so-called area of protection of the right of access to the sea.
If a property shares a boundary with the public terrestrial-maritime domain and is within the so-called area of protection, any title to the property may not be registered in Land Registry without the boundary with the public maritime terrestrial domain being defined by the coastal authorities. The definition of the said boundary must be applied for by the owner and if a deed transferring the property is granted, the registration of the title will only be made with a certificate from the coastal authorities in which the boundary and any part of the property that is within the public domain is defined. If the said certificate is not provided, the registrar will suspend the registration of the title until the certificate determining the boundary and which part of the property is within the public domain is produced.
In the case that the General Directorate ruled on, the owner of the property appealed against the suspension of the registration of the title alleging that the certificate from the costal authorities should be applied for by the Registrar as the information and paperwork concerning the definition of the boundary of the public domain with the area of protection are kept by the public administration. However, the General Directorate’s resolution upheld the registrar’s decision to suspend the registration of the deed due to the absence of the certificate defining the property’s situation with regard to the public domain as it was considered that no registration of title could be made without prior confirmation of the property’s situation within the area of protection and with regard to the boundary with the public domain.
As one can see, in the case of properties that are so close to the sea or the coastline in general, special care be taken to ensure that the property is not affected by any issues arising from the Law on Coasts that could prejudice the title and impede its registration in Land Registry.