Costa Blanca News

Law on Coasts

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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.

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 ??  ?? Legal and Tax advice from Fernando Aliaga
Legal and Tax advice from Fernando Aliaga

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