Planning Infringement in Spain's Coastal Protection Zone: Consequences and Deadlines

If the works are close to the sea, the applicable regime is twofold: planning legislation and the Coastal Act. And the Coastal Act (Ley de Costas) has its own deadlines and restrictions that can be more severe than those in local planning rules. It is a common mistake to focus only on the planning enforcement proceedings and ignore the obligations arising from the coastal legislation.

What the law actually says

Law 22/1988, of 28 July, on Coasts (LC), establishes different protection zones for the maritime-terrestrial public domain:

• Maritime-terrestrial public domain zone (Article 3 LC): includes the sea shore, natural assets, and those that have been designated for public use or public service. Any construction is completely prohibited in this zone.
• Coastal protection easement zone (Article 23 LC): a strip of 100 metres from the inner boundary of the sea shore (in some cases, 20 metres in urban areas predating the 1988 Coastal Act). Buildings intended for residential use or habitation are prohibited in this zone.
• Zone of influence (Article 30 LC): a band of 500 metres from the inner boundary of the sea shore. Buildings in this zone are subject to restrictions but these are more flexible.

Law 22/1988 on Coasts governs the enforcement regime in its Articles 90–101: Chapter I (Articles 90–93) typifies the infringements, and Chapter II (Articles 94–100) establishes the sanctions. Regarding limitation, Article 92 LC establishes that serious infringements become time-barred after 2 years and minor infringements after 6 months from their commission. The General Coastal Regulations (Royal Decree 876/2014) develop these provisions.

The General Coastal Regulations (Royal Decree 876/2014, of 10 October) develop the Coastal Act and govern the delimitation of the maritime-terrestrial public domain and the easements.

Steps you can take, in order

1. Determine which zone you are in. Maritime-terrestrial public domain? Coastal protection easement zone? Zone of influence? The regime is radically different in each case.
2. Verify whether the delimitation has been approved. The delimitation precisely determines the boundary of the public domain. If there is no approved delimitation, there is uncertainty about the exact boundary of the easement.
3. Check whether there are two simultaneous sets of proceedings: one from the council (planning) and another from the Coastal Demarcation Office (Coastal Act). These are independent procedures with different legislation.
4. Determine the age of the works and whether the planning infringement has become time-barred. The limitation of the planning infringement does not affect the obligations arising from the Coastal Act.
5. Request the complete case file for each set of proceedings.
6. Submit written representations within the deadline for each set of proceedings.

Common errors made by councils

Error 1: Failing to verify whether the works are in the maritime-terrestrial public domain zone. If the works are in public domain, the municipal planning proceedings are secondary: the works are directly unlawful and the competent authority is the Coastal Demarcation Office, not the council.

Error 2: Failing to consider whether the delimitation of the public domain has been approved. If there is no approved delimitation or if it is under revision, the determination of the exact boundary of the protection easement may be in dispute.

Error 3: Processing the planning proceedings without coordinating with the Coastal Demarcation Office. In coastal areas, the council must verify that the planning permit it grants (or that should have been applied for) is compatible with the Coastal Act.

Error 4: Incorrectly applying the exceptions for buildings predating the Coastal Act. The Coastal Act has a transitional regime for buildings that existed before 1988, with rights of use that must be respected. [LEGAL NOTE]

Anonymous real-life case

Amparo L. had a 20 m² porch attached to her house on the first line of beach in Almería. The house was within the coastal protection easement zone. The council opened planning enforcement proceedings. The Coastal Demarcation Office simultaneously opened proceedings for infringement of the Coastal Act. The porch was 5 years old. The planning infringement had become time-barred (the autonomous community set 4 years for serious infringements). We raised limitation as a ground for challenging the planning proceedings: they were closed. The Coastal Act proceedings were more complex: the protection easement zone does not permit residential buildings, and the porch was ultimately removed in compliance with the resolution of the Coastal Demarcation Office.

Frequently asked questions

Does the planning limitation period affect the Coastal Demarcation Office proceedings? No. They are independent procedures with different legislation and deadlines. The fact that the planning infringement has become time-barred does not cancel the Coastal Act proceedings.

Do buildings constructed before 1988 in the easement zone have any protection? Yes. Transitional provision three of the Coastal Act recognises limited rights of use for buildings existing before the Act, albeit with restrictions. [LEGAL NOTE]

Can the delimitation of the maritime-terrestrial public domain be challenged? Yes. The delimitation is an administrative act that can be challenged. If the delimitation incorrectly includes land that is your private property, you can appeal against it.

If the protection easement is 20 metres in my area, how do I verify this? The reduction to 20 metres applies in areas that were already classified as urban land before the Coastal Act came into force in 1988. You must verify the land classification as at that date. [LEGAL NOTE]

Can the Coastal Demarcation Office order demolition directly? Yes. The Coastal Demarcation Office has the authority to order the restoration of the coastline and the demolition of works in the public domain or in the protection easement zone. This authority is independent of the local council.

Contact us and tell us about your situation →

Legal notice: This article is for informational purposes only and does not constitute personalised legal advice. Every case has its own particular circumstances. Consult a professional before taking any action.