Thursday, March 30

The coast law plans to expand its public domain and puts hundreds of properties in Asturias at risk

The general regulation of costs of 2014 has an expiration date, since the government is finalizing a new royal decree, of which a draft has already been published and which has been released to public information. This new regulation is much more restrictive than the previous one, with more flexible criteria to review the boundaries of the coastline that will allow the State to increase the protection zone and, therefore, affect buildings that until now were outside the scope of intervention of the legislation. of coasts. In Asturias there are hundreds of cases that could be affected if the draft is approved as it is now written.

The document, prepared by the Ministry of Ecological Transition and Demographic Challenge, seeks to “guarantee that the maritime-terrestrial public domain is duly protected for public use and enjoyment and to ensure its conservation and the protection of its natural characteristics.” To this end, it establishes that “the maximum duration of concessions over the maritime-terrestrial public domain is 75 years, and that this term includes both the initial and all possible extensions.”

When the previous government carried out the rule, according to the head of the Coastal Demarcation at the time, Ramón Galán, there were 118 homes built in public domain areas, most of which corresponded to two buildings located in Ribadesella and the rest to 21 single family homes. The previous rule allowed their owners to continue enjoying them, which could now be called into question.

The maximum term of concessions for the affected buildings will be 75 years, including extensions.


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There are two important aspects in the standard that can affect these buildings. On the one hand, the future regulation allows the public domain –the most restrictive in terms of uses and whose occupation is granted by the State through a concession– reach inland to the maximum level that a wave reaches. The current norm establishes a measurement system whereby this limit had to be repeated at least five times in five years in order to make this demarcation, which restricted the possibilities of gaining ground.

The other criterion that changes and that can affect the Asturian coasts is the one that says that almost any dune –sand formation– will be included as belonging to the maritime-terrestrial public domain, whether or not they are fixed by vegetation. In the current norm there are a series of exceptions that disappear.

The new rule states that “The owners of the lands that after the review of the demarcation are incorporated into the maritime-terrestrial public domain will become owners of a right of occupation and use, for which purpose the Administration will grant the concession ex officio, unless expressly waived by the interested party”. Therefore, they will no longer own the property. This concession “will be granted for 75 years, respecting the existing uses and exploitation.” This modification will also affect “food and beverage vending establishments, which will not exceed 70 square meters on a single floor and without a basement.”

If the boundary is extended inland, the existing buildings in that area would become ownership of Condition. This has other consequences, such as the inland displacement of the protection easement, which is a strip of 20 meters wide in urban land and 100 meters in the rest of the territory.

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This new regulation also affects the uses that can be given to existing buildings and prior to the Law of Coasts who are in protective servitude. And it is that these will not be able to change their use, which could make it difficult to rehabilitate buildings located in that area.

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