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28-03-2024, 10:09 PM
Noticias:
The new General Coastal Regulation will allow the state to expropriate homes and businesses in coastal public domain.
The government will be able to expropriate flats, hotels, houses and beach bars on the beach and cede the use to the owner for 30 years
The government will be able to expropriate apartments, hotels or beach bars on the beachfront in exchange for ceding their use to the owners for 30 years and, in certain cases, plus another 30 years that can be extended. It will also limit concessions to have an activity near the coast to a maximum of 75 years, the economista.es advances.
The Ministry for Ecological Transition is moving forward with the new modification of the General Coastal Regulations to mitigate the impact of the advance of the sea, after the Supreme Court overturned part of the text last January due to a defect during its processing. Therefore, the change is expected to follow the same direction as in the last reform in 2022 and allow the State to expropriate real estate and land in areas where water eats dirt from the land. A controversial action for individuals, businessmen and municipalities in which the court did not enter.
Ernesto García-Trevijano Garnica, managing partner of GTA Villamagna Abogados, explains to eleconomis.es that if a person has an apartment on the beach and the sea level rises, the State will be able to determine that the land on which the property is located becomes within the maritime-terrestrial line and the property becomes public domain.
"Even if the affected person has sentences that say that he is the owner of the apartment, the public domain prevails," says García-Trevijano. Once the transfer is over, the State will be able to do whatever it deems with the property, such as throwing it away. The Constitutional Court ruled years ago and said that it was perfectly constitutional for the compensation to consist of a concession.
"However," García-Trevijano points out, "there are many cases in which the sea has not advanced and there is a change of criteria and they take away your house. One of the great conflicts that exists is the remedies against acts of demarcation. The affected person must be notified that the line passes over their property and can appeal to find out what the geological reason is for the change. However, if the sea has gone inland, it will have less chance of winning because there are technical reasons that justify protecting that area because it is in the public domain due to circumstances over comings," he explains.
The implications for the owner of the State keeping an apartment are several, since when losing the property the Administration will have the last word for any change that wants to be made to it. The owner will have to ask for permission to transfer the concession (here the State has the right of first refusal), but also to mortgage the house or even to carry out a renovation, since the house is not his.
On the other hand, the new Regulation also seeks to unify criteria on what can be done near a beach and avoid the accumulation of people. At present, the urban planning regulations of each city council are the ones that mark the activities and constructions. The text seeks a minimum agreement to standardise the rules and improve the protection of the coasts.
Effects on boardwalks
The situation of the promenades will be the same as for beach bars, apartments or hotels. If the sea level rises, the State may change the demarcation of the maritime-terrestrial zone and determine that part of the promenade ceases to be municipal land and becomes public domain.
Regarding beach bars, the rule that the Supreme Court overturned already established that they had to be single-storey and without a basement to minimise the environmental impact and no changes are expected in this regard.
The new General Coastal Regulation will allow the state to expropriate homes and businesses in coastal public domain.
The government will be able to expropriate flats, hotels, houses and beach bars on the beach and cede the use to the owner for 30 years
The government will be able to expropriate apartments, hotels or beach bars on the beachfront in exchange for ceding their use to the owners for 30 years and, in certain cases, plus another 30 years that can be extended. It will also limit concessions to have an activity near the coast to a maximum of 75 years, the economista.es advances.
The Ministry for Ecological Transition is moving forward with the new modification of the General Coastal Regulations to mitigate the impact of the advance of the sea, after the Supreme Court overturned part of the text last January due to a defect during its processing. Therefore, the change is expected to follow the same direction as in the last reform in 2022 and allow the State to expropriate real estate and land in areas where water eats dirt from the land. A controversial action for individuals, businessmen and municipalities in which the court did not enter.
Ernesto García-Trevijano Garnica, managing partner of GTA Villamagna Abogados, explains to eleconomis.es that if a person has an apartment on the beach and the sea level rises, the State will be able to determine that the land on which the property is located becomes within the maritime-terrestrial line and the property becomes public domain.
"Even if the affected person has sentences that say that he is the owner of the apartment, the public domain prevails," says García-Trevijano. Once the transfer is over, the State will be able to do whatever it deems with the property, such as throwing it away. The Constitutional Court ruled years ago and said that it was perfectly constitutional for the compensation to consist of a concession.
"However," García-Trevijano points out, "there are many cases in which the sea has not advanced and there is a change of criteria and they take away your house. One of the great conflicts that exists is the remedies against acts of demarcation. The affected person must be notified that the line passes over their property and can appeal to find out what the geological reason is for the change. However, if the sea has gone inland, it will have less chance of winning because there are technical reasons that justify protecting that area because it is in the public domain due to circumstances over comings," he explains.
The implications for the owner of the State keeping an apartment are several, since when losing the property the Administration will have the last word for any change that wants to be made to it. The owner will have to ask for permission to transfer the concession (here the State has the right of first refusal), but also to mortgage the house or even to carry out a renovation, since the house is not his.
On the other hand, the new Regulation also seeks to unify criteria on what can be done near a beach and avoid the accumulation of people. At present, the urban planning regulations of each city council are the ones that mark the activities and constructions. The text seeks a minimum agreement to standardise the rules and improve the protection of the coasts.
Effects on boardwalks
The situation of the promenades will be the same as for beach bars, apartments or hotels. If the sea level rises, the State may change the demarcation of the maritime-terrestrial zone and determine that part of the promenade ceases to be municipal land and becomes public domain.
Regarding beach bars, the rule that the Supreme Court overturned already established that they had to be single-storey and without a basement to minimise the environmental impact and no changes are expected in this regard.