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|  Owners loose 2,626 Dwellings in Torrevieja
Owners loose
2.626 dwellings in Torrevieja
1.200 properties in the first beach line, and another 1.426 in the second line, have been left outside the urbanistic planning due to a new drawing of the beach line in Torrevieja. The decision has been taken by the general directorate of the coasts in the Ministry of the Environment, after 13 years of procedures. One can assume that the present decision will receive new protests.
The properties are situated on a stretch of almost 4 kilometer from the northern part of Cabo Cervera to the channel of La Mata, in the area of Torrevieja called Playa de La Mata, in a depth of 100 meter from what has been so far considered the beach area.
Right of use
The owners of the properties will have the right to use their dwellings for 30 years, with a possible extension for another 30. But they are not permitted to extend or improve the properties, just to maintain them in the present form. A clause will be added to the registration of the title deeds in the property register, to inform anyone interested about the situation. This means that the properties will be difficult to sell.
The town hall of Torrevieja protested against the new beach line when it was first presented, but accepted it in 2002, after some corrections were introduced. One of the main reasons for the situation is the lack of proper planning in the Torrevieja town hall over the years.
The law on the Coasts
In July 1988 was introduced the new law on the coasts, opening up for a new drawing of the coast line where the “zona maritime” had been invaded by local planning, or by construction outside even the local plans.
The good intentions of the plan were to protect the public dominion on the coast. In the motivation for the law was mentioned that of the 7.880 kilometers of coast, 24% consisted of beaches, with a surface of 13.560 hectares belonging to the state. Even at the time (1988) of approving the law, 35% of the total population was living within 5 kilometers of the shoreline, with a density 4 times higher than the national average. In addition comes the tourist, to 85% concentrated along the coasts.
The beach zone (dominio publico maritime-terrestre) is marked by the blue concrete pillars that you find all along the coast. In this zone can never be any private property, only concessions for specific uses and limited time periods (beach-restaurants, letting of hammocks, etc.). But there are also limitations on properties that border the beach zone. They are:
Servidumbre de transito (servitude of passage) of 5 meter, that may be extended to 20, that must always be free for passage of pedestrian and vehicles of inspection and salvage.
Servidumbre de acceso al mar (servitude of access to the sea) that serves to give the public free access to the beaches. The distances between such passages for pedestrian must not be over 200 meter, for cars not over 500 metres.
Servidumbre de proteccion (Servitude of protection): A band of 100 meter from the beach zone, that may be extended to 200 meter, prohibited for residential use, electricity masts, interurban roads with heavy traffic, publicity and emptying of not cleaned sewage. Exempt are areas approved as urban before the law took force, where this band may be only 20 meter.
Servidumbre de salvamiento: (Servitude of salvage): The first 20 metres of the protection zone, to be used for operation of salvage from the sea.
Zona de influencia (influence zone): 500 meter from the beach zone where the law establishes certain limitation on urbanistic development.
Still 3000 kilometer to settle
Today, 17 years after the law on the coast took effect, almost 3000 kilometer of the coast remains to be settled, of the 7.880 existing. This is done by what is called “deslindes”, where the experts of the ministry draw up what they think is the correct beach line. Then the result of the “deslinde” is presented to the municipalities and other parts of the public administration and is placed on public exposition so that all persons affected can state their opinion. It is a process taking long time.
In some cases the authorities decide to tear down construction made in the beach zone. Many will remember the dynamiting of a modern hotel on a beautiful beach of the province of Cadiz. Or they give the owners the right to use their properties for 30 years, even with an extension for another 30.
Placing dwellings in the beach zone by way of a “deslinde” is not considered an expropriation. The administration considers that the properties should not have been built in the first place, since they are situated on public land.
Careful when buying close to beaches
A new buyer should be careful when intending to buy a property close to the beach. Sometimes an owner knowing that a procedure of “deslinde” is intended in the area where his property is situated, will want to “sell the problem” before it becomes public. Some owners even try to sell after the “deslinde” has been made and an encumbrance registered on the property in the property register.
Any well informed buyer will find out about this by asking for an updated “nota simple” from the property register and requesting the town hall for an “informe urbanistico”. If you are using a real estate agent or a lawyer in the purchase, make sure that they have got the two important documents.
And how is the situation if you buy from a promoter, that can display to you that the area where he is to build, or is at present building, has been marked for such construction in the general plan, and that he even has the building permit from the town hall?
Read the paper headed “Permiso de obra” well. Some promoters will show you a paper with such a heading and the stamp of the town hall, while it in reality only is an application for a building permit. Ask for an “informe urbanistico”.
And if you buy an apartment in the beach zone, make absolutely sure to get the “Guarantee of termination” from a bank or insurance company, giving you back the money paid in, with interests, if your apartment is not finished at the time indicated in the purchasing contract. Then the bank will have done all the investigation for you!
Demolition of hotel in Almeria
The Minister of the environment, Cristina Narbona, has initiated a process of demolition against the massive hotel under construction in the municipality of Carboneras, Almeria, for having been built partly in the beach zone. The hotel, with 22 floors and 400 rooms, has a building permit from the town hall.
Thousand dwellings in Albufureta, on the northern coast of Alicante municipality, are also in the danger zone. They were built very close to the beach with permits from the Franco administration. |
