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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 67. Coast Act...: some reforms needed.
Monday, April 13, 2009 @ 11:43 AM

 

The Coast Act provides that on sea banks areas there can be no private property, and identifies an area of 100 meters ( zone of protection)  from the shore on which building is prohibited and where the houses built are subject to limitations.  In urban zones this area is at least of 20 meters. This  Act also establishes a zone of influence of 500 meters (zone of influence)  from the inner margin of the sea bank area  which can be urbanised while avoiding the formation of built-up areas and architectural screens.
 
 
To determine which areas are maritime-terrestrial public domains, the Administration carried out a demarcation. In this procedure, an expert determines the lines of division of private and public domain. If there are houses within the public area, regardless of the time they have been there, even if prior to the enactment of law, owners may lose their property. These owners also have the option of stay as users of the house for 30 years extendable for  another 30.
 
Legal advise tip of today: The revision of the character of the land needs to be done by an expert, as none the Land Registrar or Notaries may be aware of the public character of the land you are buying and for which you will be paying a large sum of money.
 
The National Platform of People Affected by the  Coast Act  estimated that around 15% of those injured were foreign citizens, mostly retirees Europeans. They have just worded what it can be the reform of the Coast Act where they basically propose the revision of :
 
- The two definitions of  zone of inflcuence and zone of protection.
- The prohibition of retroactivity
- Enough compensation for good will buyers of illegal houses. 
 
Maria
 
 
 
 
 
Sunset in La Barrosa, Chiclana, Cádiz by Sergi Gisbert at Flickr.com
 


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