Spanish Coastal Law new draft will improve legal certainty for EU citizens owning properties on the Spanish coast

The European Commission has expressed its satisfaction with the commitment of the Spanish authorities to improve legal certainty for European citizens who purchased a property on the Spanish coast. This decision follows numerous complaints received from both Spanish citizens and citizens from other Member states who own properties in Spanish coast.

According to the preliminary draft law to amend the Coastal Law of 1988 concession periods for the affected property owners will be extended from 30 years to 75 years. These properties, which according to the Coastal Law are placed in public domain zones, will be able to be sold as long as permission is granted by the authorities, and will also be entitled for certain renovation work while the structure and characteristics of the property are not significantly affected.

A better information to the owners will also be ensured by providing them with a clear demarcation of protected areas in order to determine whether they properties are affected or not by these provisions. These lines of demarcation will be published on the website of the Spanish Ministry of Environment.

A high number of citizens from different EU countries who, under the right of free movement, purchased properties in the coast of Spain were actually directly affected by these provisions. The reviews now envisaged in the preliminary draft law are therefore a response to the successive calls made by the European Commission since 2010 to ensure that the rights of these citizens were fully respected. In this line, the Petitions Committee of the European Parliament decided in June 2011 to request additional information from the Spanish authorities on the implementation of the Coastal Law.