The Ley de Costas (Spanish Coastal Law) is legislation that protects Spain's coastal strip by dividing it into zones with strict property restrictions. For property buyers, this means that properties right by the sea (first line) are often not fully owned but under a temporary state concession, and that renovations in the zone beyond are strictly regulated.
Ignoring this legislation is one of the biggest pitfalls when buying property in Spain. A property may look perfectly fine visually, but legally on Public domain stand, putting your investment at risk.
What is the Ley de Costas and why was it introduced?
The Ley de Costas has been introduced in 1988 (and reformed in 2013/2014) to protect the Spanish coastline from excessive development and ecological damage. The law defines the legal boundary between private property and the state's public domain.
The main mechanism of the law is the Deslinde (the demarcation line). This line defines where the public beach ends and where private property may begin.
Expert Insight: "Many buyers do not realise that the demarcation line can shift over the years due to rising sea levels. What is private land today may be claimed by the state in the future. A thorough legal check is therefore not a luxury, but a necessity."
The 3 Zones of the Spanish Coastal Law (And their impact on your property)
The law divides the coastal zone into three specific areas. Below is the legal status and restrictions for each zone.
1. Public domain (Dominio Público Marítimo-Terrestre)
Location: The beach, the dunes and the strip where the waves come. Property rights: You can here no own the land. The land belongs to the Spanish state.
-
Status of existing homes: Houses legally built before 1988 will not be demolished immediately, but the ownership will be converted into a administrative concession.
-
The Concession: Initially, the state gave a right of use of 30 years. Thanks to the 2013/2014 law change, this term can be extended in many cases to 2063.
-
Risk: After the concession expires, the right of use expires. You may be entitled to compensation, but you lose 'ownership'.
-
Marketability: You can sell the concession right, but the value is significantly lower than with 'full ownership'.
2. Protected Zone (Servidumbre de Protección)
Location: A strip of 100 metres (sometimes 20 metres in urban areas) inland from the demarcation line. Property rights: Private property is allowed, but with heavy restrictions on use and construction.
-
Building restrictions:
-
New construction: Strictly forbidden.
-
Expansion: Existing volumes may not be increased (not in height, not in area).
-
Maintenance: Renovations aimed at hygiene, safety and aesthetics are allowed, subject to prior permission from the state government (Comunidad Autónoma).
-
-
The Transit Zone: The first 6 to 20 metres from the shoreline must remain clear for public passage and emergency services at all times. There should be absolutely no fixed construction (such as a swimming pool or fencing) here.
3. Zone of influence (Zona de Influencia)
Location: The zone up to 500 metres inland. Property rights: Full ownership is allowed.
-
Restrictions: The restrictions here are less strict and are determined by the local municipality (the Plan General de Ordenación Urbana).
-
Points of interest: There are often rules regarding maximum building height and aesthetics so as not to disturb the view of the coastline and avoid "concrete walls" of high-rise buildings.
Why the Spanish notary won't advise you on this
It is a persistent misconception that the Spanish notary verifies whether a property complies with the Ley de Costas. The notary in Spain has a more limited role than in Belgium or the Netherlands; he identifies parties and verifies the title, but performs no urban planning study from.
Your responsibility as a buyer: You should check yourself (or through a specialised lawyer):
-
Whether the property is partly or fully in the protected zone.
-
Whether there is an ongoing file to revise the coastline (Expediente de Deslinde).
-
Whether all extensions have been legally registered in the past.
Read more about buying safely in Spain.
Frequently asked questions about the Ley de Costas (FAQ)
The questions below address the most common uncertainties about real estate on the Spanish coast.
Is my house illegal if it is in the protected zone?
Not by definition. If the dwelling was built with a valid permit before the Ley de Costas (1988) came into force, it falls under a transitional regime. The dwelling is legal but 'out of planning permission'. This means that you may keep the dwelling but not extend it.
Can I build a swimming pool in the 100-metre zone?
In most cases, it is not. Constructing a swimming pool is seen as increasing the volume or changing the use of land, which is prohibited in the Servidumbre de Protección. Existing, illegal swimming pools are at risk of a demolition order.
What happens to my concession after 2063?
Currently, the law stipulates that the right of use ends. Unless the law is changed again in the future, the property reverts to the State. It is crucial when buying 'first-line' property to include the remaining term of the concession as a valuation factor.
How do I know if a property is affected by the Coastal Act?
This is not always clearly stated in the property register (Note Simple). You should request a specific certificate from the Demarcación de Costas or get a lawyer to carry out a 'due diligence' study, laying the cadastral plans over the deslinde maps.
About the author: Glenn Janssens is a lawyer specialising in Spanish real estate transactions and tax regulations. Since 2017, he has been helping Belgian and Dutch individuals and entrepreneurs safely purchase and structure real estate in Spain. He guides files from A to Z: from due diligence, ownership and tax control to estate planning and optimisation for residents and non-residents. Thanks to his years of experience, hundreds of handled files and focus on transparent communication, Glenn makes complex Spanish legislation understandable and practically applicable for every property buyer.
