Coastal law and setback restrictions in the Canary Islands

Spain's Coastal Law (Ley 22/1988 de Costas, amended by Ley 2/2013) treats the shoreline as public domain and imposes easements on adjoining private land. In an archipelago where much of the most valuable property faces the sea, these rules deserve attention from the outset.

The zones

• Public maritime-terrestrial domain: the shoreline itself, which cannot be privately owned.
• Protection easement: generally 100 metres inland from the inner boundary of the shoreline, reduced to 20 metres in certain areas that were urban when the law entered into force.
• Transit easement: a strip, generally 6 metres, that must remain open for public passage.
• Influence zone: a wider area, at least 500 metres, where planning must respect limits on density and building.

Effects on existing buildings

Buildings within the protection easement may face limits on enlargement and change of use. Some properties located in the public domain are held under administrative concession for a limited term rather than as freehold. The 2013 amendment provided for the extension of certain concessions, subject to conditions.

What to check

• The official delimitation line (deslinde), its date and whether a revision is pending.
• Whether the Land Registry entry reflects coastal status.
• The planning classification and any coastal authorisation required for works.
• The history of licences for existing buildings.

Hypothetical scenario: the example below is invented for illustration. It does not describe any real property, project, company or person. A buyer intends to extend a seafront villa. Review shows that part of the house sits within the protection easement, where enlargement is restricted. The buyer adjusts the plan and price before signing, instead of discovering the limit when applying for a works licence.