Buying property in protected coastal areas of Galicia: Coastal Law regulations

What is the Coastal Law and what does it protect?

Spain's Law 2/2013 on the Protection and Sustainable Use of the Coastline (amending the original 1988 law) regulates the entire Spanish coastline. Its purpose is to protect the maritime-terrestrial public domain (DPMT), which includes beaches, cliffs, territorial waters and adjacent areas. In Galicia, with its 1,498 km of coastline, this law is enormously relevant for anyone buying property near the sea.

The DPMT is inalienable, unattachable and imprescriptible: it cannot be sold, seized or acquired by prescription. If a property invades the DPMT, the State can order its demolition without compensation.

Deslinde: the official coastal demarcation

The deslinde is the administrative procedure by which the Ministry for Ecological Transition (MITECO) officially establishes the interior limit of the DPMT. This determines which lands are public domain and which are private.

In Galicia, the Coastal Demarcation office in A Coruña has completed deslindes in these key areas of the Costa da Morte:

• Fisterra: from Playa de Langosteira to the cape (BOE 2019)
• Muxía: from Playa de Lourido to the sanctuary area (BOE 2020)
• Corcubión: complete deslinde of the coastal town center (BOE 2018)
• Cee: partial deslinde near Playa de Quenxe
• Camarinas: deslinde of the estuary and port area

Essential tip: before buying any coastal property, request the deslinde from the A Coruña Coastal Demarcation office (Avda. Hércules, 1). It is free and can prevent a financial catastrophe.

Easement zones: distances and restrictions

What you can and cannot build

• Within DPMT (inside the deslinde): absolutely prohibited to build homes. Only seasonal removable installations with temporary concessions.
• Protection zone (0-100m): only renovations that do not increase built surface area, height or volume. Maintenance, repair and improvement permitted but no expansion.
• Influence zone (100-500m): construction possible with standard urban authorization plus a favorable Coastal report.

Renovation restrictions on the Costa da Morte

1. Interior renovations: generally permitted (kitchens, bathrooms, flooring) without Coastal authorization
2. Structural renovations: require Coastal authorization if in the protection zone
3. Extensions: strictly prohibited in the protection zone
4. Fencing: no fences blocking public passage in the transit easement zone
5. Swimming pools: prohibited in the protection zone

Risks of buying without verification

• Demolition order: if the property invades the DPMT, Coastal authorities can order demolition
• Renovation ban: if in the protection zone, you cannot expand or structurally renovate
• Temporary occupation: Coastal authorities may require public passage through your land
• No licenses: the town hall cannot grant licenses that contradict the Coastal Law
• Value loss: a property affected by Coastal regulations loses significant market value

Real case: in 2017, the Supreme Court confirmed the demolition of several homes on Playa de Razo (Costa da Morte, municipality of Cabana de Bergantiños) for DPMT invasion. Owners received no compensation.

How to verify a property's compliance

1. Request the deslinde from the A Coruña Coastal Demarcation or via the MITECO electronic portal
2. Check the habitability certificate and first occupancy license at the relevant town hall
3. Verify the nota simple at the Property Registry (may include Coastal encumbrances)
4. Consult the PGOU (General Urban Development Plan) of the municipality
5. Hire a lawyer specializing in coastal urban law

Concessions and pre-existence status

• Administrative concession: the State allows temporary use of the DPMT (maximum 30 years, renewable). Does not grant ownership.
• Pre-existence status: homes built before the 1988 Law that were legalized. Can be maintained but with severe restrictions.
• De-affection: in exceptional cases, the State can remove lands from the DPMT, but this is a lengthy and rare process.

Tips for foreign buyers

1. Never buy without a Coastal certificate: ask the seller for a non-encumbrance report from the Coastal Demarcation
2. Beware of suspiciously low prices: a beachfront home at a bargain price usually has Coastal Law problems
3. Verify real distances: measure from the property to the high tide line yourself
4. Consult your bank: Galician banks like Abanca know these risks well
5. Choose safe areas: inland Costa da Morte towns like central Cee, Vimianzo or Zas have no Coastal Law issues