Coastal, rustic and protected land risks when buying

Terms used

• Demarcación de Costas — The Demarcación de Costas is the state coastal office that sets and checks the shoreline boundaries and permits in its area.
• Deslinde — The deslinde is the official boundary survey that fixes where public coastal land begins and ends.
• Servidumbre de protección — The servidumbre de protección is the strip inland from the shore where residential building is banned and other uses need authorisation.
• Suelo rústico — Suelo rústico is countryside land where building is heavily restricted and normally limited to farming and similar uses.
• Confederación hidrográfica — The confederación hidrográfica is the river basin authority that grants and registers water rights.
• Vías pecuarias — Vías pecuarias are public livestock routes that can cross private land and cannot be blocked.
• Nota simple — The nota simple is a land registry extract showing the owner, the property details and registered burdens.

Key rules

• Public shore: The beach, foreshore, dunes and cliffs are state-owned and cannot be privately owned.
• Costas concession: A concession lasts up to 75 years, and the buyer takes only the remaining term.
• Rustic land: Housing on rustic land is generally banned unless linked to a farm, and it needs authorisation and a licence.
• Wells: Groundwater is public, so every well needs a registered right from the river basin authority.
• Written proof: Map viewers only inform you; a written certificate from the regional authority is what binds.

Costas servitudes, rustic land limits, water rights and protected zones can restrict what you can use or build. A plot can look perfect and still not allow a house, an extension or a pool. Check these points before you pay any deposit.

Coastal land: who owns the shore

The beach, foreshore, dunes and cliffs are public property. They belong to the state and cannot be privately owned. Inland from there, several strips carry restrictions:

• Protection strip (servidumbre de protección): 100 m inland from the inner edge of the shoreline. In some cases it extends to 200 m. In urban land that was already consolidated on 29 July 1988 it is 20 m. Residential building is banned, and only certain uses are allowed, with authorisation.
• Passage strip (servidumbre de tránsito): 6 m, extendable to 20 m. It must stay free for walkers and surveillance.
• Access (servidumbre de acceso): gives the public, and vehicles, access to the sea.
• Zona de influencia: at least 500 m. Planning here must avoid walls of buildings, provide parking and keep density limits.

The exact lines depend on the boundary survey (deslinde) for the specific plot. Ask the Demarcación de Costas where the lines run on the land you want.

Homes that sit on former private land

Some legally built homes ended up inside public land after a deslinde. Their owners received a concession of up to 75 years instead of ownership. They keep the right to use the home.

• A concession can be sold or inherited. The buyer takes the remaining term and pays the canon (the fee for using public land).
• Works in the public land or protection strip are limited to repair, conservation and improvement. You cannot add volume, height or floor area. Modernisation needs authorisation.
• Buildings put up unlawfully can be ordered demolished.

Before buying, check that the concession is registered and how many years remain. Rules depend on the individual deslinde and concession, so confirm with the Demarcación de Costas.

Rustic land: usually no house

Rustic land (suelo rústico, also called no urbanizable) is governed by regional planning laws, so the rules differ by region. Allowed uses are mainly farming, forestry, livestock and mining, plus some public-interest uses.

• A home is generally banned unless it is linked to a farm. Even then it needs authorisation and a licence.
• Each region sets a minimum plot size for building, and the figures vary widely. A big plot does not automatically allow a house.
• Free-standing homes for residential use, and splitting a plot into smaller ones (parcelación), are often illegal.
• Buildings without a licence can be fined or demolished once the limitation period has passed. That period varies by region.
• Some regions, such as Andalucía and Valencia, have special schemes to regularise existing buildings. Ask whether the building you are looking at qualifies.

Ask the town hall for a planning certificate for the exact plot. The documents below list it.

Wells and irrigation

Groundwater is public in Spain. A well or irrigation use needs a concession or a registered right from the river basin authority (confederación hidrográfica), recorded in the Registro de Aguas.

• Private wells that existed before 1986 could stay private if they were registered in the Catálogo de Aguas Privadas.
• In some cases, taking up to 7,000 m3 a year needs only a simple registration. Larger amounts need a concession.
• The right goes with the land and normally passes on sale. You must notify the confederación of the change of owner.
• An unregistered or illegal well can bring fines and closure.

Ask the seller for the registration certificate. Also check that there is no second, unregistered well on the land. Drought rules and aquifer limits vary by basin, so ask the basin authority about the one that covers the property.

Protected zones and livestock routes

Natura 2000 sites, other protected areas and public livestock routes (vías pecuarias) can limit use or building. The checklist below walks you through the map viewers and who to ask. The viewers are only a guide. Only a written certificate from the regional authority is binding, so get one. A lawyer can request it for you. The nota simple (the land registry extract) may also show some burdens.

Where to go next

The warnings, checklist, documents and common questions below cover the rest. If you are buying, have a lawyer review these points before you sign anything.

Documents you need

• Planning certificate (cédula urbanística or certificado urbanístico) from the town hall, for the exact plot, stating what can be built or lived in on the rustic land.

• Registration certificate for any well or irrigation right, issued by the river basin authority (confederación hidrográfica), showing the right is recorded in the Registro de Aguas or the Catálogo de Aguas Privadas.

• Written confirmation from the regional environment department about restrictions on the land, if it may lie in a protected zone. A lawyer can request it for you.

Checklist

• Get the cadastral reference of the plot from the seller or the Catastro.

• Look up the plot in the Natura 2000 and protected-area map layers, the regional environment viewer and the SIGPAC map.

• Ask the regional environment authority whether a vía pecuaria (public livestock route) crosses the land.

• Ask the Demarcación de Costas whether the plot lies within the public domain or the protection zone, and what the boundary survey (deslinde) says.

• If the home has a Costas concession, check that it is registered and ask how many years remain.

• Ask the town hall for a planning certificate and the regional environment department about restrictions.

What to watch out for

• Coastal land can fall under public ownership: Beach, dunes and cliffs are state-owned and cannot be privately owned. Within 100 m inland of the shoreline, residential building is banned, and a 6 m strip for walking must stay free. Within 500 m, planning limits density. Ask the coastal authority for the boundary survey (deslinde) of the plot before you pay a deposit.

• A coastal home may only carry a concession: Homes that ended up on public land after a boundary survey hold a concession of up to 75 years instead of ownership. Illegally built homes can be ordered demolished. Check the concession registration and the remaining term, and ask the coastal authority before buying.

• Rustic land rarely allows a house: Housing is generally banned unless linked to a farm, and free-standing homes or plot splits are often illegal. Unlicensed buildings can be fined or demolished once the regional limitation period has passed. Get a planning certificate from the town hall for the exact plot, and do not buy on the seller's word that the house is legal.

• A well may not be legal: Groundwater is public, so wells and irrigation need a registered right from the river basin authority. An unregistered well can bring fines and closure. Ask for the registration certificate and make sure the change of owner is notified to the basin authority.

Frequently asked questions

Can I inherit or buy a home that has a Costas concession?

Yes, a concession can be passed on by sale or inheritance, but the buyer only takes the remaining years of the term. The buyer also pays the canon, the yearly fee for using public land. Before buying, check that the concession is registered and what the boundary survey (deslinde) says.

Can I extend or enlarge a home that sits in the Costas protection zone?

No, you cannot make it bigger, because works are limited to repair, conservation and improvement without adding volume, height or surface. Modernising is possible with authorisation. A building put up without a licence can be ordered demolished.

Can I build a house on rustic land if the plot is large enough?

Usually not, because housing on rustic land is generally banned unless it is linked to a farm, and it needs authorisation and a licence. Each region sets its own minimum plot size. Splitting a rustic plot to sell parts is often illegal too.

What happens if the well on the property is not registered?

An unregistered or illegal well can bring fines and closure, so you could lose the water supply. Rights normally pass to you on sale, but the river basin authority must be told about the new owner. Ask the seller for the registration certificate before you sign.