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BOE-A-2026-11116 ·23 May 2026 ·Resolution Low impact
Tax

Property developers: ruling on the registration of new builds in coastal easement zones

The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against the suspension of the registration of a deed for new construction and horizontal division. The dispute arises from the potential encroachment on the maritime-terrestrial public domain or the protection easement zone in Laredo. The Registrar suspended the registration after receiving a certification from the Coastal Authority raising doubts regarding the building's location relative to the coastline.

In 2 key points

  1. Suspension of registration due to potential encroachment on the maritime-terrestrial public domain or easement zones (Hechos I)
  2. Certification from the Coastal Authority regarding the potential impact of transit and protection easements (Hechos I)

How it affects those involved

For the development company (Arlare 2000, SL), the ruling affects the ability to register the horizontal property of twelve single-family homes. The primary risk lies in the potential impact of transit or protection easement zones on the plots, which conditions the full registered ownership of private elements. The legal certainty of the investment depends on the alignment between the Coastal Authority's certification and the physical reality of the construction.

Lifecycle

2026-05-23PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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