Buildings in Areas of Rights of Way

Buildings in Areas of Rights of Way: Modification of the Coastal Law

Real Estate and Tax Law – Balearic Islands

The 2013 reform of the Spanish Coastal Law (Ley 2/2013, de protección y uso sostenible del litoral y modificación de la Ley 22/1988, de Costas) introduced one of the most relevant changes for properties located in coastal protection and rights-of-way areas.

This modification, particularly in its Fourth Transitional Provision, clarified the conditions under which certain construction and renovation works can be carried out on existing buildings located within these protected coastal zones.

Below, the Frau Legal real estate law team explains what property owners and investors in the Balearic Islands should know about this regulation.

1. Works allowed in coastal right-of-way areas

According to the Coastal Law reform of 2013, it is possible to carry out repair, improvement, consolidation, or modernization works on buildings located within the transit rights-of-way area, as long as these works meet the following conditions:

They do not increase the volume, height, or built surface of the existing property.
The works are justified and approved by both the State Administration and the competent department of the Autonomous Community (in this case, the Government of the Balearic Islands).
A “responsible declaration” must be submitted, certifying compliance with energy efficiency and water-saving requirements.

This declaration, regulated under Royal Decree 235/2013, must demonstrate that:

The building’s energy rating improves by at least two letters, or reaches a B rating on the official scale.
These improvements are backed by a valid energy efficiency certificate.

Once submitted and authorized by the urban planning department, the owner can proceed with the approved works.

2. Conditions and restrictions on works

The law sets out a series of clear limitations and obligations for properties located in these sensitive coastal zones:

Buildings and improvements on public domain land must be demolished at the end of the concession period.
In transit rights-of-way areas, any intervention requires a favorable report from the State Administration, guaranteeing the maintenance of the public right of passage.
For expropriation purposes, any value increase resulting from renovation or improvement works will not be taken into account.

3. Reduction of the protected right-of-way area

The 2013 reform also modified the width of the protected coastal right-of-way area:

In certain developed areas (those that were already urbanized before 1988 but not officially classified as urban), the protection area was reduced from 100 meters to 20 meters.
However, this reduction does not apply to undeveloped or natural zones, which continue to be fully protected.
Any new constructions or rebuilds after demolition must strictly comply with the current Coastal Law regulations.

4. Legislative intent: sustainability and preservation

The reform’s underlying purpose is clear — to balance environmental protection with the preservation of existing buildings.

By allowing improvements that enhance energy performance and reduce environmental impact, the law promotes sustainable renovation instead of uncontrolled development.

This means that while new construction remains heavily restricted, owners can modernize and maintain their properties to prevent deterioration and ensure compliance with environmental standards.

5. Practical advice for property owners in coastal zones

If your property is located within a coastal right-of-way or protection zone, before starting any works you should:

Consult a lawyer specialized in Coastal and Urban Planning Law to assess the property’s classification and restrictions.
Request a cadastral and registry report to verify its exact coordinates and whether it falls within the protected area.
Prepare an energy improvement project and obtain the corresponding energy certificate.
Submit a responsible declaration and obtain authorization from both the State Coastal Department and the regional planning authority.

At Frau Legal, our lawyers assist both residents and foreign investors in assessing, regularizing, and improving coastal properties in accordance with Spanish law.