Coastal Law: Land near the sea in Mallorca

Logically, the most sought after plots of land on the Islands are those near the sea. It is thought that there is a risk involved in their purchase, when, in reality, if they are classified as urban, the protection does not make them unbuildable, but it is necessary to take advice in order to comply with a series of conditions imposed by the Coastal Law.

The purpose of the aforementioned Law is to regulate the use of these properties, in accordance with their nature, their purposes and with respect for the landscape, the environment and the historical heritage. As well as achieving and maintaining an adequate level of water quality and, in general, the determination, protection and use of the maritime-terrestrial public domain, guaranteeing the public use of the sea, its banks and the rest of the maritime-terrestrial public domain, with no exceptions other than those derived from duly justified reasons of public interest.

The protection will cover an area of 100 metres, measured inland from the inner limit of the seashore. The extension of this zone may be extended by the State Administration, in agreement with that of the Autonomous Community and the corresponding Town Council, up to a maximum of a further 100 metres, when necessary to ensure the effectiveness of the easement, taking into account the peculiarities of the stretch of coast in question.

The use of the maritime-terrestrial public domain and, in any case, of the sea and its shore shall be free, public and free of charge for common uses in accordance with its nature, such as walking, sitting, bathing, sailing, embarking and disembarking, beaching, fishing, taking plants and shellfish and other similar acts which do not require works and installations of any kind and which are carried out in accordance with the laws and regulations or rules approved in accordance with this Law.

The Coastal Law also provides for the possibility of carrying out a series of works in such protected areas, such as swimming pools or terraces, as well as the installation of seasonal facilities in catering establishments (tables, chairs, umbrellas and other elements of their own).

Planning regulates the urban development of each municipality, within the framework established in the higher-level land-use planning instruments. Such municipal urban planning has different typologies and modalities: general plans, partial plans, special plans.

Although most of the planning is elaborated and promoted by the corresponding town council, normally there is a process of definitive approval that corresponds to the organs of the Consell de Mallorca, which have the function of evaluating the legality of the proposal.

For further information please do not hesitate to contact us.


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