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PROPERTY

3,600 residents of seafront properties in Spain’s Denia face eviction

Spanish authorities are looking to carry out the eventual expropriation of 100 homes in the Valencian town of Denia, where beachfront properties have become illegal due to amended coastal legislation aimed at addressing Spain's receding beaches.

3,600 residents of seafront properties in Spain's Denia face eviction
Homeowners along Deveses Beach in Denia are to be eventually evicted. Photo: Jorsape / Wikimedia Commons

Some 3,600 residents of 100 properties (apartment blocks and houses) along the beachfront of Les Deveses beach in Alicante province will likely be forced to leave their properties in the future, due to fact that their homes now breach the rules of the Ley de Costas (Coastal Law) and prevent the regeneration of the area, damaged by Storm Gloria in 2020.

Spain’s complicated Coastal Law first came into force in December 1989 to control Spain’s rampant seafront construction and was amended in 2013, 2014 and 2020. It essentially regulates the areas of the beach and coastline that are public and belong to the state and those that are privately owned.

The line that divides the two areas is referred to as the demarcation line, el deslinde. Due to numerous changes to the law and Spain’s receding coastline, beach areas that were once private land have now been reclassified as public land, without the owners being able to do much about it.

Denia is one of the Alicante municipalities that is most affected by the issue, although there are others on the same coastline, with over 10 kilometres of beach.

Spain’s Ministry of Ecological Transition has estimated a further 1,700 homes could suffer the same fate in Denia.

Owners whose properties have already breached the demarcation line are no longer able to refurbish or adapt them, even when they suffer damage from storms that cause the land to regress and the sea to advance.

Denia resident María Amparo Pérez told national broadcaster RTVE she can’t do any work on her property and if for example a part of her garden wall falls, she won’t be allowed to fix it.

“The Spanish government is robbing us,” José Manuel, another affected resident whose beachfront home has been in the family for 45 years, told La Sexta news about their potential eviction.

Despite the outrage shown by affected locals, Alicante’s Coastal Department is likely to give them another 30 years to continue living in their beachfront properties, so the evictions are not imminent.

Some of the affected neighbours have already protested because the satellite images on which the measurements of the line are based were taken in 2020 and the landscape has already changed since then due to rising sea levels.

There are more than 50 associations that exist along the entire Spanish coast which aim to protect both the beaches and the rights of the citizens.

The associations of Playas Norte de Denia (APND) and Playa Deveses-Basot have more than 800 members and warn that “all the residents of Denia are very concerned since, in many cases, this means the loss of ownership of our homes, legally constituted and built more than 100 years ago”.

“They’re taking our properties and offering nothing in return,” Pedro Pastor, Denia representative for the Association of People Affected by Spain’s Coastal Law, told La Sexta.

In the case of Les Deveses beach, the regeneration of the coast will create more than 20 metres of shoreline, but before it’s complete, residents could be “stripped” of their possessions and their properties will go from urban to rural classification, which means they will “not able to get planning permission and, consequently, be subject to confiscation and demolition”, the associations argue.

The general director of coastlines of the local Valencian government Vicente Martínez Mus has promised to fight against the evictions, which he considers to be unfair for those affected.

However, the problem is not simply down to the law and the division of private and public land, climate change is making everything more complicated.

José Serra Peris, Professor of Coastal Engineering at Valencia University explained that “Close to eighty percent of our coastline is receding, some fronts are completely in recession and beaches are at of disappearing… “In some cases, this would also mean the disappearance of infrastructure, residential, agricultural and industrial areas. It must be noted that we are not only losing beaches, we are losing territory, we are losing economic resources”.

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VISAS

Spain’s soon-to-end golden visa: Can I still apply and what if I have it already?

Last April, Spain's government said it intends to axe its property-based golden visa scheme, but is it too late still apply, how long does it take and what happens if you have the visa already? The Local spoke to an immigration lawyer to find out.

Spain's soon-to-end golden visa: Can I still apply and what if I have it already?

The golden visa programme, also known as the visado de residencia para inversores in Spanish, grants non-EU nationals residency in Spain when they buy a property in Spain worth €500,000. 

It can also be obtained by investing €1 million in shares in Spanish companies, or €2 million in government bonds, or having transferred €1 million to a Spanish bank account. 

In early April, Prime Minister Pedro Sánchez announced he was axing the property-based golden visa, although there’s no new law in place yet.

READ MORE: What the end of Spain’s golden visa means for foreigners

More recently the government’s junior coalition party Sumar had said that they have now filed an official bill in the hope they can scrap it as soon as possible.

Sumar spokesperson Íñigo Errejón told journalists that the visas are a privilege that must be scrapped “immediately” because they have an inflationary effect on the housing market.

All of this means that those still interested in still getting the visa are confused. They don’t know when the scheme will end, if they still have time to send in applications and what will happen to those who are already in the process of applying.

In order to help answer some of these pressing questions, The Local Spain contacted María Luisa De Castro from CostaLuz Lawyers in to find out more. 

Q: When will the Golden Visa scheme officially end?

A: “The exact date for the official end of the Golden Visa scheme has not been fully detailed yet. Initially, changes would be implemented in the near future, potentially within the next few months. Some optimists believe it might be a bluff by the government and that it may not be implemented after all.”

READ MORE: When will Spain’s golden visa scheme officially end?

Q: Has the process of applying changed?

A: “As of now, the process remains unchanged, so it’s exactly the same as before.”

Q: Can people still apply for now?

A: “Applications are still being accepted. However, given the recent announcement, it is advisable for prospective applicants to act swiftly.”

Q: What will happen if I’m in the middle of the application process?

A: “For those currently in the middle of the application process, their applications will still be processed under the existing rules. Once the new regulations come into effect, it will very likely come with some transitional provisions to handle ongoing applications.”

Q: What about those who want to invest instead of buy a property?

A: “The visa remains available for other investment options such as investments in companies, public debt, etc.”

Q: What if I already have the golden visa through property investment, will I be able to renew it in the future?

A: “Our opinion (and that is what we will defend) is that renewal rights are acquired when the visa is granted and therefore cannot be subsequently reduced, as this would constitute a retroactive limitation of individual rights. The Spanish Constitution prohibits retroactive application of laws that are not favourable or that restrict individual rights once they have been acquired.”

Q: How quickly can I get the golden visa?

A: This depends on where you apply from. According to the CostaLuz Lawyers, if you’re applying outside the countryYou should apply at least 90 days before you plan to travel to Spain”. If you’re inside Spain, you can apply through the Unidad de Grandes Empresas. This could take anywhere between 20 and 60 days.

CostaLuz Lawyers argue that it’s not necessary to wait until the property purchase has gone through, that you can apply with your initial contract or a statement from your bank in Spain, certifying that you have deposited at least €500,000.

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