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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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BARCELONA

Can Barcelona really ban all Airbnbs?

Barcelona’s mayor recently announced plans to get rid of all tourist flats in the next four years as a means of controlling rent hikes. It’s the most drastic measure so far in Spanish cities’ battle against Airbnb - but will it actually happen?

Can Barcelona really ban all Airbnbs?

In late June, Barcelona mayor Jaume Collboni made national headlines when he announced plans to revoke the licence of more than 10,000 tourist apartments in the Catalan capital. 

It would “be like building 10,000 new homes,” Collboni argued, alluding to Spain’s need to build huge amounts of social housing to counteract the shortage and price rise of regular long-term rentals for locals. 

Tourism’s impact on Barcelona and the subsequent animosity from residents has been around for over a decade, whereas in other places where anti-mass tourism protests have been held, such as Málaga and Canary Islands, it’s a more recent phenomenon. 

READ ALSO: ‘It kills the city’ – Barcelona’s youth protest against mass tourism

So it’s perhaps no surprise that the Catalan city is the first place in the country to truly aim at cutting out tourist apartments altogether. 

Spain’s Housing Minister Isabel Rodríguez has lauded Collboni’s “bravery” in the fight against the proliferation of tourism lets (up by 60,000 new Airbnb-style beds in just a year in Spain). 

However, there are plenty of voices which oppose the move to make Barcelona holiday let free.

“It’s unconstitutional,” Marian Muro, president of Barcelona Association of Tourist Apartments, told business daily Expansión.

“What Barcelona City Council is doing is expropriating the rights of the holders of tourist licences,” she claimed. 

Apartur is planning legal action against the measure on three levels: through the Constitutional Court, the administrative court and the Court of Justice of the European Union (CJEU).

According to Muro, Collboni knows that the legislation he’s promised will be “revoked”, and criticises that “no analysis or study has been provided” to justify the move. 

Her association has also told the Spanish press that Barcelona stands to lose “up to 40 percent of its tourists” with said blanket ban.

Collboni’s right-hand man Jordi Valls, in charge of economy and tourism at the city council, has openly admitted that “it’s clear that there will be a legal battle”, adding that “sectors linked to tourist flats appeal to compromise but also threaten legal battles”.

“Amsterdam and New York are doing it, all cities impacted by tourism are trying to get residential harmony to exist again,” Valls told national radio RNE. 

The key for him is to strike a balance between housing being a “financial asset” and serving a “social function”.

“We can’t give up on controlling it,” Valls concluded.

Crucially, the Barcelona councillor has said that since the tourist apartment ban was announced on June 21st, the sale of flats with tourist rental licences has fallen, something also reported in Catalan daily El Periódico, which stated that such sought-after properties were selling for €100,000 above the standard appraisal. 

For economics professor at Barcelona University Gonzalo Bernardos, tourist flats don’t represent enough of Spain’s housing market for a ban to have a sufficient impact.

“Eighty percent of tourist flats in Catalonia are owned by people with just that flat”, Bernardos claimed on La Sexta, so the ban would not have a great impact on “large investment funds or people who want to speculate” with property prices.

READ ALSO: VUT, AT or VV? Why Spain’s holiday let categories matter to owners

Barcelona’s progressive revocation of tourist let licences until 2028 may be endorsed by local and national authorities currently, but it will be a struggle for them to win the many legal battles they are set to face in the coming years from groups with financial interests in the Airbnb market.

Last year, the European Parliament approved new data-sharing rules that clamp down on illegal short-term rentals, as a means of protecting residents of European cities who face shortages of affordable housing.

However, EU lawmakers have not yet considered a blanket ban on Airbnb. 

The EU Charter of Fundamental Rights does state that “The use of property may be regulated by law in so far as is necessary for the general interest”, but completely eliminating the right of Spaniards and Europeans to let out their homes to tourists will be a monumental task. 

READ ALSO: Good tourists, bad tourist – How to travel responsibly in Spain

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