Supreme Court Overturns Decree Affecting Beach Bars with Basements
The Supreme Court, in a ruling with two dissenting votes out of the five members of the Chamber, has annulled Royal Decree 668/2022. This decree had modified the General Regulation of Coasts, a change that, among other things, expressly prevented beach bars from having a concrete basement and more than one floor.
Changes to the General Regulation of Coasts
In 2022, the government of Pedro Sánchez modified the General Regulation of Coasts of 2014, from the era of Mariano Rajoy, and introduced some changes aimed at protecting the beaches. Among them, it included the express prohibition of beach bars having fixed installations, as well as a basement and a height of more than one floor. The changes were made through Royal Decree 668/2022, which has now been annulled by the Supreme Court following a complaint from businessmen in Formentera over the boundaries.
Reason for the Ruling the Beach Bars with Basements
The reason given for the ruling is that the public consultation process was omitted, which they consider necessary. However, only three of the five judges hold this view, as the other two have issued a dissenting vote in which they see the annulment as disproportionate and recall that there was “broad citizen participation”.
Impact on Marbella and the Costa del Sol
Although the controversy originates from the Balearic Islands, the impact is significant in Marbella and the Costa del Sol as it removes the beach protection that was included in 2022. The High Court, therefore, reopens the door to beach bars with a basement and more than one floor, in line with what the sector’s businessmen want, who were against the measure that limited them.
Return to the 2014 Regulation
The 2014 regulation, which is now back in force, does not authorize this type of installations on the beaches, although it does not expressly prohibit them, something that the 2022 regulation did. Even before the change, environmental groups were making allegations to the projects, but they were not taken into account by the Board, which is the one that grants the authorizations.
Waiting Period and Possible New Regulation
A waiting period now opens, while the Government perhaps proposes a new regulation, and which businessmen can take advantage of to apply for concessions. The 2014 law already talks about beach bars having removable elements, something that can be interpreted as incompatible with a concrete basement, despite which they were allowed.
Next Steps for the Ministry of Ecological Transition and the Board of Andalusia
The ball is now in the court of the Ministry of Ecological Transition and also in that of the Board of Andalusia.
