New construction in coastal area suspended: what developers must do

Key data

If you have a real estate development or property in a coastal area and want to register new construction, this resolution directly affects you. The General Directorate of Legal Security and Public Faith (DGSJFP) resolved on January 19, 2026 an appeal against the qualification of the Property Registry of Laredo-Ramales de la Victoria, confirming the suspension of the registration of a deed of declaration of new construction and horizontal division due to possible invasion of the maritime-terrestrial public domain or the coastal protection servitude zone.

The message is clear: without prior coordination with the Coastal Administration and without the corresponding certification, no new construction in a coastal area can access the Property Registry.

What does this regulation establish?

The resolution addresses an appeal filed against the qualification note of the property registrar of Laredo-Ramales de la Victoria, who suspended the registration of a deed of declaration of new construction and horizontal division for two specific reasons:

• Possible invasion of the maritime-terrestrial public domain.
• Possible invasion of the coastal protection servitude zone established by the Coastal Law.

The DGSJFP confirms that the registration qualification is correct and that developers and owners in areas near the coast have the obligation to prove to the Registry that their buildings do not invade any of these two protected spaces before being able to register the construction.

To do this, it is essential to obtain a certification from the Coastal Administration that proves that the building is outside the public domain and servitude zones. This requirement is not new, but the resolution reinforces its practical application and the registrar's obligation to verify it in every real estate transaction in a coastal area.

Economic and operational impact

The suspension of the registration of new construction has direct economic and operational consequences for developers and owners:

• Sale blockage: Without registration, it is not possible to transfer the property with full legal guarantees or prove ownership to third parties.
• Inability to mortgage: Financial entities require registration to grant mortgages on properties. Unregistered new construction cannot be financed with a mortgage.
• Paralysis of horizontal division: In this specific case, the suspension also affects horizontal division, which prevents the individual sale of units (apartments, commercial spaces, garages) until the situation is resolved.
• Additional management costs: Obtaining Coastal Administration certification requires coordination with the Administration, which can take weeks or months of additional processing and unforeseen management costs.
• Risk of nullity or demolition: If it is finally proven that the building invades the maritime-terrestrial public domain, the consequences can go far beyond registration blockage, including possible demolition of the construction.

Who does it affect?

• Real estate developers with projects in coastal or near-coastal areas.
• Individual owners who want to register new construction or expansion in a coastal area.
• Notaries who authorize deeds of declaration of new construction in areas near the sea.
• Lawyers and real estate advisors who manage operations on the coast.
• Financial entities that finance developments in coastal areas.
• Buyers of beachfront properties who need to verify the registration status of the property.

Practical example

A developer in Laredo (Cantabria) builds an apartment building on the beachfront and executes a deed of declaration of new construction and horizontal division before a notary. When presenting the deed at the Property Registry of Laredo-Ramales de la Victoria, the registrar issues a qualification note suspending registration because it has not been proven that the building does not invade the maritime-terrestrial public domain or the coastal protection servitude.

The developer appeals to the DGSJFP, which in its resolution of January 19, 2026 confirms the suspension. To unblock the situation, the developer must:

1. Request from the Coastal Administration (corresponding Coastal Demarcation) a certification proving that the building does not invade the public domain or the protection servitude.
2. Provide such certification to the Property Registry along with the deed.
3. Only then can registration and individual sale of the apartments proceed.

Until this situation is resolved, the developer cannot sell or mortgage any unit of the building with full registration guarantees.

What should companies do now?

1. Review all projects in coastal areas: Identify if you have new construction or expansions pending registration in areas near the coast. Proximity to the sea is not the only criterion: the protection servitude can extend up to 100 meters from the maritime-terrestrial public domain.
2. Request Coastal certification before executing the deed: Before going to the notary, contact the competent Coastal Demarcation and request the certification proving that the building does not invade the public domain or the protection servitude. Incorporating this procedure in the preliminary process avoids registration suspensions.
3. Coordinate with the notary: Inform the notary authorizing the deed of declaration of new construction of the need to provide Coastal certification. Some notaries already require it ex officio, but not always.
4. Verify the status of already-built unregistered works: If you have buildings in a coastal area that are not yet registered in the Registry, check if you have Coastal certification. If not, process it as soon as possible to avoid blockages in future operations.
5. Seek advice from a Coastal Law specialist: If Coastal certification is not favorable or there are doubts about the limits of the public domain, consult with a specialized lawyer before continuing with the operation.