Key data
| Regulation | Order TRM/984/2026, of September 1 |
|---|---|
| Publication | September 22, 2026 |
| Entry into force | September 22, 2026 |
| Affected parties | Port Authority of Avilés, Principality of Asturias, Acciona Construction and companies with activity in the port |
| Category | Regulatory Changes |
| Year | 2026 |
| Base agreement | 2024 Agreement between Principality of Asturias, Puertos del Estado, Port Authority, Municipality of Avilés and Acciona Construction |
| Affected roads | AS-328 and AS-329 |
| De-designated plots | Las Canteras and Dunas de San Juan |
Avilés Port debuts a new delimitation of its spaces and uses as of September 22, 2026. The Order TRM/984/2026 approves the substantial modification of the port's terrestrial service area, executing the commitments of the 2024 Agreement signed by five administrations and Acciona Construction. The result is a different port map: new surfaces enter, others leave the public port domain, and several uses change category.
For companies with activity in the port, this is not a minor administrative procedure. It affects land ownership, permitted uses in different areas and the relationship between port space and the city. Any concession, authorization or ongoing project must be contrasted with the new delimitation.
What does this regulation establish?
The Order articulates four major blocks of changes at Avilés Port:
| Change | Detail |
|---|---|
| New incorporated surfaces | Land derived from the change in route of roads AS-328 and AS-329, which are integrated into the port's terrestrial service area |
| Exclusion of private land | Private land that was included in the port reserve area is removed from it |
| De-designation of plots in Las Canteras | Pass to the patrimony of the Port Authority of Avilés |
| De-designation of plots in Dunas de San Juan | Pass to the public maritime-terrestrial domain, according to their nature |
| Reassignment of uses | Areas previously intended for port-city interaction pass to complementary port use |
The file received favorable reports from five bodies: Ministry of Defense, Ministry of Interior, Ministry of Industry, Ministry of Finance and the General Directorate of Coast and Sea. This inter-ministerial support strengthens the legal soundness of the modification and reduces the risk of challenge.
The legal framework of reference is the 2024 Agreement signed between the Principality of Asturias, Puertos del Estado, the Port Authority of Avilés, the Municipality of Avilés and Acciona Construction. Order TRM/984/2026 is the regulatory materialization of that agreement.
Economic and operational impact
The regulation does not set direct economic amounts, but its operational consequences are relevant for several actors:
- Land that changes legal regime: The plots in Las Canteras cease to be public port domain and pass to the patrimony of the Port Authority. This changes the conditions under which they can be managed, leased or transferred.
- Dunas de San Juan to public maritime-terrestrial domain: These plots fall outside the port scope and under the management of Costas. Companies with any activity or expectation regarding that area must recalibrate their plans.
- New available surfaces: The incorporation of land freed by the change in route of roads AS-328 and AS-329 expands the service area. This may open opportunities for new concessions or facility expansions.
- Change of use in functional areas: Areas previously classified as port-city interaction pass to complementary port use. This may restrict or modify permitted activities in those areas, affecting companies operating under the previous classification.
- Exclusion of private land from the port reserve area: Private properties that were "trapped" in the port reserve area are freed from that burden. Their owners recover full availability over them.
Who is affected?
- Port Authority of Avilés: Receives the plots in Las Canteras in its patrimony and manages the new delimitation of the service area.
- Principality of Asturias: Signatory party to the 2024 Agreement that gives rise to this modification; involved in road reorganization (AS-328 and AS-329).
- Municipality of Avilés: Signatory to the 2024 Agreement; the port-city interaction areas that change use affect municipal urban planning.
- Acciona Construction: Signatory to the 2024 Agreement; company directly linked to the works and transformations that motivate this reorganization.
- Concessionaire companies in the port: Any company with a concession or authorization in areas affected by the change of use or new delimitation must review its situation.
- Private owners of land in the former reserve area: Recover full availability over their properties by being excluded from the public port domain.
- Companies with activity in Las Canteras or Dunas de San Juan: The change in legal regime of these plots may alter the conditions of their activity.
Practical example
A logistics company operating on a plot classified until now as a port-city interaction area finds that, after Order TRM/984/2026, that area passes to complementary port use. Depending on the specific activity, this change in classification may:
- Require a new authorization or adaptation of the existing concession to the new use category.
- Expand or restrict activities permitted on that plot according to the complementary port use regime.
- Require negotiating with the Port Authority the updated conditions of occupation.
Similarly, a private owner whose land was included in the port reserve area—with the limitations that entails—now recovers full availability over their property, allowing them to sell it, lease it or develop it without the restrictions of the port regime.
What should companies do now?
- Identify if their land or concessions are in the affected areas: Contrast the location of facilities, concessions or authorizations with the new delimitation approved by Order TRM/984/2026, especially in Las Canteras, Dunas de San Juan and areas previously classified as port-city interaction.
- Review the applicable legal regime: If land has changed from public port domain to Port Authority patrimony or to public maritime-terrestrial domain, the conditions of use, lease and authorization are different. Consult with a legal advisor specialized in port law.
- Contact the Port Authority of Avilés: To confirm the updated status of concessions or authorizations in areas with change of use, especially those passing to complementary port use.
- Evaluate opportunities in new surfaces: Land incorporated by the change in route of roads AS-328 and AS-329 may generate new concession possibilities. Explore with the Port Authority if there are open or planned procedures.
- Update project planning: Any investment, expansion or development project in Avilés port area must be reviewed in light of the new delimitation before advancing in procedures or contractual commitments.
Frequently asked questions
What plots are de-designated from the public port domain at Avilés Port?
Order TRM/984/2026 de-designates plots in two areas: Las Canteras, which pass to the patrimony of the Port Authority of Avilés, and Dunas de San Juan, which pass to the public maritime-terrestrial domain according to their nature. Each area has a different legal destination, which implies different management and use regimes.
What happens to private land that was in Avilés port reserve area?
The Order expressly excludes them from the reserve area. Their owners recover full availability over that land, without the restrictions imposed by the public port domain regime. The regulation does not indicate any additional mandatory procedure for owners, but it is advisable to verify the registration status with legal advice.
Why are new surfaces incorporated into Avilés port with this order?
The new surfaces come from the change in route of roads AS-328 and AS-329. When the route of these roads is modified, the freed land is integrated into the port's terrestrial service area, expanding the space available for port activities.
What does the change of use from port-city interaction areas to complementary port use mean?
Areas previously classified for port-city interaction activities pass to have complementary port use. This implies that permitted activities are oriented more towards functions supporting port operations. Companies with activity in those areas must review whether their activity remains compatible with the new classification and, if necessary, adapt their concession or authorization.
What bodies have validated this modification of Avilés Port?
The file received favorable reports from five bodies: Ministry of Defense, Ministry of Interior, Ministry of Industry, Ministry of Finance and the General Directorate of Coast and Sea. This inter-ministerial support provides legal soundness to the modification.
Official source
Consult complete regulation in official source
Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-19681