The government is stepping on the gas to close the coastal law and legalize thousands of chibius.

PalmWhile the legalization of irregular housing on rural land is moving forward thanks to the Simplification Law, the other amnesty promise made by the People's Party (PP) during the election campaign—constructions on the coast—is in a rut. The text of the future coastal law has not yet reached Parliament, despite being a priority for Prohens, and the government had to find a replacement this summer for the former Director General of Coasts, Carlos Simarro, who has entered Congress as a deputy, replacing Sandra Fernández.

Sources close to the government confirm that, when Simarro's decision became known (in July), the process was set in motion to find a new Director General. Despite reports of a firm offer from the former mayor of Pollensa, Tomeu Cifre, the reality is that this maneuver did not have unanimous support within the government or the PP. Informed sources have explained to ARA Baleares that the General Directorate of Coasts now has a new head, whose name has not yet been revealed. The replacement of Simarro on the Board of Directors of the Port Authority (APB) by Pollença native David Alonso also contributed to the confusion—Alonso will supplement his assignment as a PP councilor for Pollença with the allowance for attending the APB Board of Directors, which amounts to around 1,000 euros per meeting.

Among other issues, the new director general will have to tackle the drafting of a coastal bill "with a face and eyes," according to government sources. Because thousands of owners of chibius, businesses, and coastal cottages are seeing how the State continues to pressure them to put an end to many illegalities, and the regional regulation they were promised is not forthcoming. For now, the text prepared by the Ministry of the Sea and the Water Cycle has remained a draft, which has, however, already completed the initial public information process. Now, Carlos Simarro's replacement must complete the process of incorporating amendments, completing all phases until it reaches Parliament.

Sources close to the Executive confirm that Simarro, who still appears on the Ministry of the Water Cycle's website as Director General, took advantage of Marga Prohens' appointment of Fernández as Minister of Social Affairs to secure a more comfortable position in the Lower House and leave a Prohens-made direction for thousands of owners of small houses and businesses on the coast, which involves fighting to save the buildings even if they don't have government permits.

A mainstay of the electoral campaign

Marga Prohens focused part of her electoral strategy on coastal cottage owners and business managers. In 2022 and 2023, Prohens met with residents and potential voters in Formentera and Menorca to address their concerns about coastal regulations. In Formentera (February 2023), she promised that, if she governed, regional regulations would protect the island's uniqueness, including the possibility of creating its own delimitation that would provide legal security for restaurants, bars, and chibius. According to Prohens, the state regulations had generated "insecurity and arbitrariness" for local businesses and properties.

In Menorca (October 2022), Prohens met with residents affected by the new state coastal regulations, which she criticized. He also assured that the institutions governed by the People's Party (PP) would continue fighting to protect the interests of coastal property owners and businesses, in addition to promoting measures to legalize existing buildings and economic activities.

A law to save buildings

As in the case of the rural land amnesty, the future coastal law includes a series of articles to save traditional coastal constructions such as boatyards and sidewalk cottages, as well as other non-regulated buildings that have been used for years without the relevant authorization from the State Coastal Authority. The main argument for promoting the consolidation of these buildings is their heritage value.

The draft law includes a mechanism to create a registry of irregular traditional constructions that do not comply with state regulations and are in the public domain. These buildings could avoid demolition if they are registered in this registry, managed by the island councils, despite not having the protection of the status of Property of Cultural Interest (BIC).

3,000 owners are waiting.

It is estimated that around 3,000 buildings (boathouses, restaurants, swimming pools, etc.) illegally occupy the island's coastline and, in many cases, do not even have a state permit. For this reason, the owners were enthusiastic about the PP's promises to regularize their situation through a regional law. For its part, the GOB (Basque Government) described the draft bill as "absurd" because it seeks to consolidate speculative uses on the coast, criticizing the lack of regulatory coherence and emphasizing that it appears designed to favor private interests rather than protect the environment.

The Association of Environmentalists denounces that the law focuses too much on the economic exploitation of the coast and too little on its protection. They are calling for the use of updated terminology, references to climate change, and the implementation of consistent management measures according to beach type (urban, natural with services, without services), as well as the integration of environmental criteria, the conservation of posidonia, and the preservation of historical cultural uses.

Failure in Galicia

Legalizing irregular coastal construction by law will not be so simple, according to various legal experts consulted by ARA Baleares, since the State has not transferred all of its coastal jurisdiction, despite the many claims made by various political leaders in the islands—both from the current and previous governments. Galicia's experience serves as a warning in the debate over the legalization of construction on the island's coastline. The Constitutional Court struck down several articles of Galician regional legislation that sought to regulate buildings and activities on the coast, emphasizing that the State retains exclusive authority over public maritime and terrestrial domains. This precedent highlights the legal limitations that the autonomous communities face when attempting to make coastal regulations more flexible and serves as a reference for the ongoing political and legal debate in the Balearic Islands.