Empuriabrava – The sea at your front door.
What is that makes Empuriabrava so special and original? It is the construction’s structure. A grid of navigable channels is a distinctive part of the townscape. Most houses thus have a direct connection to the sea; boats can be anchored at the front door.
This luxury, however, is pricy these days, what with the property market being on of the region’s main branches of economic activity. Fantastic news for Empuriabrava! Finally after 6 long years, all sales of moorings are now registered at the land registry again.
The Coastal Law from 1988
The strong effort and hard work of the APE (Asociación de Propietarios de Empuriabrava) were worth it. Thanks also to the notary of Castelló d´Empuries who became involved and enabled a solution together with the new land registry directory in Roses.
APE (Asociación de Propietarios de Empuriabrava)
The APE was founded in the year 2008 in order to protest against the “deslinde” as established in the Coastal Law from 1988. If this law had been applied, the state would have claimed its property right also along the canals of Empuriabrava and Santa Margarida.
If the APE had not mobilized and informed all owners at that time, the deslinde would have been applied by in September/October 2008 and all the deadlines to appeal would have been lost.
With the deslinde and the application of the Coastal Law of 1988, all purchased moorings and flooded land property were declared as public domain (dominio público) at once. The channel walls have been declared to be the new coast line. As a result of this a 6 m wide strip was specified as public access to the coast on the private properties along the water. This strip had to be free from any construction or plantation.
This was even adopted by the new POUM, the zoning plan of the town hall. In the land registry an appendix was added, saying that each property is affected by the application of the Coastal Law of 1988 (6 m strip plus moorings = public domain). The value of the properties had lost immensely! Furthermore, no transfer of ownership of a mooring was registered in the Land Registry in the recent years.
The APE has actually managed that in May 2013, the government in Madrid incorporated in the new Coastal Law 02/2013 an addendum to the Law for Empuriabrava and Sta. Margarita, based on the text submitted by the APE with the lawyers which specifies the following:
The new Coastal Law
- There will be no new strips along the channels
- The owners of land property along the channels have the right to moor their boats alongside and this right is not separable from the property.
- Those, who owned a parking space for a boat, a private mooring, which was registered in the land registry, obtain full ownership back.
A fantastic success of the APE for the benefit of everyone in Empuriabrava!
Since May 2013, the APE fights to ensure that the new law will be applied by the Land Registry. The notaries have indeed created notary deeds applying the new law. However, the Land Registry has refused to register the sales of moorings for the past 3 years. The reason was that a new deslinde should be established in Empuriabrava. At the 05.05.2016 the APE could happily announce that this big goal was achieved as well! The APE thanks all of you who support the APE and pay their membership fee of only 50 Euros per year. If you are not a member of the APE (association of owners in Empuriabrava) already, please associate now!