Legal Aspects of Buying a Seafront Property in Spain (2026)
A complete guide for domestic and international buyers — Updated February 2026
Buying a seafront apartment on the Spanish coast is, without doubt, one of the most attractive real estate investments in the Mediterranean. But it is also one of the most legally complex. Behind those sea views that make you fall in love at first sight lie multiple layers of national, regional and municipal legislation that can turn a dream into a nightmare if they are not approached rigorously.
In this guide we explain all the legal aspects you need to know before signing anything, whether as a first or second home, and whether you are Spanish, European or from outside the EU.
1. The Coastal Law: the great condition governing every seafront purchase
Law 22/1988 of 28 July on Coasts —amended by Law 2/2013 on the protection and sustainable use of the coastline— and its General Coastal Regulation (Royal Decree 876/2014) form the fundamental legal framework affecting any coastal property in Spain.
The Maritime-Terrestrial Public Domain (DPMT)
The central concept is the Maritime-Terrestrial Public Domain: the strip of land that, by constitutional definition (Article 132 of the Spanish Constitution), belongs to the State and is inalienable, imprescriptible and unseizable. It includes the seashore, beaches, cliffs, dunes, coastal wetlands and the territorial sea.
What this means in practice is straightforward: no one can own land classified as DPMT. If a property falls wholly or partly within this zone following a demarcation (deslinde) procedure, the owner loses their ownership rights over that part without compensation (it is not considered expropriation), receiving instead an administrative use concession for a maximum of 75 years.
The three strips you need to know
The Coastal Law establishes three strips of land measured from the DPMT demarcation line, each with progressively lighter restrictions:
Transit easement (6 metres). This is the strip immediately adjacent to the DPMT. It must remain permanently clear for pedestrian transit and for surveillance and rescue vehicles. No construction of any kind is permitted.
Protection easement (100 metres). It extends up to 100 metres inland from the demarcation line. Within this strip, the construction of new dwellings is prohibited, as is enlarging the volume, height or surface area of existing ones, along with numerous other activities. The land may be privately owned, but the restrictions on use are severe. On land already classified as urban when the Coastal Law came into force in 1988, this easement is reduced to 20 metres.
Zone of influence (500 metres). It does not directly affect private property, but municipal urban planning must take coastal protection into account, avoiding architectural screens and controlling building density.
Administrative concessions: when ownership becomes a right of use
If your seafront home was legally built before 1988 but a new demarcation places it within the DPMT, it is not demolished: you instead hold an administrative concession that allows you to keep using it, for a maximum term of 75 years and with no obligation to pay a fee. These concessions are transferable both between living persons and by inheritance, but the inter vivos transfer requires the Administration to first acknowledge that the new holder meets the conditions of the concession.
It is essential to understand that buying a property with a concession is not the same as buying full ownership: you are acquiring a temporary right of use, not permanent ownership.
2. Demarcation and the Land Registry: the essential check
The Coastal certificate
The General Coastal Regulation (Article 36) sets out a registry control mechanism that every buyer should be aware of. When a property adjoins or intersects a DPMT zone, the land registrar acts as follows:
If the property intersects a demarcated and registered zone, the registrar directly refuses to register the sale.
If the property adjoins a DPMT zone but the demarcation is not registered, the registrar suspends registration and enters a precautionary note for 90 days, notifying the Regional Coastal Service so that it issues a certificate within a maximum of one month stating whether the property encroaches on the DPMT and its situation regarding the easements.
The recommendation is clear: before buying, require the seller to provide an up-to-date certificate from the Provincial Coastal Service confirming that the property does not encroach on the DPMT. This certificate takes around 30 days to be issued, so it is advisable to request it well in advance.
Public consultation tools
The Ministry for the Ecological Transition and the Demographic Challenge publishes the demarcation lines of the entire Spanish coastline through its DPMT cartographic viewer. Although it is purely informative and must be checked against the Regional Coastal Services, it is a useful starting point for verifying the situation of any coastal property before beginning negotiations.
It is also advisable to consult the Cadastre and the municipal urban planning to obtain a complete picture of the property's legal situation.
3. Real estate due diligence: the documents you must require
Any purchase of a seafront home demands a thorough verification that goes beyond what is usual in an ordinary sale. These are the key documents and checks:
Up-to-date Land Registry extract (Nota Simple). This is the first document to request. It reveals the ownership of the property, its registry description (surface area, boundaries, location), the charges and encumbrances (mortgages, seizures, usufructs, easements), the precautionary notes and, very importantly for seafront properties, any marginal note relating to DPMT demarcation procedures.
Cadastral certificate and cadastral reference. This allows you to check that the registry description matches the cadastral one. Discrepancies between the Registry and the Cadastre are common in coastal areas and must be resolved before the sale.
Certificate from the Provincial Coastal Service. As explained, it certifies that the property does not encroach on the DPMT and its situation regarding the protection and transit easements.
Latest IBI receipt and proof of being up to date with payment. The Property Tax (IBI) is a levy on ownership, and unpaid debts can be transferred to the new owner.
Certificate from the owners' association. It must certify the absence of debts with the community, since unpaid fees for the current and previous year can be claimed from the new owner.
Habitability certificate or first occupancy licence. It confirms that the property meets the minimum habitability requirements under regional regulations.
Energy efficiency certificate. Mandatory for any sale or rental since 2013.
Urban planning check. Verify that the property is not declared outside planning regulations (fuera de ordenación) and has no open sanctioning proceedings. In coastal areas this is especially relevant, since many homes built before the current legislation may be in such a situation.
4. Purchase taxation: taxes by type of property and residence
Taxes at the time of purchase
Second-hand property: the Property Transfer Tax (ITP) is paid, with a rate ranging from 6% to 13% of the purchase price depending on the autonomous community. In Catalonia it ranges between 10% and 11%; in the Valencian Community between 10% and 11%; in Andalusia it is 7%; and in the Balearic Islands it ranges from 8% to 13% depending on the value of the property.
New-build property: 10% VAT is paid on the purchase price (4% for officially protected housing), plus the Stamp Duty (AJD), which ranges between 0.5% and 1.5% depending on the autonomous community.
