The Ministry of Ecological Transition has published in the Official State Gazette (BOE) this Wednesday the Ministerial Order of December 20, where the demarcation of maritime-terrestrial public domain assets in the area of Les Deveses de Dénia is approved. This is the 3.500-metre long strip between the Molinell River and Riu Xinxilla Street. This decision is the result of the process initiated in January 2023, which has generated significant opposition from residents, the City Council and Dénia and the Generalitat.
The demarcation finally approved is somewhat more moderate than the one initially proposed, reducing the impact on properties. The text reflects the partial consideration by the Ministry of a report issued by the Dénia City Council in 2023 which indicated that many of the lands initially included in the demarcation were consolidated as urban land and, therefore, should not be incorporated into the public domain. This allowed the protection strip, which initially reached 100 metres, to be reduced to just 20 metres in most cases.
On undeveloped land that would still have the right to be urbanised, the ministry has chosen to set a protection strip of less than 100 metres, but only "in the terms strictly necessary to allow the development to take place without the need for compensation". For land included in the partial plan for Les Deveses or land consolidated as urban since 1988, the protection will remain at 20 metres.
On the other hand, "rural land not consolidated in 1988" will have a 100-metre protection strip. In the other cases, the width will vary, ranging between 20 and 100 metres depending on what is necessary to avoid compensable damages or to protect common elements such as gardens and swimming pools. The ministry has argued that many of the objections presented during the process have been fully or partially upheld.
Rights of affected owners
For the affected owners, the ministry has granted a one-year period for the owners of the properties included in the maritime-terrestrial public domain to request an administrative concession that allows them to continue using their homes and land, although they will no longer be their property but the State's. In addition, the Coastal Service in Alicante has been ordered to begin the necessary procedures to rectify the legal situations in the registry that contradict the approved demarcation.
On the other hand, "those interested in the file who are not Public Administrations may optionally file an appeal for reconsideration within a period of one month before the Minister for the Ecological Transition and the Demographic Challenge or, directly, an administrative appeal, within a period of two months, before the Administrative Litigation Chamber of the National Court." The option also exists for "Public Administrations may file an administrative appeal, within a period of two (2) months, before the Administrative Litigation Chamber of the National Court, without prejudice to being able to make the prior request in the manner and period determined in article 44 of Law 29/1998, of July 13, regulating the Administrative Litigation Jurisdiction."
This entire process, which is coming to an end for this stretch of the Deianense coastline, has been defended at all times by the residents regarding the legitimacy of their properties, some of which have been passed down from generation to generation. It has also been pointed out on numerous occasions that the recent regeneration works on Les Deveses beach have managed to keep the sea away from the houses.
On the other hand, the Ministry's position is that the intensive occupation of the coast aggravates the risks associated with storms, which have already caused significant damage to buildings located on the seafront. Although the regeneration of the beach has temporarily improved the situation, the Ministry denies that this work is a permanent solution.