Concession area

Concession area


Most think that the whole area of Anfi del Mar including the coast is managed by Anfi but that has changed since 2011 after 20 years when an until then unknown and unexperienced company with the name Narval got from Costas (see below) the concession to manage the public state owned area outside of Anfi del Mar with its commercial activities as restaurants, shops, harbour, tennis place, football place, mini-golf course including the island, plaza, and beach. That does not mean that Narval operates all commercial activities itself but rents the facilities (formally build by Anfi) out.

The concession given to GESTIONES Y EXPLOTACIONES Narval S.L. was administratively appealed by Anfi del Mar S.L. at Audiencia Nacional, Madrid, where the Ministry of the Environment and Rural and Marine affairs (“Costas”) at 28th June 2016 lost the case. Before the Supreme Court in Madrid at 11th May 2016 rejected the appeal of Narval against the sentence of the High Court in Gran Canary. Obviously the concession for 145,381 square metres maritime-terrestrial land for the creation, adaptation and maintenance of various public domain facilities in the municipality of Mogan, was given to Narval without announcement and asking Anfi.

Coastal Law

The “Ley de Costas” – or Coastal Law – of 1998, coming into force on the 1st December 1989, was intended to make the whole of the Spanish coastline a public domain and to defend the coast against erosion and excessive urbanisation. It covers the whole of the Spanish coast and is enforced through the national ‘Ministry of the Environment and Rural and Marine affairs’ (Costas) with regional offices, also in Las Palmas, Gran Canarias. It defines the following zones:

(1) Ribera del Mar o Zona de dominio público Marítimo terrestre (DPMT, sea front or public zone). This area comprises the tidal zone of the beach, the beach itself. This area belongs to the state and cannot be owned privately.
(2) Deslinde (demarcation line). This is the line separating the sea front area of public ownership from the interior.
(3) Zona de influencia. This is a band 500 meters wide from the demarcation line “Deslinde” to the interior.
(4) Zona de servidumbre de protección (protected area). This is a band 100 meters wide from the demarcation line “Deslinde” to the interior. In areas classified as urban it has a width of 20 meters. In this area buildings are forbidden.
(5) Zona de servidumbre de transito (right of way area). This is a band 6 meters wide from the demarcation line “Deslinde” to the interior. It is part of the protected area.

Inside the protected areas private property is allowed if legally built on land officially recognised as urban land before the Coastal Law 1988 came into force on 1th December 1989. Even then the property (residential building or resort) must have a minimum distance of 6 meters from the demarcation line ‘Deslinde’ as a pathway for pedestrians and vehicles. After that date new buildings are deemed illegal. Only maintenance works are allowed for existing buildings.

Instead of expropriation of existing private property in the public zone (“beach front property”) the law provides concessions. Commercial activities as beach bars, beach restaurants, harbours, and maritime sports in the public zone of the sea front require concessions too.

The new Spanish Coastal Law 2013 came into force as an update on 31th May 2013. It extends the ‘maximum duration’ of concessions in the public zone, from 30 to now 75 years (subject to regulation) starting in the year 1998, and provides for the possibility of transferring concessions. The laws can be downloaded as PDF here. A description of the various coastal zones with graphical presentation as PDF see here.

Anfi del Mar is in the so called ‘zona de influencia’ including the protected area, outside of the public domain. Narval is in the public domain (sea front, public zone), the public concession area.

Anfi del Mar urbanisation

Anfi del Mar was founded 1988 as a “touristic urbanisation” before the Coastal Law came into force in a coastal area of “natural beaches” with a protected zone of only 20 meters instead of 100 meters (demanded by the coastal law now). The coast line area with its zones and cadastres is documented by Costas in the Internet here (you need an actual browser with HTML 5 and Java Script enabled). You can zoom to Gran Canary, Anfi del Mar, and see the situation there. The map shows the official DPMT (Dominio Público Marítimo Terrestre, public maritime zone) with the green demarcation line (Deslinde) and the following red boundary of the protection zone.

Narval concession

As said, Narval operates the public concession area. The mini-golf course, football place, and tennis places have been closed recently by Costas because this sports are no maritime sports. Nobody understands this but the law seems to forbid it. The harbour has been enlarged by removing the protectiv mole to offer more places for boats. As a direct consequence of that the sea wall has been increased to protect the boats but apparently without authorisation by Costas so the enlarged part of the harbour is not used.