Court expert rules the Arts Shopping Centre in Las Americas is ‘illegal and impossible to legalise’
The future of the Arts Shopping Centre in Punta del Camisón, Playa de Las Américas, looks increasingly bleak after a damning report by a court-appointed expert concluded that the complex is not only illegal but also “objectively impossible to legalise”.
The independent expert’s report, commissioned by Arona’s Court of Instruction No. 1, and taking three years to complete, sets out in detail the numerous urban planning breaches committed during construction.
The findings open the door to an unprecedented outcome: the potential demolition of significant parts of the commercial centre built just metres from the shoreline.
Three years of investigation
The expert was appointed in 2021 following a complaint filed by prosecutors against the then-councillor for Urban Planning, Luis García, and the head of Urban Management, Damián Hernández Fumero. Over the course of three years, extensive documentation was gathered, much of it supplied by the same department under investigation, resulting in an exhaustive 84-page report.
The conclusion is blunt: the Arts complex was built in contravention of planning laws, under an invalid licence, and in such a way that no existing legal mechanism could ever regularise it.
Breaches of key regulations
The analysis reviewed compliance with three key frameworks: the 1993 General Urban Plan, building ordinances, and Spain’s Coastal Law. It found multiple violations, including:
- Illegal occupation of maritime-terrestrial public domain land.
- Construction above the building’s permitted cornice, creating unauthorised habitable space.
- Irregular extensions, canopies, and mezzanines in restricted areas.
- Commercial premises distributed in basement and ground-floor zones without proper authorisation.
- Even the public toilets in the basement were flagged as requiring demolition and relocation.
A blow to tourism and business
The Arts Centre was initially marketed as a flagship seafront project in one of the busiest tourist areas of the south of Tenerife. Its opening raised expectations among traders and residents, but also sparked criticism over its impact on the coastline. Now, with the possibility of demolition looming, dozens of businesses operating in the complex face deep uncertainty.
The ruling also deals a reputational blow to Playa de Las Américas, an area heavily dependent on its image as a premier holiday destination.
Political and legal fallout
The report directly implicates Arona’s urban planning management in recent years, pointing to serious failings by municipal leaders who authorised works that are now deemed unsalvageable. The judicial investigation remains open, but the expert opinion is expected to be central to the proceedings.
What happens next?
The court must now decide the next steps, with demolition of non-compliant structures appearing the most likely outcome. Such a move would significantly reshape the Camisón seafront and could set a precedent in urban planning enforcement across the island.
The expert’s verdict is categorical: the Arts Centre was born outside the law, built beyond the law, and cannot be brought back within the law.
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