A hotel in the south of Gran Canaria has been spared from partial demolition after the National Court ruled in favour of its owners in a long-running dispute over whether part of the property occupies protected coastal land.

The San Agustín Beach Club, in Maspalomas, had faced the demolition of around 130 square metres of the hotel following an order issued by Spain’s Ministry for Ecological Transition.

The demolition order had been hanging over the property since 2010, with the authorities arguing that part of the hotel was built on land classified as public maritime-terrestrial domain under coastal legislation.

However, the hotel’s owner, Extur GC, has consistently disputed that classification, and the National Court (Audiencia Nacional) has now accepted its argument.

Seafront promenade changes the boundary

The case centres on the official boundary separating public coastal land from privately developable land, which in this area was originally established in 1989.

The National Court has ruled that the boundary should be reconsidered because of the presence of the seafront promenade at San Agustín.

Under the court’s interpretation, where a substantial promenade was constructed before the relevant changes to Spain’s Coastal Law, the boundary of the public maritime-terrestrial domain may be moved to the outer edge of the promenade.

This means that land on the inland side of the promenade could potentially fall outside the protected public coastal zone.

However, the ruling makes clear that not every pathway qualifies. A simple wooden walkway or basic footpath would not necessarily be enough. The promenade must represent a genuine and significant physical alteration of the land.

In the case of San Agustín, the promenade was constructed by San Bartolomé de Tirajana Council in the year 2000.

The National Court considers it to be a substantial public infrastructure project that physically altered the coastline, meaning the existing coastal boundary should be redrawn.

If the new boundary is established in accordance with the court’s ruling, the entire San Agustín Beach Club would stand on legally permitted land, removing the basis for the partial demolition order.

A legal battle lasting more than a decade

The ruling is the latest development in a legal battle that has continued for years.

After failing to persuade the authorities to accept its arguments, Extur GC challenged the demolition order through the High Court of Justice of the Canary Islands (TSJC), seeking to have the 1989 coastal boundary overturned.

However, at the end of 2021, the TSJC ruled that it did not have jurisdiction to decide the matter, leaving the case to be dealt with by the National Court.

That court has now ruled in favour of the hotel, meaning the four-storey property is, for the time being, safe from demolition.

However, the legal saga may not be over yet.

The National Court’s decision can still be appealed before Spain’s Supreme Court. If the Supreme Court were to overturn the ruling, the future of the affected section of the hotel could once again be called into question.

For now, however, the decision represents a major victory for the owners of the San Agustín Beach Club after more than 15 years of uncertainty.