Proposals were announced last month by the Spanish government aimed at protecting the country's coastline from overdevelopment and threatening thousands of properties built illegally too close to the coastline.

The initiative centres on establishing a new development model and preparing for the effects of global warming.

The government's proposal outlines evidence of overcrowding, overdevelopment and the threat of global warming on the Spanish coast, highlighting that: 44 per cent of Spain's population resides in 7 per cent of its territory, which attracts 80 per cent of tourists; 40 per cent of the Mediterranean coastline is built up and 57 per cent of its beaches hemmed in by construction; and by 2050 rising sea levels will have shaved 15 metres off the average Spanish beach.

The proposals also threaten the thousands of illegal Spanish properties contradicting the 1988 Ley de Costas (coastal law), which prohibits the building of property within 100 metres of Spain's many beaches.

"The problem is that urban planning rules in Spain have often been ignored, and so, over the years, thousands of residential properties have been illegally built close to the beach, often with permission from local authorities," says Mark Stucklin from Spanish Property Insight.

"Properties that were built legally before the Ley de Costas are unaffected. Though no figures are available, it is thought many of the illegal Spanish properties are owned by Britons, most of who have never heard of that particular law and have no idea that their properties are at risk. Any new plan will have to deal with these properties, which could in theory involve expropriation or compulsory purchase leading to demolition."

Environmental authorities have been knocking down illegal Spanish properties on a small scale for years, but this proposal has estimated that £3.5 billion will be spent on demolition.

Although this may send shivers down the spines of British owners of potentially illegal Spanish coastal properties, drastic action may be a long way off, if it happens at all.

"For a start, it is just a proposal, not a draft law, and contains few details and no time frame," says Stucklin. "The next step is supposed to be a big, inclusive, public debate involving all levels of government, business, trade unions, non-governmental organisations, the public and anyone else you can think of, leading to a commission for coastal sustainability, a panel of experts and maybe, one day, some regulations."

Adam Gale from Duchy Estates comments: "Whilst I applaud the environmental sentiment and feel that in certain isolated cases the bulldozers should be brought in to deal with the problem of illegal Spanish properties, I cannot see widespread demolition taking place for a number of reasons.

"For starters, a budget of five billion euros to clear the illegalities of 776 kilometres of coastline is totally unworkable, that figure wouldn't even touch the sides; for we're not just talking the cost of the bulldozer here, but also the phenomenal legal bill that would hit the Spanish Government.

He continues: "Coastal property owners will not see their life savings or permanent place of residence razed to the ground without a fight. They will fight tooth and nail to prove that they bought in good faith and as the vast majority will have official local authority-issued occupation and building licenses in their possession and in their favour, these cases could easily end up at the European Court of Human Rights.

"I cannot help wondering if the aim is truly environmental or if there is a political undertone. There is a general election pencilled in for spring 2008 and the current government needs to try and regain popularity."

On a positive note for some, Stucklin states that this proposal could boost the value of legal properties on the coast.

He also advises that "if you want to avoid any chance of future demolitions, don't buy anything near the beach unless your lawyer confirms that it is legal according to the 1988 law."

Search for property in Spain

Read the latest Spanish Property Bulletin ezine FREE

Article first published 28 November 2007