The preservation of buildings – beach bars, restaurants, fishermen’s boat houses and others – relates to the public-maritime domain. The national Coasts Law expressly deals with this domain, which is state property. This remains the case regardless of the transfer of responsibilities. State law has therefore been applied in granting concessions, determining uses and ordering demolition.

The regional law seeks to expand the Balearic Government’s control over the coast. The government argues that it is not circumventing the Coasts Law but is establishing mechanisms to more directly influence decisions about buildings on the coasts. Presented as co-decision making, the law is seeking to clarify aspects of the state’s control.

The so-called amnesty would preserve buildings but would not automatically legalise their current use. The building will be maintained, but that doesn’t mean, for instance, that a restaurant or beach bar would be given authorisation.

The environmentalists GOB have been to the fore in denouncing buildings and apparent inaction in complying with Costas Authority demolition orders. A notable example has been El Bungalow restaurant in Palma’s Ciudad Jardín. GOB have called for the draft bill to be withdrawn because of “inconsistencies” and issues pertaining to jurisdiction.

They argue that, although the text refers to the protection of the coasts, the aim of the bill is to expand and consolidate pre-existing uses that are unrelated to coastal protection. The Balearic Government is looking to have the final say on the granting of concessions, which would entail legalisation of existing activity.