Extur GC, the owner of the four-star Beach Club hotel, has successfully had the delimitation between Morro Besudo and El Veril invalidated by the National High Court. This annulment could prevent the partial demolition of the establishment, which had been under a demolition order since 2010 for occupying 130 square meters of public maritime-terrestrial domain.
The court accepted the argument that the construction of the San Agustín beach promenade in 2000 altered the land's characteristics, thereby changing its classification as public domain. The hotel owner had previously appealed to the High Court of Justice of the Canary Islands (TSJC), which declared itself incompetent to rule on the matter.
The ruling is based on the 2013 Coastal Law, which stipulates that for promenades built before its enactment, the maritime-terrestrial public domain limit is set at the outer edge of these infrastructures. The National High Court concluded that the public works carried out represented a real physical alteration of the terrain.
The State Attorney's Office opposed the ruling, arguing that the promenade, built on elevated pillars, did not physically prevent waves or sand from reaching the hotel. However, the High Court referenced a Supreme Court ruling from January 2024 that annulled a section of the 2022 General Coastal Regulations.
Despite the partial acceptance of the appeal, the company will have to await a new procedure to formalize the boundary modification. The final demolition order, issued sixteen years ago, remains unexecuted.
