The Balearic Government is anticipating a Spanish Government challenge to a regional coasts law that is due to be approved by the cabinet before Easter. Among other things, this law, drafted by the ministry of the sea, will save numerous buildings from demolition. These buildings range from traditional fishermen's boathouses to beach bars and restaurants.
There have been cases of restaurants threatened by demolition. Restaurante El Bungalow in Ciudad Jardín (Palma) has been the most publicised. The state Costas Authority ordered its demolition four years ago. The restaurant is still there, the most recent social media post explaining it would close for Christmas and reopen on January 3 (2026); it is an all-year restaurant.
Responsibilities for the coasts were transferred to the regional government in July 2023, but not all the responsibilities. The minister, Juan Manuel Lafuente, says: "This law won't solve all the coastal problems. It's important to remember that the central government retains jurisdiction in this area, but it will be the coastal equivalent of what were once the territorial planning guidelines."
The jurisdiction relates to the public-maritime domain and, or so it was explained at the time of the transfer, to historical decisions in respect of breaches of coastal law and/or the expiry of concessions on this domain. El Bungalow and other buildings fall into this category. The Balearic law will, however, give protection to buildings under threat from the current national legislation.
The bill will not protect the uses of these buildings, e.g. as a beach bar, only the building itself. Preservation decisions will be delegated to the islands' councils, which will be able to develop regulations for heritage protection.
Following cabinet approval, the Balearic Parliament will have to rubber-stamp the regional legislation. Assuming this is forthcoming, a clash with Madrid will be likely, based on how the state has reacted to other regions passing their own coastal laws. The normal procedure in such cases is for them to be referred to the Constitutional Court to consider if there has been violation of state powers. Lafuente suspects this will happen.
The law will also enable town halls to develop their own plans for beach use. For example, municipalities will be able to authorise sporting events, weddings or other gatherings, in addition to granting permits for beach bars and other services. Other measures will include limiting the speed of jet skis and vessels over twelve metres in length to ten knots within a one-nautical-mile strip from the shore.