NRUA and invasion of the maritime-terrestrial public domain: the DGSJyFP confirms denial (Begur, Resolution No. 323)
The DGSJyFP Resolution of 23 December 2025 —Resolution No. 323— confirms the denial of the NRUA over a property in Begur (Costa Brava) after verifying, through official georeferenced cartography, that the building invaded the maritime-terrestrial public domain. The applicant cited the age of the building and the minimal occupation, but did not provide any enabling administrative title. The doctrine is direct: no title, no NRUA.
Legal reasoning
- Article 9.b) Mortgage Law: obliges the Registrar to use georeferenced cartography to ensure no invasion of public domain.
- Article 36.2 General Coastal Regulation: prevents inscription of acts affecting properties that invade the maritime-terrestrial public domain without title.
- Public domain is imprescriptible (Article 132 of the Spanish Constitution). Age of the construction does not validate the invasion.
No short-term rental can be registered if the property invades the public domain without authorisation. The doctrine extends public domain control to the new lease registry.
Ways to remedy
- Provide an administrative title (concession, demanial authorisation).
- Alternative graphical representation certified by the Coastal Service.
- Registry segregation of the invading part.
- Review of the boundary line (slow, uncertain).
The typical scenario is an auxiliary construction (pool, porch, stair to the sea) extending into public domain. Before buying a front-line tourist property, always check the official cartography.
Coastal dwelling with boundary issue?
SALAMA LEGAL SLP reviews cartography and titles and designs the remedy.
FAQ
Does the age of the building validate the invasion?
No. Public domain is imprescriptible (Article 132 of the Spanish Constitution).
Is «minimal occupation» an argument?
No. Any invasion without title triggers denial. The threshold is legal, not by surface.
Can it be remedied?
Yes: by providing an administrative title or alternative graphical representation certified by the Coastal Service.