The beach bars of the mega-concession under suspicion of Formentera hang by a thread. An exhaustive technical report of the Conselleria del Mar of the Balearic Government documents a series of non-compliances considered essential that could lead to the expiration of the administrative concession granted to the Consell Insular de Formentera to manage the beach facilities between 2022 and 2027, as it was advanced by La Voz de Ibiza.
The irregularities detected range from unauthorized modifications to the failure to dismantle the facilities, as well as accessibility and sanitation problems, according to the report in the possession of this newspaper.
The document, prepared after an inspection and in response to the complaint filed by the previous concessionaires, states that “the essential conditions of the concession title have not been fulfilled” and that, therefore, “the procedure for the expiration of the concession granted to the Consell Insular de Formentera” should be initiated.
Mandatory disassembly not complied with
One of the most serious misconduct reported in the report is the failure to withdraw from the kiosks within the legal deadline established between January 15 and February 15, 2025.
The report itself states that “the kiosks were not dismantled from January 15, 2025 to February 15, 2025”, and stresses that “there is no record of a dismantling forecast for the same date in 2026“.
As advanced by La Voz de Ibiza, the annual dismantling was an essential condition included in the Ministerial Order of concession and was in the bidding documents. Its non-compliance, as indicated, entails the automatic expiration of the concession, as established in Article 79 of the Coastal Law. 79 of the Coastal Law.
Fixed structures that cannot be disassembled
Another critical point detected by the inspection is that not all the kiosks installed can be considered removable, as required by the regulations.
The law requires that the structures be modular and without fixed foundations, something that is not complied with in at least three cases.
According to the technical report, “at least 3 of them are not removable (Es Pujols lot 24, Es Mitjorn lot 43 and Cala Saona lot 3); 2 would be with conditions (Quiosco Arenals lot 35 and es Copinar lot 27); and only 3 are apparently removable (Arenals lot 38, Es Marí lot 50 and Es Pujols lot 19)”.
However, the report clarifies that, “as the Consell de Formentera has not submitted the construction project for the execution of the staking out act, we do not have documentation to verify the type of module that is hidden behind the coatings carried out in some of them”.
Nor does the Conselleria have “assembly manuals from the manufacturer of the kiosks that would allow us to state with certainty what has been reported and make a more detailed study of each of the kiosks”.
The report also questions the attitude of the Consell de Formentera. According to details, “in the act of recognition of June 2025, the Consell de Formentera is indicated that it must prove that the kiosks are easily removable”.
However, three months later, on September 15, the Consell responds “without providing supporting documentation of the manufacturer or the construction project”.
There it only explains that “the materials with which they are constructed are light and easily transportable, without permanent foundations or concrete anchors. The kiosk-bars, in general, are made of wood and/or other materials, either individually or in the form of panels joined together with nails and/or screws, which allows them to be disassembled by removing the elements that join them”.
This has been disproved by the report prepared by the head of the Concessions Service.
Minimum distances violated
The document also points out that at least two kiosks on the beach of Els Arenals do not comply with current regulations by not respecting the 300 meters of mandatory separation between establishments on natural beaches.
This condition was expressly imposed by the Ministry during the processing of the file.
In this sense, it details that, at the time of the staking out act, the Consell de Formentera “alleged that one of the articles of the RGC (General Coastal Regulation) had been repealed and it was no longer mandatory to comply with the separation of 300 meters between kiosks”.
At the time of the replanting act “the statement of the Consell de Formentera was taken for granted, which is why in the replanting act the displacement of 2 of the kiosks was authorized; specifically of the 2 kiosks of Arenals (lot 38 and lot 35)”, explains the technician.
For this reason, the replanting report was taken as a starting point and “these modifications already authorized in the replanting report were not questioned”.
However, “after consulting the applicable regulations at the time of the concession and the modified regulations that were taken into account to authorize the (supposedly non-substantial) modification during the reconsideration, the Concessions Service of the General Directorate realized that the 300-meter separation is an obligation that is maintained in the applicable regulations after the repeal of part of the articles in force at the time of the concession”.
Therefore, it determined that “it was not appropriate to authorize the modification of the location of the kiosks indicated in the reconsideration report“.
Bathrooms closed or used for storage
One of the commitments of the concession was that the restrooms attached to the kiosks would be free for public use.
However, the June 2025 inspection found bathrooms that were closed, without toilets or used for storage. In addition, the required adequate signage and ventilation were not complied with.
The technical report remarks that the Consell “has not provided documentation nor has it corrected the detected incidents”, and that the problems persist despite having been notified.
Lack of technical documentation
Another alarming aspect is the absence of the final construction certificate, the construction project and the “as built” plans that accurately detail the actual occupation of the maritime-terrestrial public domain, as well as the end of construction certificates, according to the report.
These documents are mandatory and, according to the Govern, were never presented by the Consell.
The Conselleria points out that “the real characteristics of the installations cannot be accurately verified”, which aggravates the legal uncertainty of the file.
Work after the deadline and without extension
The terms of the concession required that the works be completed by November 25, 2024.
However, several elements -such as the Es Pujols sailing school and five bathing modules- were not executed within the legal deadline and there is no record of any request for an extension.
The Government stresses that, if this non-compliance is maintained, it could be a non-substantial modification that also invalidates part of the concession.
Essential” non-compliances
The report, signed by the head of the Concessions Service, concludes that “essential conditions of the concession have been breached“, which would justify initiating the expiration procedure.
Textually, they are listed:
- Failure to comply with annual disassembly.
- Presence of non-detachable structures.
- Failure to comply with the minimum distance between kiosks.
- Deficiencies in public restrooms.
- Lack of mandatory technical documentation.
And concludes: “As a consequence of failing to comply with essential conditions listed in application of the Ministerial Order, Article 79 of the LC and 165 of the RGC , it would be appropriate to initiate the procedure for the expiration of the concession granted to the Consell Insular de Formentera“.
Continue reading:
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Another serious offense of the beach bars under suspicion in Formentera: they set up a store of caps and hats.
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The dark future facing Formentera’s beach bars: the Govern stifles insubordination
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The seven serious irregularities for which they ask for the nullity of the concessions of the beach bars of Formentera
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Cordoba says that the complicity of Sa Unió in the insubordination of the beach bars will have economic consequences for the Consell de Formentera.
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Chiringuitos agree with Córdoba: economic studies of the bids were out of date
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The ‘dismantling’ of a lie: a prestigious professor warned of the obligation to remove the beach bars included in the bidding documents
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Insubordination in Formentera: Verónica Castelló ignored an allegation against the dismantling of the beach bars that she now wants to avoid.
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Asier Fernández denies Sa Unió and the chiringuitos: “We asked the Govern in October and the answer was ‘we have to dismantle'”.
