The technicians of the Balearic Government have put on the table a decision of great importance: the expiration of the administrative concession that enables the Consell Insular de Formentera to manage beach services, including eight kiosk-bars in different parts of the coastline, of mega-concession under suspicion.
This is stated in both the technical and legal report of the Conselleria del Mar y Ciclo del Agua, which concludes that “essential” conditions of the title granted have been violated. Both documents are in the possession of La Voz de Ibiza.
“It is proposed to the competent body to issue an agreement to initiate the procedure for the expiration of the concession CNC02/21/07/0045, for breach of essential conditions related to the seasonal and removable nature of the facilities, as well as their correct location and extension on the maritime-terrestrial public domain,” it concludes.
A title whose structural elements have been violated
The legal analysis is based on the facts documented by the head of the Concessions Service, who after a technical inspection concluded that: “In view of the non-compliances listed (…) we proceed to list the conditions that are considered essential to the concession that have not been complied with in order of relevance”.
These violated conditions are, firstly, the failure to dismantle the kiosks annually between January 15 and February 15, 2025, as established in the title. There are no plans to dismantle them in 2026.
Secondly, the report states that several kiosks do not comply with the legal requirement of being “dismountable in all its elements”, as required by the General Coastal Regulation.
Another infringement that affects the validity of the concession is the modification of the location of two kiosks on the Els Arenals beach, which was made in the reconsideration report.
“The mounted kiosks do not comply with the distance of 300 meters required by the RGC and the OM as the location of two of them has been modified, specifically the two in Arenals”.
This action directly contravenes the conditions of the title and aggravates the occupation of the maritime-terrestrial public domain, which according to the report: “Produces a material incompatibility with the title that integrates cause for forfeiture”.
The inspection also detected bathrooms that were closed or not enabled for free public use, another requirement included in the concession.
In addition, the Consell did not provide as-built” plans and the final construction certificate, two instruments to verifytwo instruments that allow verifying whether what was executed complies with what was authorized.
Legal arguments for proposing the expiration of the concession
The legal report stresses that the beach bars located on natural stretches of beach are subject to a reinforced protection regime, since, according to the General Coastal Regulation, the catering establishments “shall be seasonal and removable in all its elements”, in addition to the obligation to “restore the beach to its natural state” when they are removed.
Therefore, seasonality and removability constitute “an essential condition of title in natural sections”, directly linked to the protection of the public domain .
The report recalls that the concession title itself establishes “one month between January 15 and February 15” as the mandatory lifting period . This provision “is not a formal reminder”, but the mechanism that guarantees temporariness.
Failure to disassemble, without extension or accredited major cause, constitutes “an objective and verifiable breach of an essential condition of the title”.
As for the concept of demountability, the report stresses that it must cover “all its elements”, not just the superstructure, and requires that the facilities be made up of prefabricated modules, without welds or permanent foundations, and that they “be assembled and disassembled through sequential processes” without affecting the land.
The detection of “not dismountable” or “only conditionally dismountable” units , together with the lack of technical accreditation, undermines the temporary nature of the occupation.
In addition, there is the absence of “as-built” plans and the final construction certificate, essential elements to ensure that what was executed coincides with what was authorized. Their omission “prevents the Administration from exercising its control powers”, preventing the verification of the seasonal condition of the facilities.
The title also establishes that “failure to comply with this condition will necessarily lead to the initiation of a forfeiture proceeding”, according to the legal report.
The report also points out that the concession depends on the respect of authorized locations and distances, including the separation from the high tide. If the presence of kiosks is found “less than six meters from the high tide” or outside their approved position, this “produces a material incompatibility with the title that integrates cause for expiration”.
In terms of public service, it is recalled that the daily opening and hygienic conditions of the bathing modules are part of the concession obligations, and that their non-compliance also feeds the judgment of infringement.
On the available evidence, it is considered that the inspection of January 27, 2025, the examination of June 9 and 10 and the technical report accredit:
- failure to lift during the period 01/15-15/02/2025
- the existence of “non-detachable” units
- “the lack of as-built drawings and final certificate”.
- distance incidents
In the instructor’s opinion, these elements constitute “consistent and reasonable indications of essential non-compliance”, sufficient to initiate the cancellation procedure.
The report concludes that “there are sufficient elements to initiate the cancellation procedure”, adding that this should be done “without further delay” to avoid the consolidation of irregular situations.
It also recalls that the forfeiture is compatible with a sanctioning proceeding, since “forfeiture restores the legality of the demanial and extinguishes the title; the sanctioning proceeding purges responsibility”.
Continue reading:
-
Insumisión de los chiringuitos de Formentera: Prohens said that “the file is still open”.
-
Another serious offense of the beach bars under suspicion in Formentera: they set up a store of caps and hats.
-
The dark future facing Formentera’s beach bars: the Govern stifles insubordination
-
The seven serious irregularities for which they ask for the nullity of the concessions of the beach bars of Formentera
-
Cordoba says that the complicity of Sa Unió in the insubordination of the beach bars will have economic consequences for the Consell de Formentera.
-
Chiringuitos agree with Córdoba: economic studies of the bids were out of date
-
The ‘dismantling’ of a lie: a prestigious professor warned of the obligation to remove the beach bars included in the bidding documents
-
Insubordination in Formentera: Verónica Castelló ignored an allegation against the dismantling of the beach bars that she now wants to avoid.
-
Asier Fernández denies Sa Unió and the chiringuitos: “We asked the Govern in October and the answer was ‘we have to dismantle'”.
