The Consell Insular de Formentera is at the center of the administrative storm. In addition to the irregularities in the processing of the megaconcurso under suspicion, the technical report issued by the Conselleria del Mar y del Ciclo del Agua del Govern balear -and which is in the possession of La Voz de Ibiza– reveals a string of breaches, errors and omissions by the consistory in the management of the concession of occupation of the maritime-terrestrial public domain to install beach services -among them, eight beach bars- that could lead directly to the expiration of the title granted.
According to the official document, these are serious and repeated failures in compliance with the terms of the contract and the coastal regulations by the concessionaires, which had been denounced by the previous concessionaires.
In the report to which this media had access, the Conselleria transferred to the Consell the “7 highlighted points to be corrected“. However, in five of them it did not respond, in another it did not provide the corresponding documentation and in only one it provided a coherent response.
This corresponds to the analysis of the allegations made by the Consell Insular de Formentera “in its report dated September 19, 2025 to the act of recognition made on June 10, 2025 and sent later”.
Although the Consell “presents a response report”, it does not return the signed report. “This report consists of 2 parts: a general and highlighted part in which it is indicated what is considered to be corrected by the Consell Insular de Formentera and a list of observations in relation to each of the elements of the concession,” state the technicians.
In addition, they detail that the report of the Consell Insular de Formentera presented “focuses on commenting on the observations of each element of the concession, comments that are considered irrelevant to the purpose of this report“.
In relation to the general points highlighted“no accreditation or detailed documentation is provided to remedy and to have more documentation to determine the scope of the possible non-compliances in relation to the OM of granting”.
The 7 points
In this context, the technicians of the Govern asked the consistory for the accreditation of “if the kiosks were easily removable“. However, the Consell “does not provide any documentation from the manufacturer of the kiosks or anything similar“.
It only limits itself to answering 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”.
However, the report of the Conselleria was able to determine that “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)”.
Neither does it present theas-builtplans necessary to determine the square meters of occupancy of the concession, nor the final construction certificates or certificates of completion.
In relation to the bathrooms to be repaired or replaced, the Consell responds that “they will be purchased”, although the Government technicians point out that this statement “does not take into account that we are outside the deadline to complete the works of the concession”.
In addition, they do not indicate anything regarding the “accreditation that the restrooms will be public and that ventilation must be improved“.
On the other hand, nothing is indicated about the “completion of the works of the Es Pujols sailing school. However, it is known in this Directorate General that the company that was going to execute it has resigned from the adjudication”, details the report.
The only point on which the Consell defends itself is in relation to the separation of 6 meters at high tide that the beach bars should respect.
In the file “the reasons why some of the kiosks are located less than 6 meters from the high tide line in some periods of the year are argued. In any case, in the summer period it is accredited in the rest of the documents in the file, that this reduction does not prevent the space between the kiosk and the high tide line from being used by the beach users”.
Work after the deadline and without extension
Another of the first points that reveals the institutional mismanagement is the lack of compliance with the execution deadlines. According to the report, “the works were to be started before November 25, 2023 and completed by November 25, 2024 at the latest”.
However, the partial staking out act was not carried out until March 2024, and the Es Pujols Sailing School -one of the key elements of the concession- has not yet been executed.
In addition, there is no request for an extension in the file. According to the Conselleria, this is a breach of articles 161 and 165 of the Coastal Regulation, which establishes that unjustified delay in the execution may result in forfeiture.
No certificate of completion or construction project
Another repeated non-compliance is the absence of mandatory technical documentation, which the Consell should have provided at the end of the works. The report indicates that neither the final construction certificate, nor the construction project, nor the “as built” plans have been submitted.
“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 made in some of them,” the report notes.
This documentation is essential for the regional administration to be able to verify whether the constructions comply with the authorized project. The lack of these documents compromises the legal validity of the concession and violates the conditions imposed in the Ministerial Order of 2023.
Modifications without authorization or procedure
The Consell has also carried out unauthorized modifications to the location of some kiosks, specifically the two in Els Arenals, changing their location without following the legal procedure or obtaining prior authorization.
Within the report of the Coastal Demarcation, which evaluates the staking out carried out on June 19, 2024, it is determined that “during the staking out of the kiosks, part of this 2nd condition is omitted, staking out the two kiosks of the Arenals beach in the location that the Consell Insular presented in its Concession application and had to be modified as a condition for its granting. Therefore, it differs from the location indicated in the resolution of the Concession, failing to comply with this condition”.
In addition, plans provided by the Consell itself and the Govern were used that “do not correspond to the approved plans” neither in the application nor in the bidding documents, which undermines the legal certainty of the process.
Lack of technical control in the works
During the reconsideration and execution of the works, a competent works manager or technician was not appointed, as required by Article 85 of the Coastal Regulations.
The report states: “During the act of staking out , it is not determined who is the director of the works or the competent professional designated by the concessionaire, in any of the staked out kiosks”.
This omission violates the technical conditions of execution and constitutes a serious formal defect, since there is no guarantee that the installations have been carried out under adequate professional supervision.
Continue reading:
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Competition under suspicion: former beach bar concessionaires warn the Consell de Formentera of immediate legal action
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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'”.
