Shopping center for sale on Tenerife despite its unlawful status, offered on the Idealista platform.
A specialized real estate portal is offering several units on the ground floor of the complex, located in Playa de Las Américas, in Arona, which a court expert has cataloged as an ‘illegal and non-legalizable’ construction. Several shops in the Arona shopping center are for sale, despite the risk of demolition.
Illegal
Idealista, an online real estate portal that provides a platform for posting ads for the sale or rental of properties and for searching for homes, posted an advertisement two days ago for the sale of nine shops located on the ground floor of the Centro Comercial Arts. The price has been set at 2.23 million euros, despite the fact that a court expert, after three years of work, concluded that this construction is not only illegal but also cannot be legalized.
The ad specifically states that the property is for sale and is located in the “fantastic” Centro Comercial Arts, front-line by the ocean near the famous Milla de Oro in Playa de las Américas, in the municipality of Arona.
Property Description
Surrounded by the island’s two best beaches, along which a pedestrian path runs with 18,000 people walking daily. Arts is a multidisciplinary shopping center with a cultural and artistic offering as added value, integrated into a commercial gallery of boutiques, gastronomy, and high-quality entertainment with innovative architecture. It is further stated that the property is located on the ground floor of the shopping center and has a total area of 171 m2, divided into 111 m2 of interior space and 60 m2 of terrace. Price: 2,231,400 euros.
Non-legalizable
The relevant expert – who was appointed by the Court of Instruction Number 1 of Arona for this task – concludes that after analyzing compliance with the regulations for the construction of the Centro Comercial El Camisón [Arts], the PGOU’93 [General Urban Planning Plan], the Building Regulations, or the Coastal Law, the building does not comply with the legality required by various ministries and therefore, due to its nature, is not only illegal – as it is in violation of license 65/2011 and is being executed without title – but is also objectively non-legalizable.
DPMT
The expert refers to the elements that would need to be demolished in order to reassess compliance with the regulations. These include the demolition of the roof, the demolition of the occupation of the retranquees – the distance maintained between a building and the property boundaries – in the basement, the demolition of part of the structures above the cornice, so that de facto no habitable spaces could exist; the demolition of the canopies in the DPMT (Maritime-Terrestrial Public Domain) protection area; the demolition of a new floor slab in the DPMT protection area; the demolition of the new layout of commercial spaces on the ground floor and in the basement within the protection area, and the demolition and relocation of public toilets in the basement. Furthermore, the shopping center was illegally constructed in the DPMT protection area.
Procedure to resume
The court expert’s ruling is part of the legal procedure opened at the Court of Criminal Investigation Number 1 of the Arona district, following the complaint filed in 2021 by the Public Prosecutor’s Office against the Urban Planning Councillor of the municipality of this southern town, Luis García, and his head of Urban Planning Management, Damián Hernández Fumero.
This concerns case number 1132/21, and it can be presumed that, after three years of waiting for the relevant expert report – a delay that may have been influenced by the fact that documents had to be received from the department for which the two defendants are responsible – the procedure will be resumed, for example, by taking statements from the parties involved.
Other Advertisement
The fact that the shops in the shopping center are still being offered for sale highlights the risk that third parties, in good faith, could be harmed if the shopping center is ultimately demolished, a decision that in any case belongs to the courts.
It should be noted that this is not the only advertisement on Idealista related to Arts, as another illegal shopping center for sale on Tenerife was previously offered for six million euros. This concerns a space that occupies most of the upper floor of the shopping center, with a total area of 862 square meters [m2], divided into 385 m2 of interior space and 477 m2 of terrace,” although the publication date of this is unknown.
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Illegal shopping center for sale on Tenerife ©
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