Two apartment towers located in Punta Llisera, Benidorm (Alicante), -of 22 floors each, 168 apartments in total- will have to be demolished. The Supreme Court has not admitted the appeals filed by the Valencian Government and the promoter against the decision of the Valencian Superior Court of Justice that ordered the execution of a sentence of July 2012 that annulled the permits to the buildings already built after declaring illegal your authorization. The Valencian president, Ximo Puig, revealed yesterday the judicial decision during the weekly control session of the Valencian Parliament. Puig put this example case of the nonsense and irrational actions allowed by the previous governments of the PP, pointing to the spokesperson of the main opposition party, Isabel Bonig.
The ruling forces the Generalitat – which authorized the construction of this skyscraper promotion in 2005 under the PP's mandate – to compensate the owners of these luxury apartments with views of the bay of Benidorm for an estimated amount of 100 millions of euros. The Ministry of Finance announced that it will be forced to make a budget credit modification in 2019 to meet this extraordinary expense. That is to say, the Generalitat gives in these moments by exhausted the judicial route.
The two buildings are built on the front line and the luxury homes are mostly inhabited for years. When they were acquired by their owners, the market price ranged between 400,000 and 700,000 euros. The problem is that the towers are out of order since the Supreme Court in 2012 annulled the license granted for not complying with the law of costs.
The high court determined six years ago that, when the Valencian Government authorized the building Calpe Buildings, seven years before, the construction of both buildings, "the demarcation of the terrestrial maritime public domain had already been approved," so the plot remained affected by the transit easement and protection, which in urban land is 20 meters. In this section, buildings destined for residence or habitation are prohibited, as reflected in the Costas norm.
The order also ordered the Generalitat to enter in the budget the amount of the demolition and compensation to the owners of the Gemelos 28 promotion, as the towers are known. The owners of the apartments will receive 20% more than the price that cost the purchase of the apartments, premises and garages.
Despite everything, the option to throw both properties did not take shape until November 6, 2017, according to sources from the Department of Urban Planning of the City Council of Benidorm. It was then when the Superior Court of Valencia established that the buildings should be demolished to restore legality. "Until then, the option of demolishing the skyscrapers had not been contemplated," these sources say.
However, already in 2012 the Esquerra Unida and Compromís formations demanded the demolition of the buildings and the restitution of the urban legality, although in the judicial proceeding it had not been raised.
Against the last pronouncement of the Supreme there is no ordinary recourse, although as pointed out by the City of Benidorm "possibly the promoter still has the way to resort to the Court of Strasbourg" In its day, the Calpe Buildings company has already made its legal services available to the affected owners.
And it is that the order of final execution of the sentence of the TSJCV orders the Generalitat to present within three months the project of demolition of the towers, as well as the budgetary forecast of what it would cost. The councilor of Urbanism of Benidorm, Lourdes Caselles, said yesterday that the cost of demolition will exceed 100 million initially estimated because the buildings "are very close to the sea and to avoid spills and damage to the environment will have to tear down floor by floor , and that will make it more expensive. " The buildings are near an area of high environmental value such as the Serra Gelada.
The residents who reside in the skyscrapers have been "surprised and perplexed" before the events. José María Pérez-Hickman is one of them and described as "outrageous" that the Consell spent more than 100 million "so that later they can be raised again four meters back". In his opinion, what is happening "has no foundation". Yesterday I was confident that "the demolition will not become a reality".
This owner also stated that, until now, nobody had contacted them from the Autonomous Administration to tell them about the compensation they would have to receive.
Similarly, he considered that "normal" is that someone "mediates" with the General Directorate of Coasts and "that the demarcations are modified, that they are delayed a little or that they are exchanged for others". "What there is now is ridiculous, nonsense," he says.
The autonomous Housing and Finance departments should now begin the calculations to determine the price of the acquisition of apartments, garages and other commercial buildings of the towers to know the cost of this urban fiasco for the coffers of the Valencian Government, which govern the socialists and Compromís, with the support of Podem.
It will not be possible to determine more reliably until the demolition project is approved and the exact amount of compensation to which the affected owners would be entitled is established through the administrative channel. In any case, this case, which has been dragging on for years, may take longer.