The future of the Arts Shopping Centre in Punta del Camisón (Playa de Las Américas) looks increasingly bleak following a damning report issued by an expert appointed by the Investigating Court Number 1 of Arona. The assessment, which took three years to complete, leaves no room for doubt: the construction is illegal and, even more critically, “objectively non-legalizable”. This conclusion opens an unprecedented scenario in one of the most visited areas in southern Tenerife: the potential demolition of significant parts of a commercial complex that should never have been built in its current form.
Three Years of Waiting and a Devastating Report
The independent expert was appointed in 2021 to assess the urban legality of the works, following a complaint filed by the Prosecutor’s Office against the then-Councillor for Urbanism, Luis García, and the Head of Urban Management of the Arona Town Hall, Damián Hernández Fumero. The investigation is documented in proceedings 1132/21.
During these three years, the specialist was required to gather extensive documentation, much of which was provided by the Urbanism Department, led by the very officials being investigated. The delay in obtaining this information explains why the report took so long to complete, but it also enabled the expert to produce a thorough analysis of 84 pages detailing each identified irregularity.
Violations of Three Key Regulations
The report notes that the analysis was conducted under three legal frameworks: the General Urban Development Plan of 1993, the Building Regulations, and the Coast Law. After assessing the actions against these standards, the conclusion is clear: the breaches are so severe that they not only render the work illegal — having been executed in violation of planning licence 65/2011 and without a valid title — but also impossible to legalise. In other words, there is no mechanism within the law to validate what has been constructed.
Inevitable Demolitions
The expert specifically lists the elements that must be removed to restore the construction to a legally compliant state. These include the roof of the building, the improper occupation of set-backs in the basements, constructions located in the public maritime-terrestrial servitude zone, parts raised above the cornice — effectively creating unpermitted living spaces — canopies, a new flooring in the servitude area, and the layout of commercial premises on the ground floor and basement. Even the public restrooms, currently situated in the basement, would need to be demolished and relocated.
An Urban and Tourist Blow
The Arts was initially promoted as an emblematic venue on the beachfront in one of the busiest areas of Playa de Las Américas. Its opening raised expectations among merchants and residents, but it also aroused suspicions from the outset due to its impact on the coastline and proximity to public domain areas. Now, the technical ruling by the expert represents a severe blow to the project and to those who viewed it as an economic engine in the southern region of the island.
The potential demolition would not only affect the landscape of Punta del Camisón but also leave dozens of businesses operating within the facility in a precarious predicament if the order for partial demolition proceeds.
A Case with Significant Political Ramifications
The expert report places the urban management of Arona in the spotlight over recent years. The councillor and head of Urbanism accused are singled out as responsible for allowing works that now, according to the judiciary, lack any legal basis. The judicial investigation remains open, and this report becomes a central piece of the proceedings.
An Unprecedented Ruling
The document is not only extensive but also unequivocal. Throughout its pages, it lists breaches of varying severity that collectively demonstrate a model of construction outside the bounds of legality. The incisiveness of the analysis lies in the fact that it leaves no room for future regularisation: the illegality is so profound that it cannot be remedied.
What Comes Next
With the submission of this report, the judicial process enters a new phase. The court will have to determine the next steps, although all indications suggest that the Arts will face significant demolition. Meanwhile, merchants, residents, and visitors to Playa de Las Américas await anxiously as an urban confrontation could transform the landscape of Camisón and mark a turning point in the municipality’s urban policy.
The expert’s conclusion resonates as a clear warning: the Arts was born outside the norms, expanded outside the law, and, according to judicial opinion, has no possibility of legal redemption.
