The Socialist Party of Arona has filed a criminal complaint with the Arona Criminal Court against businessman Diego Sebastián Cano and Melisofi Consulting SL, the developer of the ARTS Shopping Centre, located in Playa de Las Américas.
The complaint, signed by Socialist councillor Frank Jörg Michael Tolle, highlights the works carried out on the plot where the complex stands, arguing that these differ significantly from the licence granted in 2014. The resulting building is described as “illegal and incapable of being regularised,” according to a judicial expert report included in the proceedings.
A Licence Under Suspicion
The origin of this case lies in the Local Government Board of Arona’s agreement dated 11 July 2014, which authorised the construction of the shopping centre and its urbanisation project. However, according to the PSOE, the execution of the work did not comply with the terms of that licence.
Since 2018, the Council has been processing several regularisation files, both for the building and the urbanisation, which are still ongoing. Nevertheless, the judicial expert concludes that many of the introduced modifications are uncorrectable.
Devastating Expert Report
The technical report, prepared by architect Juan Jesús Cabrera in March 2025 at the request of the Arona Criminal Court No. 1, serves as the central pillar of the complaint. The expert outlines a long list of urban planning and normative breaches, labelling them as “irregularisable.” Key irregularities include:
- Invasion of the 20-metre coastal protection servitude, contrary to the Coastal Law and the Tenerife Island Planning Act (PIOT).
- Excess height: the building reaches 11.6 metres, while regulations set a maximum of 7 and only permitted auxiliary constructions such as storage or stairways.
- Overroof converted into a usable space: what was meant for technical installations has been turned into a floor with access via main stairs and lifts, sea views, and commercial spaces.
- Commercial premises in prohibited areas: both on the ground floor and in basements and overroofs, establishments have been created in zones where the PIOT explicitly prohibits tertiary use.
“The space of the overroof is practical, habitable and usable. It cannot be considered as a technical or installation area; otherwise, we would enter the realm of legal fraud,” the expert report explicitly states.
A Parallel Urbanisation
The complaint also alleges that the urbanisation associated with the centre was executed differently from the project authorised in 2014, affecting public maritime-terrestrial domain lands. According to the PSOE, neither these works nor the construction alterations have the required sectoral authorisation from Coastal Services.
Moreover, it is indicated that the changes violate the Tenerife Island Plan, which declares the first 20-metre coastal strip as unbuildable, except for rescue infrastructures, first aid facilities, or installations strictly linked to public maritime-terrestrial domain.
Criminal Consequences
The PSOE requests the Court to summon the defendants to testify, ratify the expert report, and require the Arona Council to provide all urban planning documentation linked to the case.
If the facts are confirmed, those responsible could face prison sentences of up to four years, financial penalties, and disqualification from holding positions or performing professional activities related to construction, as stipulated in Article 319 of the Penal Code.
The ARTS Case
For the Socialists, the case of the ARTS Shopping Centre reflects “a serious breach of urban planning legality” and serves as an example of how a lack of administrative control and rigor “endangers the coastline of Arona, a space of high natural and tourist value.”
“Respect for the Coastal Law and the island’s planning is non-negotiable. It is unacceptable that works of this magnitude are carried out in breach of the law,” the complaint emphasises. Through this legal action, the PSOE aims to “protect the public interest, ensure transparency, and curb the urban pressure on the coast,” a debate that is once again pertinent in southern Tenerife.
The Council Must Act
The Socialist Municipal Group in the Arona Council, aside from presenting the aforementioned complaint, has also formally requested the Urban Planning Department to initiate the necessary procedures to restore urban planning legality at the shopping centre in Playa de Las Américas. According to the document submitted by Socialist councillor Frank Michael Jörg Tolle, the expert reports generated within the framework of a judicial procedure clearly indicate numerous urban planning illegalities in the construction and urbanisation of the complex, some of which are considered “irregularisable” by the experts.
The PSOE reminds that, according to the Canary Islands Soil Law, the Council is obliged to act ex officio when such infractions are detected, even if the ordinary deadlines have passed, due to the involvement of public domain areas and protected zones. Therefore, the Socialists demand that a procedure to restore urban planning legality be opened and the demolition of illegal parts of the complex be examined. “We are facing flagrant breaches that cannot be regularised and directly affect public domain and the coastline. The Council must exercise its powers and ensure that the law is upheld,” concludes the request.
