A 5,281 m2 plot in Aldea Beach is up for auction until 26 December, with a starting price of 13,824,000€, through Eactivos.com, with the following information:
SEAFRONT PLOT This commercial area, in the housing development UNDER CONSTRUCTION «ALDEA BEACH» in the municipality of Manilva, comprises a plot of five thousand two hundred and eighty-one metres, eighty-two square decimetres, and is located next to the eastern boundary, in an area close to the northern boundary of the parent estate, next to the area of influence of the Arroyo de Alcorrín, with which it borders to the north. Its remaining boundaries are: to the south, the private or communal sports area of the development; to the east, a strip of land reserved for the Seafront Promenade; and to the west, the communal area of the development’s plot, on internal access roads shared by the whole development. Within this plot, a building is under construction for use as a Shopping Centre, comprising: a semi-basement floor, with a total built area of one thousand four hundred and sixty-eight metres, seventy-seven square decimetres, divided into four units numbered 1 to 4, two corner units and two intermediate units, giving an area of 481.36 square metres, with the remaining semi-basement area given over to car parking, with 47 spaces. A main or first plaza level, with a built area of two thousand three hundred and twenty-two metres, eighteen square decimetres, divided into eight building modules. And a terrace or roof level, with a built area of two hundred and sixty-four metres, eighteen square decimetres, for a restaurant and services, with the use of the roof or terrace for the restaurant’s service.
The land on this plot not occupied by buildings is for the use of this shopping centre, as private space, with the boundaries being those given in the description of the plot. Share in the development for benefits and charges: 15.690%.
The land registry extract (nota simple) is available for consultation in the attached documentation. The Liquidation Plan and the Order approving it, as well as the bidding conditions and all the documentation relating to the asset, will be available to you once you have clicked on the «Participar» button, which you will find as a registered user.
A court ruling is pending on the demarcation of the maritime-terrestrial public domain along a 1,927-metre stretch of coastline.
» Should the AC consider the result of the auction to be contrary to the interests of the insolvency proceedings, it reserves the right to repeat it, reconsidering the reserve price for its award.»
To take part in the auction, a prior deposit of 20,000€ is compulsory.
Once the auction has ended, the full amount deposited will be returned to all users, with the exception of the highest bidder, to the account they have indicated, within 10 working days of the date the auction ends.
When the sale is formalised, the successful bidder must pay the full purchase price. The deposit will be returned within 48 hours of the signing of the deed.
Whoever is awarded the asset must accept its physical and legal condition as it stands, and the price may not be reviewed nor the bid withdrawn under any circumstances, as the offers made are irrevocable.
Should the bidder ultimately withdraw their bid, they will lose the deposit paid.
Note:
Judicial proceedings before the Audiencia Nacional, Administrative Court Chamber, First Section, ordinary proceedings No. 1,679/22, against the current demarcation affecting the land in Manilva, which is of particular importance for the insolvency proceedings, since the plot, located in Manilva (Málaga), was acquired by public deed of sale dated 23 September 2005 for a price of 13,823,277€, including the Basic and Execution Project and the building licence for the project. The land was classified for planning purposes as Consolidated Urban Land, with a Works Licence from Manilva Town Hall to build a Shopping Centre and with the possibility of other uses that would exhaust its buildable area. In addition, there is a Ruling of the Administrative Court Chamber of the High Court of Justice of Andalucía in Málaga, upheld by the Supreme Court, recognising the possibility of building on it in relation to its Works Licence, so that the land met all the requirements necessary for its development, as there was a Works and Construction Licence, proof of payment of the Tax on Constructions, Installations and Works, cadastral documentation and a planning certificate (cédula urbanística) supporting this.
In addition to opposing the demarcation that affects the whole of the land, we have in parallel asked the Coastal Authority (Costas) to grant Tempa a Concession for Use and Enjoyment for 75 years, or in any case for 30 years, extendable for a further 30 years, over said land, having submitted a project for a Hospitality Business, as required by the Coastal Law, since we were within the deadline to apply, and to avoid, in the worst case, obtaining no rights whatsoever over said land.
In the judicial proceedings against the approval of the Costas demarcation affecting the Plot, being heard by the First Section of the Administrative Court Chamber of the Audiencia Nacional, ordinary proceedings no. 1,579/2,022, on 11 January 2024 we submitted our brief Conclusions, and an Order of 23.01.24 declared the proceedings closed, with the vote and the Ruling now pending.
The last Royal Decree, which in 2022 reformed the Demarcation Regulations under the Coastal Law, has now been declared null and void on the basis of the recent Supreme Court Ruling, Administrative Court Chamber, Ruling no. 150/2024 of 31 January, which should have an impact on the Ruling to be issued.
» Should the AC consider the result of the auction to be contrary to the interests of the insolvency proceedings, it reserves the right to repeat it, reconsidering the reserve price for its award.»
«Once the offer has been accepted by the AC, the buyer will have 30 working days from notification of the award to complete the purchase by public deed. If, on that date, the transaction is not possible for reasons attributable to the buyer, the AC may consider the offer void, with the consequences that this entails for the buyer.»
Link to all the documents and the auction: https://eactivos.com/9X5E7PZR/subasta-de-solar-frente-al-mar-en-el-conjunto-urbanizado-aldea-beach-del-termino-de-manilva
