Puerto Sotogrande Concession: What You Actually Buy, From Apartments to Berths
Puerto Sotogrande concession terms are the first thing to understand before buying an apartment or a berth in the Marina: what exactly are you buying? Puerto Sotogrande was built under a public concession, and the port’s Operating and Tariff Regulations (Reglamento de Explotación y Tarifas) describe its apartments, commercial units, terraces and berths as rights of use and enjoyment assigned by the concession holder. This guide explains what that regulation says, why it cannot be read on its own, and what to ask before you sign.
If you are also interested in what is coming to the Marina, see our overview of new developments in Sotogrande.
A port built on a concession
On 23 July 1982, the Council of Ministers authorised Puerto Sotogrande, S. A. to build and operate a sports harbour and an inner marina, for a term of seventy-five years, according to the BOE, Spain’s official gazette. The Operating and Tariff Regulations were approved by the regional Minister of Public Works and Transport of the Junta de Andalucía on 4 August 1987. Today the port is run by Puerto Sotogrande S.A., and it appears in the Andalusian Public Ports Agency’s entry for the port.
The original port area dates from the 1980s, and the marina grew in phases from 1994, with most of the works finished in 2008.
What the 1987 regulation says
The regulation divides the port into berths, apartments, commercial units, terraces, facilities and parking and service areas that can be used separately. This is what matters to a buyer:
| Article | What it says | What it means for you |
|---|---|---|
| 3 | The regulation applies from its approval until the concession ends | Its validity is tied to that of the concession |
| 4 | The port is divided into elements suitable for separate use: berths, apartments, commercial units, terraces, facilities, parking and service areas | Each element can be assigned separately |
| 5 | The concession holder may assign the use and enjoyment of those elements and remains answerable to the authorities. Successive assignments need its consent, which cannot be refused if the assignor is up to date with its obligations. The Port Management may set limits and conditions on use | To resell you need its consent, and it cannot refuse if you are up to date |
| 6 | Assignments are registered in each holder’s name by public document | Ask for the public document proving the assignment |
| 7 | To assign, you must be up to date with fees, levies and damage caused, and the new holder steps into the previous holder’s rights and obligations | Check for debts first: you inherit the seller’s position |
| 25 | For a base berth, the right of use is preferential, but in no case exclusive | You have priority over that berth, not exclusive use |
| 27 | Vessels in transit must request access to the port in advance | A transit berth is a different category |
| 45 | The right of use of an apartment or commercial unit includes the access roads and the port’s general networks, and obliges you to pay the regulation’s tariffs | You will pay fees for the shared services |
Berths: a preferential right, not an exclusive one
For a “base” berth, article 25 says the holder has a preferential right of use, but “in no case” an exclusive right of use of the berth. The holder may moor and anchor their vessels in the part of the inner basin that is assigned, of a given length and beam, with the buoys, chains and bollards that make it up. Vessels in transit are a separate category and must request access to the port.
If you are interested in costs and fees, we explain them in our guide to buying a berth in Sotogrande, and you can see the berths available.
Puerto Sotogrande concession: how long does it last?
The concession was granted for seventy-five years, which takes it to 2057. The rules on terms have changed since then: in 2020, Law 2/2020 reformed precisely the terms of Andalusian port concessions. So it is worth confirming the end date in writing with the port operator before you buy, and asking what happens afterwards.
A 1987 text in today’s law
The regulation itself says it applies without prejudice to the general rules that are applicable (art. 1). Since 1987, Andalusian port law has changed a great deal: the Order of 1 March 1995 approved the Andalusian Ports Policing, Regime and Service Regulations, and later came Law 21/2007 and its reform by Law 2/2020. That is why the 1987 text should not be read as if nothing had changed: anything that contradicts later legislation may have been displaced.
Before you buy in Puerto Sotogrande: eight questions
- What exactly is being transferred, and how is it documented and registered? Ask your lawyer and the seller, and request the public document of the assignment (art. 6). See our guide to completing a purchase before a notary.
- Has the concession holder consented to the transfer? Ask Puerto Sotogrande (art. 5).
- Is the seller up to date with fees and levies? Ask Puerto Sotogrande and request written confirmation (art. 7).
- What end date do they give for the concession, and what happens afterwards? Ask Puerto Sotogrande, the Andalusian Public Ports Agency and your lawyer (art. 3 and later legislation).
- What are the current tariffs and community fees for the unit? Ask Puerto Sotogrande and request the regulation and tariffs in force. For reference, see our berth guide.
- What house rules apply in the port today? Ask Puerto Sotogrande and the community, and request the rules in force on the date of purchase.
- If there is a berth, is it a base berth and do its dimensions suit your boat? Ask the Harbour Master’s Office at Puerto Sotogrande (art. 25).
- Is the berth tied to the apartment, or is it an independent right? Ask the seller and your lawyer, and review the assignment documents.
Frequently asked questions
Do I own an apartment in Puerto Sotogrande outright?
It depends on how that particular unit was transferred. The regulation speaks of rights of use and enjoyment assigned by the concession holder, so a lawyer should review the title.
Can I use my berth exclusively?
According to article 25, a base berth gives a preferential right of use, not an exclusive one.
Can I sell my apartment or my berth?
Successive assignments need the concession holder’s consent, which cannot be refused if you are up to date with your obligations (art. 5).
What happens when the concession ends?
The regulation ties its validity to that of the concession (art. 3). What happens to the assigned rights when the concession ends depends on each title and on the rules that apply at that time: it is one of the questions to clear up with your lawyer before you buy.
Is the 1987 regulation still in force?
It is the port’s own regulation, but its article 1 applies it without prejudice to the general rules, so it must be read together with later legislation. It is worth confirming with the Andalusian Public Ports Agency which parts still apply.
Are you considering an apartment or a berth in the Marina? Tell us what you are looking for and we will point you in the right direction. And if you would like to know the area better, see our guide to Sotogrande.
Keep reading
- Sotogrande Areas Explained: Costa, the Marina, Alto and La Reserva
- Sotogrande Neighbourhoods: The Stories Behind the Names of Its Developments
About the author
Innin Buyl is Sales Director at Open Frontiers, the Sotogrande agency founded by her father, Ben Buyl, in 1996. This article is for information only and does not constitute legal advice.
