ARTS Shopping Center: Socialists Sue Over Building Code Violations

The Socialist Party of Arona has filed a lawsuit against businessman Diego Sebastián Cano and the company Melisofi Consulting SL, who built the ARTS shopping center in Playa de Las Américas. They are accused of violating building regulations.

The complaint, signed by socialist Frank Jorg Michael Tolle, states that the work on the site where the shopping center stands differs greatly from the permit issued in 2014. According to experts, the building turned out to be "illegal and impossible to legalize."

It all started in 2014 when the local authorities of Arona allowed the construction of the shopping center. But, according to the socialists, the work was not carried out as specified in the permit.

The municipality has been trying to deal with these violations since 2018, but, according to experts, many of the changes can no longer be corrected.

The main evidence in the complaint is a report by architect Juan Jesús Cabrera, which he prepared in March 2025 at the request of the court. He described in detail numerous violations of building regulations that cannot be legalized. The main violations include:

• The building encroached on the coastal protection zone (20 meters from the sea), which is prohibited by law.
• The building is too high: 11.6 meters instead of the permitted 7 meters.
• Technical rooms were converted into residential premises with sea views and space for shops.
• Shops were placed in prohibited areas.

The expert noted that the superstructure is suitable for living and cannot be considered a technical area.

The complaint also states that the area around the shopping center was not arranged as planned in 2014, and this also affected the land near the sea. The socialists claim that there was no permission from the Coastal Authority for these works.

In addition, the changes violate the plan of the island of Tenerife, which prohibits building anything in the 20-meter strip near the coast, except for rescue stations or structures related to the sea.

The socialists are asking the court to summon the accused for questioning, approve the expert's report, and request all documents related to the construction from the municipality of Arona.

If guilt is proven, the perpetrators face up to 4 years in prison, fines, and a ban on working in the construction industry.

According to the socialists, the ARTS shopping center case shows how seriously building regulations are violated and how the lack of control threatens the coast of Arona. They emphasize that the law on the coast must be respected and that no construction should be allowed in circumvention of the law. With their complaint, the socialists want to protect the interests of the community, ensure transparency, and stop illegal construction on the coast.

In addition to filing the complaint, the socialists have also appealed to the municipality to initiate a procedure to restore the legality of the construction of the shopping center. They argue that the expert's report clearly indicates numerous violations, some of which cannot be corrected.

The socialists remind that the municipality is obliged to respond to such violations, even if the statute of limitations has expired, since it concerns state-owned land and protected areas. Therefore, they demand that a case be opened to restore the legality of the construction and that the demolition of the illegal parts of the complex be considered. They emphasize that the municipality must ensure compliance with the law.