Notificación de Decreto por Infracción Urbanística

We British seem to have a thing about making alterations to our homes by adding some bits and altering others. I suppose it is partly because we want our houses to be different from everyone else's. The laws here in Spain seem to be a lot stricter about alterations though and the consequences of getting it wrong are harsher. Alterations from simply raising a wall to installing a pool all require planning permission. In some towns even painting your house a different colour requires permission!

To avoid trouble when starting minor works or even major ones, firstly you need to apply for the appropriate legal permission and pay the corresponding fees at the Planning Authority Department of the Ayuntamiento. It is also probably best to check with the builder whether the work you plan can be safely carried out anyway. Some people on our estate have ignored the builder's advice and paid the price with collapsed pools, walls and terracing.

I personally wouldn't trust any builder who tells you that you don't need permission for even minor work and if you are carrying out the work yourself it is best to check first anyway. It is probably easiest to go and see a lawyer and ask him or her to do this because then you will get professional and accurate advice about the works you expect to do in your house. With appropriate permission you can to start the works without any worries.

However, in case you do get a Notificación de Denuncia from the Ayuntamiento, which is the Sanction enacted by the Local Developing Authorities, I understand the first thing you must do is to make a Recurso de Reposición (appeal for reversal), which must be submitted within 30 days from the date you officially get the letter. In this Appeal you must show as much evidence as you can in order to turn the situation into legality. It goes without saying that your Spanish must be pretty good to accomplish this.

Having made your appeal, you apparently get another letter with the resolution, positive or negative. If it’s negative you’ll get the Propuesta de Resolución within a few days that you can also appeal against within 15 days, asking formally for a copy of all the issued file against you.

Apart from this Appeal you can also submit the Permission to legalize the situation within 60 days, otherwise the works will be considered as illegal and a Demolition File can be issued and started from the Local Developing Authorities against you. This is the point of no return! You are then faced with demolishing the work yourself or paying the hefty fee for the Council to do it.