REALWorld Law

Does public law control the detailed design, appearance and method of construction of any new building?

The process involves the application for an 'activity permit' together with a 'technical project' made to the city or town council. Such project has to fulfil the requirements and policies included in the urban planning regulations and in the environmental regulations for the relevant plot of land.

Further to this application, the city council will establish any possible corrective measures (conditions) required for the relevant activity and whether they should grant it.

Last modified 13 Mar 2025

Does public law control the detailed design, appearance and method of construction of any new building?

The administrative procedures established by the applicable regulations for the granting of activity permits comprise a public information period in which a third party affected by the execution of the relevant project can lodge an objection.

Where the development of a plot of land requires a prior planning approval (eg a partial plan or special plan), a public information period is established by law, during which any third party can object.

In Spain, the right of action to ensure compliance with planning/zoning law is a public right, and so anyone can object to a development if it affects the public interest, it contravenes the law or it affects the environment.

Last modified 13 Mar 2025

Does public law control the detailed design, appearance and method of construction of any new building?

Any permit can be reviewed by a court if appealed, but courts do not intervene in the administrative procedure.

Regarding development which requires the prior approval of a partial plan, special plan, etc (as determined in the Land Act of the relevant autonomous region), the definitive approval would effectively then be subject to determination by both the local and the regional competent public bodies.

Last modified 13 Mar 2025

Does public law control the detailed design, appearance and method of construction of any new building?

This depends on each autonomous region or even on each city council. The Consolidated Text of the National Land Law clarified that non-resolution of an application for a works or installations permit in the set period of time automatically means that it is denied in some specific cases such as the construction of new buildings or the commencement of new activities. Regarding other uses non-resolution means permission has been granted by 'administrative silence' provided such works or activity are permitted under the applicable urban planning regulations.

Last modified 13 Mar 2025

Does public law control the detailed design, appearance and method of construction of any new building?

In principle, planning decisions may always be challenged in court by any third party through a general public action governed by the Consolidated Text of the National Land Law.

Last modified 13 Mar 2025

Does public law control the detailed design, appearance and method of construction of any new building?

Yes, in order to carry out some developments, specially those which comprise works of urbanization and infrastructure, it is necessary to enter into certain agreements with:

• The owners of the plots of land included within the development through an allotment or compensation project

• The city council, in order to define the works affecting roads and public infrastructure

• The utilities companies

Last modified 13 Mar 2025

Does public law control the detailed design, appearance and method of construction of any new building?

The works permit should include a specific timing for the execution of the works. According to law, if no specific timing has been expressed, the works have to begin before one year elapses and must be completed within three years. These periods can be extended. Once such periods of time have elapsed, the relevant municipality can initiate a procedure which may result in the works permit being declared invalid so that a new permit must be obtained to complete the works.

There is not a duration for the validity of the permission to develop a designated use. The use permitted by an activity permit is not limited in time if the activity is carried on in accordance with the details of the project submitted in the permit application. If those details change, it is necessary to obtain a new activity permit or update the activity permit already granted. Also if the activity is suspended for a period of six months, the activity permit becomes invalid

Last modified 13 Mar 2025

Does public law control the detailed design, appearance and method of construction of any new building?

Local planning authorities have the power to serve enforcement notices requiring the cessation of the breach of planning regulations. There are monetary sanctions for non-compliance and ultimately an injunction may be obtained against the owner to enforce compliance.

Last modified 13 Mar 2025