In Spain there are three levels of regulations for strategic planning/zoning:
The Consolidated Text of the 2015 National Land Act, which establishes the guidelines to ensure the equality of all citizens in respect of the rights and obligations related to and derived from the use of land and general regulations for land valuation applicable to the whole of Spain
The Land Act of each autonomous region (Comunidad Autónoma) which establishes the guidelines and general regulations for urban planning applicable to the relevant region, as well as sets out the strategic planning/zoning in the relevant region. However, in the cities of Ceuta and Melilla, which have not passed a regional land act, the applicable law is the 1976 National Land Act in so far as it does not contravene the 2015 National Land Act
The urban planning regulations of each city or town council which, conforming to the regional acts, regulate in detail the zoning in each council or town.
Last modified 13 Mar 2025
Yes, a works permit is required before any development is carried out or any material change in a building is implemented. Depending on the type and extent of the works, different procedures will apply (eg minor works only require notification to the city council).
Any new building or refurbishment has to respect the requirements included in the urban planning regulations applicable to the building. However, depending on the status of the land where the development is to be carried out (as for example in cases where the urban planning regulations do not detail certain planning aspects), a prior planning approval (eg 'partial plan' or 'special plan') is required. Such detailed regulation is a necessary requirement to grant the permits necessary for developing and using the plot and the buildings.
Last modified 13 Mar 2025
The design and appearance of new buildings are not in general controlled or limited by public law, but they are to some extent regulated by the applicable urban planning regulations, which establish for example the maximum height and number of floors permitted and the maximum percentage of occupation of the plot.
The detailed design and appearance may be controlled or limited by virtue of cultural or heritage protection measures imposed by the relevant regulations.
The method of construction must follow the Technical Building Code and other applicable technical regulations.
Last modified 13 Mar 2025
Yes, the urban planning regulations establish the different designated uses allowed for a relevant plot or building. The change of the use of a building (within the allowed uses established by the applicable urban planning parameters) requires a prior permit or even the amendment of the applicable planning regulations.
Last modified 13 Mar 2025
Responsibility for regulating development and designated use of individual parcels of land in Spain is handled by local authorities (town and city councils) through urban planning regulations. It must be noted that final approval of the main municipal urban planning regulations (known as the "Master Plan") is normally controlled by the 'autonomous regions'.
Last modified 13 Mar 2025
This would depend on the nature of the development and can only be determined on a case by case basis but may include various kinds of environmental or sectorial permits and consents (eg water, road or rail infrastructure works etc).
Last modified 13 Mar 2025
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
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
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
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
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
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
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
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
Which other statutory permit regimes must be considered in relation to planning/zoning and development?
This would depend on the nature of the development and can only be determined on a case by case basis but may include various kinds of environmental or sectorial permits and consents (eg water, road or rail infrastructure works etc).
Last modified 13 Mar 2025