Many homeowners in Torrevieja or Orihuela Costa decide to make small improvements to their properties. Common examples include enclosing a porch, building a brick barbecue, or even a swimming pool. However, these actions are often carried out without requesting the corresponding municipal license. Consequently, a recurring question arises: is there a statute of limitations for urban planning infractions?
The limitation period in the Valencian Community
The answer is yes. Nevertheless, the deadlines depend on the regulations of each autonomous community. In the case of the Valencian Community, current legislation establishes a general period of 15 years for the administration to act against an illegal work.
In the first place, it is essential to understand that this period begins once the work is completely finished. Furthermore, if the administration detects the irregularity before that time passes, it can initiate a restoration of urban legality file. This could lead to coercive fines or, in the worst case, a demolition order.
Exceptions that never expire
It is important to note that not all works without a license eventually expire over time. There are specific cases where the administration’s power is permanent.
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Green areas or public spaces: Works carried out on land intended for roads, green areas, or public facilities never expire.
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Protected non-urbanizable land: If the construction is on rustic land with special protection, the town hall can act at any time.
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Coastal easement zones: Infractions affecting the Coastal Law also have very strict protection regimes.
The importance of proof of the passage of time
If you have an old work and want to avoid future problems, you must be able to prove when said construction was finished. This is especially relevant if you plan to sell the property. For this reason, at Orihuela Solicitors, we help our clients collect valid evidence for the administration.
In the second place, once the limitation period has passed, the work does not automatically become legal. Instead, it remains in a legal situation called out of ordinance (fuera de ordenación). Subsequently, it is possible to carry out a procedure to recognize said building and register it correctly in the Property Registry. This provides legal security and value to the property.
In conclusion, knowing the legal status of your home is the best way to avoid unpleasant surprises from the town hall. If you are concerned about the statute of limitations for urban planning infractions, our team will advise you to protect your assets. Contact us to study your case professionally.
