Receiving an urban planning sanction can be a stressful experience, especially if you are unfamiliar with your rights or the deadlines you have to act. In Madrid, urban planning infractions are governed by Law 9/2001, of July 17, on Land Use in the Community of Madrid, and the consequences can range from financial penalties to demolition of what has been built. In this guide, we explain everything you need to know about urban planning sanctions in Madrid: what types exist, what the prescription periods are, and how an urban planning lawyer in Madrid can help you defend your interests.
We also recommend consulting our article on urban planning sanctions for construction works, amounts, types and prescription.
What is an urban planning sanction?
An urban planning sanction is the legal consequence imposed by the administration when an infraction of urban planning regulations is committed. It should not be confused with an order to restore urban planning legality, which is an independent measure aimed at restoring the altered situation (for example, demolishing an illegal construction). Both can be processed simultaneously, but they have different natures and deadlines.
In the Community of Madrid, the competent body for imposing urban planning sanctions is, as a general rule, the City Council of the municipality where the infraction was committed, through its urban planning discipline service. The detailed regulation is found in Title VI of Law 9/2001 on Land Use.
Types of urban planning infractions in Madrid
Law on Land Use of the Community of Madrid classifies urban planning infractions into three categories according to their severity:
Minor infractions
These involve minor breaches of urban planning regulations. They include, for example, carrying out minor works without the required prior notice or responsible declaration, or non-compliance with ancillary conditions of the license that do not affect safety or health. Fines for minor infractions can reach up to 600,000 euros, although in practice they are usually significantly lower.
Serious infractions
These comprise more significant actions, such as carrying out major works without a license or in breach of its essential conditions, unauthorized changes of use, or illegal subdivisions in urban land. Fines can reach up to 1,500,000 euros.
Very serious infractions
These are the most severe and are reserved for particularly harmful actions, such as construction on specially protected non-developable land, subdivisions on rural land, or destruction of listed buildings. Fines can reach up to 3,000,000 euros.
Prescription periods: How long does the administration have to sanction you?
This is one of the most important aspects and where specialized legal advice makes the difference. The prescription periods for urban planning infractions in the Community of Madrid, in accordance with Law 9/2001, are:
- Minor infractions: prescribe after one year from their commission.
- Serious infractions: prescribe after two years.
- Very serious infractions: prescribe after four years.
It is essential to understand that prescription is counted from when the infraction was committed (or from when it ceased, if it is ongoing). If the administration has not initiated sanctioning proceedings within these periods, the infraction has prescribed and you cannot be sanctioned.
Important: the prescription of the infraction (financial penalty) is independent of the period for restoring urban planning legality. In Madrid, the restoration action prescribes after four years as a general rule, but NEVER prescribes on specially protected non-developable land, green areas or open spaces.
Note: The recent LIDER Law (Law 7/2024) has introduced modifications to Law 9/2001 that affect certain urban planning procedures. You can consult the developments in our article on the LIDER Law Madrid 2026.
What to do if you receive urban planning sanctioning proceedings?
If you receive a notification of the initiation of sanctioning proceedings, these are the steps you should follow:
- Do not ignore the notification. Silence does not benefit you. If you do not respond, the proceedings will continue their course and you will lose defense opportunities.
- Check the deadlines. Verify when the alleged infraction was committed and whether it has prescribed. This is the first line of defense and the most effective.
- Analyze the classification of the infraction. It is not uncommon for the administration to classify an infraction as serious when it is actually minor, which affects both the fine and the deadlines.
- Gather documentation. Historical aerial photographs, cadastral certificates, prior licenses, technical certificates… Everything that proves the age of the construction or compliance with regulations is relevant.
- Consult an urban planning lawyer. Defense in urban planning discipline proceedings requires specialized technical and legal knowledge. A mistake at this stage can be irreversible. At Quikprokuo we specialize in these types of urban planning discipline proceedings.
Appeal deadlines against urban planning sanctions
Once the sanction has been imposed, you have the following deadlines to appeal:
- Administrative appeal: If the sanctioning resolution does not exhaust the administrative channel, you can file an administrative appeal within one month from notification.
- Optional review appeal: If the resolution exhausts the administrative channel, you can file a review appeal within one month before the same body that issued the resolution.
- Contentious-administrative appeal: You can go to the contentious-administrative jurisdiction within two months from notification of the resolution that exhausts the administrative channel (or from the express or presumed resolution of the administrative or review appeal).
The key: if you miss the deadline, the sanction becomes final and you can no longer appeal it. It is essential to act quickly.
The difference between sanction and restoration of legality
A common mistake is confusing the sanction (financial penalty) with the restoration order (demolition, cessation of use, etc.). They are independent measures regulated in different chapters of Law 9/2001 on Land Use:
You can obtain the annulment of the fine due to prescription of the infraction, but still be obligated to demolish if the restoration action has not prescribed. And vice versa: you can keep the construction (because the restoration has prescribed), but have to pay the fine if the infraction has not prescribed.
That is why it is essential that the lawyer analyzes both avenues jointly and designs a comprehensive defense strategy. We recommend reading our article on consequences of carrying out works without a license in Spain to delve deeper into this topic.
How can Quikprokuo help you?
At Quikprokuo we are lawyers specialized in urban planning law with more than 25 years of experience defending property owners, developers and companies in urban planning discipline proceedings in Madrid. Our services include:
- Analysis of prescription of infractions and restoration actions.
- Defense in sanctioning proceedings before City Councils and the Community of Madrid.
- Filing of administrative and contentious-administrative appeals.
- Negotiation of legalization measures as an alternative to demolition.
- Preventive advice to avoid urban planning infractions.
Check out more articles on urban planning on our urban planning blog.
Have you received an urban planning sanction? Don’t let the deadlines pass.
Contact Quikprokuo for a free initial consultation.
Tel: +34 913 671 204 | Web: www.quikprokuo.com
