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Bufete de abogados penalistas Alonso Sala
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Urban Planning Crimes

Defense against demolition threat and prison penalties for illegal construction.

Criminal Defense in Land Use Planning Crimes

The "boom" of illegal constructions on rustic land led to a forceful criminal response. Environment & Urbanism Prosecution actively pursues even small buildings (shelters, porches, pools) on protected land. Art. 319 of Penal Code imposes not just prison, but orders, as general rule, the demolition of the work.

Our defense is double: attempting criminal acquittal (proving prohibition error or prescription) and, above all, avoiding demolition. We invoke proportionality principle, future legalization possibility, or housing necessity situation to save your assets.

Critical Defense Points

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Prescription (5 years)

If we prove work totally finished >5 years ago, crime expired. We use historical orthophotos, material invoices, and witnesses to set completion date ("dies a quo").

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Prohibition Error

If City Hall gave water/power or charged IBI, you could legitimately believe you could build. This eliminates intent and leads to acquittal or substantial penalty reduction.

LEGAL ALERTThe Myth of Mobile Homes / Prefab Houses

Many sellers verify that, having wheels or no concrete foundation, "it is movable property and can be put anywhere". FALSE. Supreme Court is clear:

"Relevant factor is not wheels or foundation, but VOCATION OF PERMANENCE. If it has septic tank, power, water, terrace, or pergola, it transforms territory and IS A CRIME."

check_circleConsolidated Supreme Court Jurisprudence

Related Services

construction

Illegal Works (Art. 319 CP)

Defense for building on non-developable or protected land. Analysis of prescription and legalization.

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destruction

Demolition Order

Strategies to suspend or avoid home demolition. Proportionality and third parties in good faith.

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gavel

Urban Planning Prevarication

Defense of mayors, councilors, and technicians for granting illegal licenses or unfair favorable reports.

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cabin

Cave & Prefab Houses

Specific defense for Mobile Homes and light constructions. Are they a crime? Analysis of permanence vocation.

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FAQs

When is building a house a CRIME (not just fine)?expand_more
It is a crime (Art. 319) when building on specifically protected land (roads, green zones, public domain) or non-developable land protected for landscape/ecological value. Common urban/developable land is usually just administrative infraction.
Can my primary home be demolished?expand_more
Yes. Penal Code allows ordering demolition at author's expense. However, if primary residence, judges are cautious, and we apply proportionality principle to avoid demolition or postpone it.
Does paying IBI tax help?expand_more
Paying IBI, having utilities, or being registered (padrón) does NOT legalize the work. These are tax/admin acts that do not erase the urban crime, though help prove administration 'tolerance'.
When does urban crime expire (statute of limitations)?expand_more
5 years after work is totally finished. BUT: administrative demolition can have much longer terms (15 years or imprescriptible in protected zones).
Is a Mobile Home a crime?expand_more
YES. Supreme Court considers IF it has vocation of permanence (utilities, septic tank, terrace), it is a building for penal purposes, even if it has wheels. Same punishment applies.
Who is responsible: me or the builder?expand_more
Everyone. Promoter (you), builder, and technical director (architect) are criminally liable if they knew it was illegal. Ignorance of law is no excuse.
What is 'subsequent legalization'?expand_more
If urban plan changes allowing building, work can be legalized. If work is 'legalizable', no demolition. We ask to suspend trial until new PGOU is approved.
Can I go to jail for a porch?expand_more
Penalties are 1-3 years prison (protected land) or 6m-2y (illegalizable). Usually, without records, prison is suspended, but fine and demolition remain.
What if I bought illegal house in good faith?expand_more
Our best defense. If you bought believing it legal (Good Faith Third Party), you shouldn't be convicted nor house demolished without prior compensation. Seller/Promoter would be guilty.
Do Cadastre drones affect?expand_more
Yes, main source of reports today. Aerial photo proves existence and approx date of work, interrupting prescription.
What is urban prevarication?expand_more
When official/authority votes for licenses/projects knowing they are illegal (knowing injustice). Penalty is disqualification (job loss) and prison.
If work is in Natural Park, does it expire?expand_more
Administratively, restoration power (demolition) never expires in green zones/public domain. Criminal crime does expire, but Administration can always demolish.
Can I claim 'everyone builds there'?expand_more
Not legal defense (equality in illegality), but helps claim 'Prohibition Error' (belief it was allowed) and lower penalty.
What is AFO (Assimilated to Out of Order)?expand_more
Regime for prescribed illegal houses. Doesn't legalize (can't expand), but recognizes existence and allows legal utilities. Avoids administrative demolition.
What about illegal pools?expand_more
Same treatment as house. In drought/water protection zones, judges are severe with pool demolition.

Need Immediate and Expert Legal Assistance?

The judicial system is complex and can be relentless. Do not face it alone. We have the experience, technical knowledge, and human resources necessary to fight for you. Contact us today to schedule a confidential consultation and start building your defense.

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