Skip to content
A
Alonso Sala
CRIMINAL LAWYERS
ES

Criminal Lawyers in Illegal Works

Criminal defense for unauthorized construction on protected land Criminal Lawyers Spain | Alonso Sala

call91 078 65 74

Last updated:

Building on non-developable or protected land is not just an administrative infraction, but a crime (Art. 319 CP) that can lead to prison sentences and, most seriously, the demolition of the construction. Our defense focuses on demonstrating possible legalization or the statute of limitations to save your property.

Environmental and Urban Planning Crimes in Spain: Defence Guide

Environmental crimes (Arts. 325-340 CP) and urban planning crimes (Arts. 319-320 CP) are increasingly prosecuted in Spain, especially following EU environmental directives. Directors of companies, urban planners, and public officials can be held personally liable for environmental harm caused by their organisations.

Penalty Table: Environmental and Urban Planning Crimes

OffenceArticlePenalty
Pollution causing serious environmental riskArt. 3256 months – 2 years + fine
Serious pollution (Art. 326 aggravated)Art. 3262 – 5 years
Illegal waste dumpingArt. 3286 months – 2 years + fine
Protected species crimesArt. 3346 months – 2 years
Illegal construction on non-buildable landArt. 319.21 – 3 years + demolition order
Illegal construction on specially protected landArt. 319.11 – 4 years + demolition order
Official granting illegal planning permissionArt. 3201 – 3 years + disqualification
Forest fire (arson)Art. 351-3521 – 5 years

Key Defence Strategies

Challenging the 'Serious Risk' Threshold

Art. 325 requires a serious risk to natural equilibrium or human health. If the environmental impact was minor, temporary or fully remediated, the prosecution must prove the risk threshold was met. Independent expert reports are decisive.

Regulatory Compliance Defence

Environmental crimes require acting contrary to administrative regulations. Demonstrating that the activity was authorised, had all required permits, and complied with applicable administrative restrictions is a complete defence.

Urban Planning: Land Classification Challenge

For Art. 319, whether the land is 'non-buildable' or 'specially protected' is often disputed. Urban planning law is complex and classifications change. Challenge the applicable land classification at the time of construction.

Individual Liability of Corporate Managers

Directors can be prosecuted for acts of the company if they knew about and failed to prevent the environmental harm. The defence challenges: (1) their actual knowledge, (2) their factual ability to prevent it, and (3) whether they relied on specialist authorisations.

quiz

FAQ: Illegal Construction & Urban Planning

Are works without a licence a crime?expand_more
Not always. They are only a criminal offence under Art. 319 CP where building takes place on specially protected non-developable land or in public-domain areas without authorisation. Minor works without a licence are an administrative infringement.
What penalty do illegal works carry?expand_more
One to 3 years of imprisonment, a fine of 12 to 24 months and special disqualification from the profession or trade for 1 to 4 years. Demolition of what was built may also be ordered.
What is specially protected non-developable land?expand_more
Land given special protection for its environmental, landscape, historical or strategic value: protected natural areas, the coastline, river beds, areas of special ecological interest.
Is building on the coast a crime?expand_more
Yes, where building takes place on the maritime-terrestrial public domain or within the protection easement zone without authorisation. The Coastal Act imposes very strict restrictions.
Who can be liable for this offence?expand_more
The developer and the builder are principal offenders. Site managers, architects and technical officers who take an active part may be necessary cooperators or instigators.
Can the architect be convicted?expand_more
Yes. An architect who designs and directs works they know to be illegal may be liable as a necessary cooperator in the planning offence. Their professional-conduct liability is also very serious.
Is it a crime to extend a house on rural land?expand_more
If the extension is built on specially protected non-developable land without a licence, yes. On generic rural land it may be a crime or an administrative infringement, depending on the autonomous community.
Is demolition mandatory?expand_more
The judge may order the demolition of the illegal works, and frequently does. Demolition is carried out at the convicted person's expense. It is independent of the criminal penalty.
Can the buyer of an illegal house be convicted?expand_more
The buyer is not usually liable for the offence of illegal construction (committed by the builder). But buying a home knowing it is illegal can give rise to civil liability.
Can illegal works be legalised?expand_more
It depends on municipal and regional planning rules. Some laws allow works to be regularised if a licence is obtained afterwards. But works on protected land are generally not capable of being legalised.
What is planning limitation (prescripcion urbanistica)?expand_more
After a set period (4-8 years depending on the autonomous community) without sanctioning proceedings, the administrative infringement lapses. But criminal offences do not lapse merely through the passage of time without administrative action.
Can the town council report illegal works?expand_more
Yes. The town council has a duty to monitor compliance with planning law and to report possible criminal offences to the prosecution service.
Does a mayor who fails to act against illegal works commit a crime?expand_more
They may commit planning prevarication (Art. 320 CP) if, knowing of the illegality, they grant a licence or deliberately fail to exercise their inspection duties.
What is planning prevarication?expand_more
An official who issues a favourable report on, or grants a licence for, manifestly illegal works commits the offence under Art. 320 CP, punishable with 6 months to 2 years of imprisonment plus disqualification.
Do greenhouses and agricultural installations need a licence?expand_more
It depends on regional legislation. In many autonomous communities, greenhouses and agricultural structures on rural land have a special regime that may not require a building licence as such.
Is building a swimming pool without a licence a crime?expand_more
On urban land it is generally an administrative infringement. On specially protected non-developable land it may constitute an offence under Art. 319 CP if it significantly alters the land.
Do illegal works become time-barred under criminal law?expand_more
The offence under Art. 319 CP becomes time-barred after 5 years. However, where the illegal works remain in place, some courts treat it as a continuing offence that does not become time-barred while it subsists.
Can I report my neighbour's illegal works?expand_more
Yes. Anyone may report illegal works to the town council, the planning prosecutor's office or the police. You do not need to be directly affected.
Do prefabricated houses need a licence?expand_more
Yes. Prefabricated or modular homes on a concrete slab are buildings for planning purposes and require the same licences as conventional works.
What about illegal works on inherited land?expand_more
An heir who knowingly keeps illegal works in place may face administrative planning liability. The original builder's criminal liability is not passed on.
Is there a specialised planning prosecutor's office?expand_more
Yes. The specialist Environment and Planning unit of the prosecution service coordinates the prosecution of planning offences nationwide. Each province has a delegated prosecutor.
Do I need a lawyer specialising in planning offences?expand_more
Yes. Defence in planning offences requires knowledge of regional planning law, municipal planning instruments and the complex interplay between administrative and criminal proceedings.

We also serve

MadridAlicanteMarbellaSevilleMálagaBilbaoZaragoza
View all locations →

Do you need specialised legal assistance?

The judicial system is complex. We have the criminal-law specialisation and technical resources required to take on the defence.

Contact Alonso Sala
Call: +34 91 078 65 74
call