Urban Planning Infractions in Spain: Property Legalisation, Catastro, and IBI (SUMA Tax) Impact

The Costa Blanca has a long and troubled history with urban planning infractions (*infracciones urbanísticas*). From the building boom of the 1970s to the speculative frenzy of the 2000s, tens of thousands of properties were built, extended, or modified without proper planning licences — or with licences that were later declared illegal.

For expatriate property owners, this creates a minefield. You may have unknowingly purchased a property with an undeclared extension, an unlicensed swimming pool, an enclosed terrace that doesn't appear in the title deeds, or even an entire building constructed without a licence.

The consequences can range from a fine to a demolition order — but in many cases, the infraction can be legalised, and the property's official records updated to reflect reality. Understanding when, how, and at what cost is critical.

At Bufete Padilla, we handle urban planning legalisation cases across Torrevieja, Moraira, Calpe, Altea, Benidorm, and the entire Costa Blanca. In this comprehensive guide, we explain the legal framework, the legalisation process, and the downstream effects on the Catastro and your IBI bill (locally known as SUMA tax in Alicante Province).

What Constitutes an Urban Planning Infraction?

An urban planning infraction occurs when construction, modification, or use of a property violates the applicable urban planning regulations (*normativa urbanística*). Common examples include:

• Building without a licence (*obra sin licencia*): constructing a house, extension, garage, or pool without obtaining the required municipal building permit (*licencia de obra*)
• Exceeding the licenced scope (*exceso de obra*): building more square metres or more floors than the licence authorised
• Violating building setbacks (*retranqueos*): building too close to property boundaries, roads, or the coastline
• Changing use without permission: converting agricultural land into residential use, or turning a commercial premises into a dwelling
• Enclosing terraces or common areas: a very common infraction in apartment buildings, where owners enclose balconies or terraces to gain living space
• Building on protected land (*suelo no urbanizable protegido*): the most serious category, where construction takes place on land designated for environmental, agricultural, or coastal protection

The Legal Framework: Prescription of Infractions

The crucial concept in Spanish urban planning law is prescription (*prescripción*). An infraction that has prescribed can no longer be sanctioned or demolished — though it may still carry other consequences.

In the Comunidad Valenciana (which includes the entire Costa Blanca), the prescription periods under the LOTUP (Ley de Ordenación del Territorio, Urbanismo y Paisaje) are:

• General infractions: 4 years from the completion of the unauthorised works
• Works on protected land, public domain, or green zones: NO prescription — the infraction never expires, and demolition can be ordered at any time
• Works affecting public highways or watercourses: NO prescription

After the 4-year prescription period, the town hall (*ayuntamiento*) can no longer:
- Impose fines
- Order demolition
- Open disciplinary proceedings