In the Spanish legal and administrative framework, the existence of constructions built without the appropriate municipal building permit (licencia de obras) has long posed a complex challenge for property owners, legal practitioners, notaries, registrars, and public authorities alike. Whether due to oversight, ignorance of the legal requirements, or a desire to circumvent regulatory controls, many constructions have been built without following the official channels.
1. Legal Framework and the Principle of Public Order
According to Royal Legislative Decree 7/2015, of 30 October, which approves the consolidated text of the Land and Urban Rehabilitation Law (Texto Refundido de la Ley de Suelo y Rehabilitación Urbana), all constructions that are intended to be incorporated into the property registry must provide proof of urban legality. This includes submission of the original building licence, final certificate of works issued by an architect, and other technical documentation.
Article 28.4 of this same regulation, however, establishes an important exception: when the limitation periods for administrative sanctions or demolition orders have elapsed, it becomes possible for such constructions—although originally illegal—to gain access to the property registry. This is known in practice as “legalisation by prescription”.
2. Why Is Access to the Property Registry Important?
In Spain, a construction that is not registered in the Land Registry (Registro de la Propiedad) is not considered part of the legal patrimony of its owner. As a result, it cannot be legally sold, inherited, mortgaged, taxed, or transferred.
Access to the registry gives legal visibility to the construction, allowing it to become part of property transactions and establishing the owner’s real rights over the asset. More importantly, registration effectively prevents future demolition orders or other administrative actions that might otherwise be pursued against the building.
3. Does Registration Mean Full Legalisation?
Not exactly. There is a critical distinction to be made between (1) constructions that are fully legal and built in accordance with planning and building regulations, and (2) those that are “legalised by lapse of time” (i.e., because the administration can no longer pursue actions against them).
A construction without a licence that is eventually registered in the Property Registry is not necessarily considered 100% legal in urban planning terms. The registration process merely recognises the building as a lawful part of the patrimony, but it does not equate to full planning conformity. For this reason, such constructions fall under a special legal category: they are considered “fuera de ordenación”.
4. What Does “Fuera de Ordenación” (Out of Planning Order) Mean?
The term “fuera de ordenación” refers to buildings that are tolerated by the administration because they can no longer be sanctioned or demolished, but that do not meet current urban planning regulations and are not fully regularised. This is a common category for constructions that were built without licence, for which the statute of limitations has expired, and which are consequently immune to demolition—but still not legally “approved” in planning terms.
Key implications of this classification include:
The owner cannot undertake any major renovations or improvements, only basic conservation works related to safety, hygiene or accessibility.
Structural alterations, expansions, or changes of use are not permitted.
If the construction is damaged or destroyed by natural causes (fire, flood, ruin), it may not be rebuilt.
The local administration may deny the granting of certificates such as the certificate of occupancy (cédula de habitabilidad) or the energy performance certificate.
The building may not benefit from urban development initiatives, such as public investment in infrastructure upgrades.
In short, the property becomes legally “visible” and can be used for ownership and financial transactions, but it is limited in terms of future development or adaptation.
5. Time Limits for Legalisation by Prescription: Varies by Region
Each autonomous community in Spain has its own urban planning laws that establish the period during which the administration can initiate sanctions or demolitions for illegal works. Once that time has passed, legalisation is possible.
Valencian Community
Law 5/2014 on Territorial Planning, Urbanism and Landscape (LOTUP), amended in 2019, establishes the following:
Urban and developable land: Demolition actions prescribe after 15 years.
Non-developable land (rural or protected): Actions to restore legality do not prescribe—illegal buildings can be demolished at any time.
In practice:
Works built before 20 August 2010 may be registered.
Works on protected land must have been completed before 1 February 2002 to be eligible.
Andalusia
According to Law 7/2022 on Urban Planning of Andalusia (LOUA):
The limitation period for demolition of illegal constructions is 6 years, extended from 4 in 2012.
Constructions built before 8 February 2008 may be legalised.
Catalonia
Catalonia’s Urban Planning Law (Legislative Decree 1/2010) also extended the period to 6 years:
Works built before 3 August 2010 follow the previous 4-year limitation.
Later works are subject to the 6-year rule.
6. Legal and Practical Consequences
A building declared “fuera de ordenación” may still be subject to significant restrictions. While owners can sell, donate, or mortgage the property, they must be cautious when planning improvements or renovations, and should seek urban planning advice before initiating any works.
When acquiring a property built more than 4, 6 or 15 years ago (depending on the region), buyers must:
Verify whether it has a licence.
Check whether the construction is registered.
Confirm whether the property is classified as “fuera de ordenación”.
Evaluate potential limitations on future use, rehabilitation or sale.
Request a Certificate of Urban Compatibility from the town hall (certificado de compatibilidad urbanística).
7. Summary and Recommendations
Legalising constructions without a licence in Spain is possible, but subject to strict conditions and regional nuances. Owners and buyers must understand that:
Registration does not imply full legality, but only immunity from sanctions.
“Fuera de ordenación” buildings remain restricted in terms of usage and development.
Legal advice and urban planning consultations are essential before buying or regularising such properties.
Failure to carry out proper due diligence may result in owning a property that is not rebuildable, not expandable, or even unusable in the long term.
For detailed legal support and planning consultations regarding properties without building permits, contact our team at TLA Corporation or email us at info@tlacorp.es.