Urban Planning Notification: How to Act

Receiving a notification of an urban planning infringement in Ibiza immediately raises concern. When the Administration detects a potential irregularity—either ex officio or following a complaint from private individuals or other public authorities—it initiates proceedings that may involve both financial penalties and the obligation to restore urban planning legality.

Within the Balearic Islands, these actions are regulated by Law 12/2017 of 29 December on Urban Planning of the Balearic Islands (Ley de Urbanismo de las Illes Balears).

Following the notification, two independent procedures are initiated, although they may be processed jointly:

• A sanctioning procedure

• A procedure to restore urban planning legality and the altered physical reality

1) Procedure for restoring urban planning legality

This procedure is not punitive in nature. Its purpose is to restore the breached urban planning order and return the physical reality to the state prior to the infringement.

It is independent from the sanctioning procedure, although the Administration may:

Process both together through:

• A single initiation resolution

• A single proposed resolution

• A single final resolution

Or alternatively:

• Initiate the restoration procedure first and subsequently the sanctioning procedure

Restoration measures have a real effect, meaning they may also affect third parties who later acquire the property.

Immediate suspension of works or uses

If the works are still being carried out, the competent authority may order:

• Immediate suspension of the works

• Cessation of the ongoing use or activity

• Interruption of public utility services

Failure to comply with this order may result, for as long as the non-compliance continues, in the imposition of successive coercive fines at minimum intervals of ten days, equivalent to 10% of the value of the executed works, with a minimum amount of €600 on each occasion.

Complying with the suspension order may allow access to a reduction in the sanction within the sanctioning procedure.

Coercive fines after a final resolution

If the resolution of the restoration procedure becomes final and is not complied with voluntarily, up to 12 coercive fines may be imposed, with a minimum interval of one month, amounting to 10% of the value of the executed works, with a minimum of €600 each time.

Independence from other liabilities

Restoration measures are independent from:

• Sanctioning liability

• Administrative disciplinary liability

• Compensation for damages

2) Sanctioning procedure for urban planning infringement

The purpose of the sanctioning procedure is to impose a fine on the person responsible for the urban planning infringement. Its objective is to deter infringements through financial penalties.

It is structured in three phases:

• Initiation of the procedure

• Investigation

• Resolution

The sanctioning procedure is independent of whether the acts are legalizable or not. However, legalization does influence the amount of the fine.

Reductions of the sanction

The law establishes a system of reductions:

• 50 % if legalization is requested within the granted period

• 40 % if legalization is requested after the deadline but before the restoration resolution

• 60 % for voluntary restoration before the resolution ordering it

• 50 % if restoration is carried out after the resolution but within the granted deadline

Amount of the sanctions

Sanctions are graded according to aggravating and mitigating circumstances. The minimum sanction is €600 per responsible party.

In the case of illegal constructions, the fine consists of a percentage of the value of the executed works.

The valuation may be carried out:

• According to the market value of the property compared to similar properties

• According to the documented material execution cost

• Through tables and coefficients prepared by official professional technical associations

• Through another verified methodology

In any case, the Administration will establish the valuation through a prior technical report and will grant a hearing to the interested party.

Fines must be paid within a maximum period of 30 days from the moment the resolution becomes enforceable.

Provisional measures

During the sanctioning procedure, the competent Administration may adopt provisional measures to ensure:

• The effectiveness of the resolution

• The collection of fines

• The restoration of urban planning legality

These measures must be justified and comply with legal requirements.

Possible criminal offence

If there are indications of a criminal offence against territorial planning:

• The matter is referred to the Public Prosecutor

• The sanctioning procedure is suspended

• Precautionary measures remain in force until judicial decision

• Facts proven in criminal proceedings bind the Administration

When facing urban planning enforcement proceedings in Ibiza, it is essential to act quickly and within the administrative deadlines.

It is necessary to analyse:

• The possibilities of legalization

• The options for reducing the sanction

• The possible prescription of the infringement

• The prescription of the sanction

• The deadline to initiate the restoration procedure

Each case requires an individual technical and legal assessment, depending on the specific circumstances of the property and the applicable regulations in the Balearic Islands.

An appropriate strategy from the outset can decisively influence the outcome of the proceedings.

At CDLA Abogados, we advise property owners and investors in urban planning enforcement proceedings in Ibiza, analysing each case individually to assess legalization possibilities, potential reductions of sanctions and the most appropriate defence strategies.

Early legal intervention allows actions to be taken with greater legal certainty and ensures effective protection of the owner's interests before the Administration.

In the sanctioning procedure, the competent administration has the authority to adopt provisional measures to ensure the effectiveness of the resolution, the collection of fines, and/or the restoration of urban legality. However, these measures must be justified and meet several requirements.

It is important to highlight that there are also crimes against land use planning, and if there are indications of a criminal offense:

a)     It is communicated to the Public Prosecutor's Office

b)     The sanctioning procedure is suspended

c)     Precautionary measures are maintained until judicial pronouncement

d)     The proven facts in the criminal proceedings bind the administration

IN ANY CASE,

In both procedures, it is important to have a specialized lawyer to check if there are possibilities for legalization, possibilities to reduce the imposed sanction, or a complete exemption through a possible prescription of the urban infringement, the imposed sanction, or the period to initiate the restoration procedure, etc.