Planning Discipline in Galicia: Current Law (LSG) and Limitation Periods

Galicia has a territorial structure characterised by a large number of small rural municipalities and a highly dispersed pattern of construction. This makes planning proceedings for works on rural land particularly common.

What the law says exactly

The current planning legislation in Galicia is Law 2/2016, of 10 February, on Galician Land (LSG), developed by Decree 143/2016, of 22 September, approving the Regulations of the Galician Land Act. Law 2/2016 has been amended by Law 5/2024 and Law 10/2023.

Definition of planning infractions (Article 157 LSG): the LSG classifies planning infractions as very serious, serious, and minor, in accordance with the criteria established in that article.

Limitation periods for infractions (Article 159 LSG):

• 15 years: very serious infractions under Article 158.2.a) LSG — green spaces, open spaces, public facilities and infrastructure, roads, and the protection zone under Article 92.1 LSG.
• 6 years: serious and very serious infractions under Articles 158.2.b), c), and d) LSG — specially protected rural land, parcelling of rural land, demolition of listed elements, urbanisation without approved planning.
• 2 years: minor infractions.

Limitation periods for sanctions (Article 159.2 LSG):

• Very serious: 5 years.
• Serious: 3 years.
• Minor: 1 year.

Lapse of restoration of planning legality proceedings (Article 152.3 LSG): 1 year from initiation.

Imprescriptibility of the restoration action (Article 155 LSG): for green spaces, open spaces, roads, public facilities, and infrastructure, the restoration proceedings may be processed regardless of how many years have passed since the infraction was committed. The restoration action in these cases is imprescriptible.

A particular feature of Galicia is the category of “núcleo rural land” (rural settlement land), which has a specific regime distinct from both rural land and urban land, with its own construction possibilities.

Steps you can take, in order

1. Identify the type of land precisely: urban, developable, núcleo rural land, ordinarily protected rural land, specially protected rural land.
2. Determine the type of infraction and the applicable limitation period under Article 159 LSG.
3. Calculate the starting date of the limitation period (generally from the completion of the works).
4. Verify the lapse of proceedings by checking whether more than 12 months have passed since initiation.
5. Assess whether the works can be legalised under Law 2/2016, particularly on núcleo rural land.
6. Submit representations within the legal deadline.

Common errors made by Galician councils

Error 1: Failing to take into account the núcleo rural land category. In Galicia, many works in rural areas are not on rural land but on núcleo rural land, which has a more favourable construction regime.

Error 2: Applying the imprescriptibility regime to ordinarily protected rural land. The imprescriptibility of the restoration action (Article 155 LSG) only applies to green spaces, open spaces, roads, and public facilities.

Error 3: Applying repealed legislation. The LOUGA (Law 9/2002) was repealed by Law 2/2016 on Galician Land, which is the current applicable law. Proceedings must be conducted in accordance with the LSG, with the amendments introduced by Laws 5/2024 and 10/2023.

Error 4: Failing to verify whether the works can benefit from the núcleo rural land construction regime. This regime may permit constructions that would be impossible on rural land.

Anonymised real case

Manuel F. had a 30 m² home extension in a village in Lugo. The council classified it as rural land. On reviewing the planning documents, we found that the village was classified as núcleo rural land. The extension, being on núcleo rural land, could be legalised through the procedure provided in Law 2/2016 on Galician Land. We submitted a legalisation application. The restoration proceedings were archived.

Frequently asked questions

What is the current legislation in Galicia? Law 2/2016, of 10 February, on Galician Land (LSG), developed by Decree 143/2016 (Regulations). The LSG repealed the former LOUGA (Law 9/2002) and has been amended by Laws 5/2024 and 10/2023. It is the current reference legislation.

What is núcleo rural land in Galicia? It is a specific category in Galician legislation for areas of traditional settlement in rural areas. It has a more favourable construction regime than rural land, allowing works that would be impossible on ordinary rural land.

Are the limitation periods in Galicia the same as in other autonomous communities? They are relatively long (15 years for the most serious subtype, 6 years for serious and very serious infractions in general, 2 years for minor ones), similar to those in Catalonia for very serious infractions. The exact article of the LSG must always be checked to determine the applicable period.

Is imprescriptibility in Galicia absolute for green spaces and open spaces? Yes. Pursuant to Article 155 LSG, for green spaces, open spaces, roads, public facilities, and infrastructure, the restoration of planning legality action may be processed without any time limit.

Does the Superior Court of Justice of Galicia have its own criteria on the legislation? Yes. The case law of the TSJ of Galicia interprets Law 2/2016 on Galician Land and is relevant to proceedings in Galicia.

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Legal notice: This article is for informational purposes only and does not constitute personalised legal advice. Every case has its own particular circumstances. Consult a professional before taking any action.