Planning Enforcement for Interior Works Affecting Structural Elements

Removing a pillar, knocking down a load-bearing wall, modifying the floor slab structure. These are works that go well beyond a simple domestic refurbishment. They affect the structural safety of the building and require, without exception, a project signed by a competent technical professional and a full building permit (licencia de obras mayor).

If the council has opened enforcement proceedings for this type of works, the situation is more delicate than in other cases. Here is why — and what you can do.

What the law actually says

Law 38/1999, of 5 November, on Building Regulation (LOE), establishes in Articles 9 and 10 that any building work affecting the structure must be supported by a project signed by a competent technical professional (architect or building engineer, as applicable) and endorsed by the relevant professional association.

Article 11.3 of Royal Legislative Decree 7/2015, of 30 October (TRLS), establishes the duty to obtain a full building permit for these types of works.

Works affecting structural elements without a project or permit are generally classified as a serious or very serious infringement under regional planning regulations, depending on the scale and risk involved.

In addition, Organic Law 10/1995, of 23 November (the Penal Code), establishes in Article 319 that works that seriously alter the urban fabric may constitute the criminal offence of illegal construction. In practice, however, the criminal route is exceptional for interior works in private dwellings.

Steps you can take, in order

1. Engage a competent technical professional (architect or engineer) to assess the current structural condition. This is the first step, both for safety reasons and because of its importance in the proceedings.
2. If the works have been correctly carried out from a structural standpoint, the technical report certifying this is a key argument for legalisation.
3. Assess whether legalisation is possible. If the work is structurally sound and compatible with planning regulations, it can be legalised by submitting a project and applying for a retrospective permit.
4. Check how long ago the works were done and whether the infringement has expired under the statute of limitations.
5. Request the full enforcement file to understand the specific charge against you and its technical basis.
6. Submit written representations within the legal time limit.

Common errors made by councils

Error 1: Not requiring a structural safety report before opening proceedings. If the works affect the structure, the council can and should verify the safety of the building before issuing any decision.

Error 2: Confusing internal layout works with works affecting the structure. Not every wall that is demolished affects the structure. Only works that remove or modify load-bearing elements (pillars, load-bearing walls, floor slabs) are structural.

Error 3: Not checking whether the works carried out can be legalised with a technical project. If the work is structurally sound and compatible with the planning framework, it is legalísable even if no prior permit was obtained.

Error 4: Issuing a demolition order for structural works without a technical report justifying the risk. A demolition order for works affecting the structure must be backed by a technical report demonstrating that the building poses a safety risk.

Anonymous real-life case

Ramón S. knocked down a load-bearing wall in his property in Cáceres without a permit, replacing it with a correctly engineered steel lintel. The council opened both enforcement and restoration proceedings against him. We submitted a technical report from an architect certifying that the solution implemented was structurally correct and that the building posed no risk whatsoever. We then submitted a legalisation project and applied for a retrospective permit. The council closed the restoration proceedings and significantly reduced the penalty, recognising voluntary legalisation as a mitigating factor.

Frequently asked questions

Can structural works give rise to criminal liability? In exceptional cases, yes. Article 319 of the Penal Code classifies as a criminal offence works that seriously alter the urban fabric. For interior works in private dwellings, the criminal route is exceptional and requires a significant degree of seriousness.

If the structural work is technically sound, does that free me from the planning penalty? No. The fact that the work is technically well executed does not eliminate the planning infringement of carrying it out without a permit. However, it can facilitate legalisation and reduce the penalty.

Can I legalise structural work already carried out? Yes, provided the work is technically sound and compatible with planning regulations. You will need a project signed by a competent technical professional and must apply for a retrospective permit.

Can the council order the demolition of structural works that pose no risk? If the work is legalísable and poses no risks, a demolition order may be disproportionate and open to challenge. Proportionality is a relevant argument in these cases.

Do I need to hire an architect for the proceedings? For legalisation, yes: you need a project signed by an architect. For the written representations in the enforcement proceedings, an urban planning specialist can draft these and coordinate the defence with the architect preparing the legalisation project.

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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.