Planning Enforcement in Madrid: Deadlines and Key Rules (Law 9/2001 and 2024 Reform)

The Community of Madrid has its own urban planning legislation, and its limitation periods and enforcement regime have undergone a substantial reform. If you have a planning enforcement case in any municipality of the Community of Madrid — including the capital — here is what you need to know.

What the law actually says

The reference planning legislation in the Community of Madrid is Law 9/2001, of 17 July, on Land in the Community of Madrid (LSM), substantially amended by Law 7/2024, of 26 December (in force since 28 December 2024). This reform has radically altered the limitation regime.

Articles 191 to 208 of the LSM govern the regime of planning infringements and sanctions in the Community of Madrid.

Classification of infringements (Article 191 LSM):

• Very serious infringements: including, among others, construction works on specially protected non-developable land, or works that exceed the permitted floor area ratio by more than double.
• Serious infringements: including, among others, construction works without a planning permit that exceed planning parameters by up to double.
• Minor infringements: all other typified infringements.

Limitation periods (Article 236 LSM, current wording following Law 7/2024): The 2024 reform abolished the distinction based on the seriousness of the infringement and introduced a scheme based on the type of land:

• 6 years: general period (urban land and non-developable land with ordinary protection).
• 15 years: non-developable land with special protection.
• Imprescriptible: actions affecting roads, green areas, open spaces and public domain.

Important: the periods prior to Law 7/2024 (very serious: 4 years / serious: 2 years / minor: 6 months) applied to infringements committed before 28 December 2024. For infringements after that date, the new scheme applies.

Lapse of proceedings (Article 195.4 LSM following the reform): the lapse period for enforcement proceedings is 1 year from their initiation.

Steps you can take, in order

1. Identify the type of infringement attributed to you according to the classification in Article 191 LSM.
2. Determine the date of the infringement to establish which limitation regime applies: the previous one or that of Law 7/2024.
3. Check the type of land (urban, developable, non-developable with ordinary protection, non-developable with special protection, roads/green areas/open spaces/public domain) as this determines the applicable period.
4. Verify whether the proceedings have lapsed. If more than 12 months have passed since initiation without a resolution, there may be lapse of proceedings.
5. Request the complete case file and verify the measurements and classification of the infringement.
6. Submit written representations within the legal deadline.

Common errors made by Madrid councils

Error 1: Applying the limitation periods predating Law 7/2024 to infringements committed after 28/12/2024. The reform radically changed the limitation scheme. The “4 years / 2 years / 6 months” periods only apply to infringements committed before that date.

Error 2: Failing to distinguish between non-developable land with ordinary protection (6 years) and special protection (15 years). This distinction is decisive for the applicable limitation period.

Error 3: Miscalculating the lapse period for proceedings. The 1-year period from initiation is peremptory. If the council issues a resolution outside that period, the proceedings may have lapsed.

Error 4: Applying national legislation (LPACAP) without regard to the specific regional legislation. The LSM has its own provisions which in some respects depart from the LPACAP.

Anonymous real-life case

Adolfo M., owner of a plot in a municipality in the Sierra de Madrid, received planning enforcement proceedings in 2023 for a 20 m² wooden shed that had been in place for 3 years. The infringement was classified as serious. The Madrid legislation in force at that time set a limitation period of 2 years for serious infringements. The limitation period had expired before the council opened the proceedings. We submitted written representations on the grounds of limitation. The proceedings were closed.

Frequently asked questions

Does Law 9/2001 of Madrid also apply in the municipality of Madrid itself? Yes. Law 9/2001 (as amended, including by Law 7/2024) applies throughout the territory of the Community of Madrid, including the municipality of Madrid, although Madrid as a capital city has its own General Urban Development Plan that develops the regional legislation.

Is the limitation period in Madrid the same for all types of works since 2025? No. Since Law 7/2024 (in force from 28/12/2024), the period depends on the type of land: 6 years (general), 15 years (non-developable land with special protection) or imprescriptible (roads, green areas, open spaces and public domain). There is no longer a distinction based on the seriousness of the infringement.

Is restoration action on specially protected non-developable land in Madrid imprescriptible? No. Article 236 LSM in its current wording following Law 7/2024 sets 15 years (not imprescriptibility) for non-developable land with special protection. Imprescriptibility only applies to roads, green areas, open spaces and public domain.

How long do I have to submit written representations in Madrid proceedings? The hearing period is 10 working days from notification of the statement of charges, in accordance with the LPACAP which applies on a supplementary basis.

Can the Madrid council impose sanctions above the limits set in Law 9/2001? No. The limits on sanctions are set in the LSM. Municipal bylaws may develop the law but cannot exceed its limits.

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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.