Planning Infringements in Asturias: TROTU (Legislative Decree 1/2004) and Limitation Periods

Asturias has its own urban planning legislation with particular emphasis on the protection of landscape and rural land. The reference legislation is Legislative Decree 1/2004, of 22 April, approving the Consolidated Text of the legal provisions in force on territorial planning and urban development of the Principality of Asturias (TROTU). The regulatory framework is supplemented by Decree 63/2022, of 9 November, approving the Territorial Planning and Urban Development Regulations of the Principality of Asturias (in force since 23 November 2022). [LEGAL NOTE: verify whether there have been substantial changes up to 2025]

What the law actually says

The TROTU governs the regime of planning infringements and sanctions in Asturias in Articles 233 and following. [LEGAL NOTE: verify exact articles]

Limitation periods for infringements (Article 255.1 TROTU):

• Very serious infringements: 4 years.
• Serious infringements: 2 years.
• Minor infringements: 1 year.

Non-developable land with special protection: in Asturias, actions in areas of special environmental protection or on the coast may give rise to an imprescriptible restoration action. [LEGAL NOTE: verify the exact article in the TROTU]

A distinctive feature of Asturias is the protection of the Cantabrian coastline and the inland valleys, with areas of special ecological interest subject to a very restrictive planning regime.

Steps you can take, in order

1. Determine the type of land and whether the works are close to the coastline or to areas of environmental protection.
2. Identify the type of infringement and the applicable limitation period (Article 255.1 TROTU).
3. Verify the age of the works and whether the infringement has become time-barred.
4. Check whether the proceedings have lapsed.
5. Assess legalisation if the works are compatible with the TROTU and the local planning documents.
6. Submit written representations within the legal deadline.

Common errors made by councils in Asturias

Error 1: Failing to take into account the specific restrictions of the Cantabrian coastline. The areas of maritime-terrestrial public domain and the coastal protection easement zones have additional restrictions beyond those of the TROTU.

Error 2: Failing to distinguish between non-developable land with generic protection and special protection. The limitation regime may differ between them.

Error 3: Incorrectly calculating the start of the limitation period.

Error 4: Failing to verify the possibility of legalisation before issuing the demolition order.

Anonymous real-life case

Ernestina V. had a 10 m² wooden shed on her rural property in Asturias. The works were 3 years old. The infringement was classified as minor. Article 255.1 of the TROTU set a limitation period of 1 year for minor infringements. The limitation period had expired more than 2 years earlier. We submitted written representations on the grounds of limitation. The proceedings were closed.

Frequently asked questions

Is the TROTU the legislation in force throughout the Principality of Asturias? Yes. The TROTU (Legislative Decree 1/2004) applies throughout the territory of the Principality of Asturias, supplemented by Decree 63/2022 (Territorial Planning and Urban Development Regulations of the Principality of Asturias, in force since 23/11/2022). [LEGAL NOTE: verify whether there have been substantial changes up to 2025]

Do coastal areas in Asturias have special planning restrictions? Yes. Law 22/1988, of 28 July, on Coasts, establishes restrictions in the coastal protection easement zone, which are superimposed on those of the TROTU.

Are the limitation periods in Asturias short? They are intermediate: 4 years for very serious infringements, 2 years for serious infringements and 1 year for minor infringements (Article 255.1 TROTU). [LEGAL NOTE]

Is the restoration action on specially protected land in Asturias imprescriptible? [LEGAL NOTE: verify the exact article in the TROTU]

How long do I have to submit written representations in Asturias? The hearing period is 10 working days from notification of the statement of charges, in accordance with the LPACAP.

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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.