Planning Infringements in Castilla-La Mancha: TRLOTAU (Legislative Decree 1/2023) and Limitation Periods

Castilla-La Mancha approved in 2023 Legislative Decree 1/2023, of 28 February, approving the Consolidated Text of the Law on Territorial Planning and Urban Activity (TRLOTAU). This is the current reference legislation for planning enforcement cases in the region. [LEGAL NOTE: verify whether there have been changes after February 2023 up to 2025]

What the law actually says

The TRLOTAU governs the regime of planning infringements and sanctions in Castilla-La Mancha. The general enforcement regime begins at Article 183 TRLOTAU; special infringements are regulated from Article 192. [LEGAL NOTE: verify the exact articles in the TRLOTAU 2023]

Limitation periods for infringements in Castilla-La Mancha (Article 187.1 TRLOTAU):

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

Specially protected rural land: in Castilla-La Mancha, actions on specially protected rural land are subject to a more restrictive regime and may give rise to an imprescriptible restoration action. [LEGAL NOTE: verify the exact article in the TRLOTAU]

A distinctive feature of Castilla-La Mancha is the extent of the La Mancha plain and the presence of large areas of rural land with agricultural protection that have their own particular characteristics.

Steps you can take, in order

1. Identify the type of infringement according to the TRLOTAU and the applicable limitation period (Article 187.1 TRLOTAU).
2. Determine the type of land and verify whether imprescriptibility applies.
3. Calculate the start date of the limitation period. [LEGAL NOTE]
4. Verify the lapse of proceedings by checking the procedural dates.
5. Assess legalisation if the works are compatible with the TRLOTAU and the local planning documents.
6. Submit written representations within the legal deadline.

Common errors made by councils in Castilla-La Mancha

Error 1: Using the previous legislation (LOTAU or earlier versions) instead of the TRLOTAU 2023. The 2023 consolidated text codified the legislation and is the current reference.

Error 2: Applying limitation periods different from those in Article 187.1 TRLOTAU. The correct periods are 5/3/1 years (VS/S/M). Shorter periods such as “4/2/1 years” are incorrect.

Error 3: Failing to distinguish between rural land with agricultural protection and rural land with special environmental protection. The applicable regime may differ in each case.

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

Anonymous real-life case

Concepción A. had a 20 m² storage shed on her agricultural holding on the outskirts of Toledo. The works were 4 years old. The infringement was classified as minor. The applicable legislation set a limitation period of 1 year for minor infringements (Article 187.1 TRLOTAU). The limitation period had expired 3 years earlier. We submitted written representations on the grounds of limitation. The proceedings were closed.

Frequently asked questions

Has the TRLOTAU 2023 repealed all previous planning legislation in Castilla-La Mancha? The TRLOTAU is a consolidated text that codifies and systematises the previous legislation. [LEGAL NOTE: verify which legislation is expressly repealed by Legislative Decree 1/2023]

Are the limitation periods under the TRLOTAU the same as in other autonomous communities? There is no uniform national standard: each autonomous community sets its own ranges. In Castilla-La Mancha the periods are 5/3/1 years (VS/S/M) pursuant to Article 187.1 TRLOTAU. [LEGAL NOTE: verify exact articles in the TRLOTAU]

Is the restoration action on specially protected rural land in Castilla-La Mancha imprescriptible? [LEGAL NOTE: verify the exact article in the TRLOTAU 2023]

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

Does the High Court of Justice of Castilla-La Mancha have its own criteria on the TRLOTAU? Case law on the new TRLOTAU 2023 is still being developed given that the legislation is recent.

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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.