Planning Infringements in the Valencian Community: TRLOTUP (Legislative Decree 1/2021) and Limitation Periods

The Valencian Community has urban planning legislation with distinctive characteristics and a historically active enforcement culture. If you have proceedings in any Valencian municipality, the reference legislation is Legislative Decree 1/2021, of 18 June, of the Consell, approving the Consolidated Text of the Law on Territorial Planning, Urban Development and Landscape (TRLOTUP). This consolidated text codified the previous Law 5/2014 (LOTUP) with its amendments, and has itself been amended by Law 7/2023.

What the law actually says

The TRLOTUP governs the planning enforcement regime in the Valencian Community. Title X, Articles 264 and following, establishes the regime of infringements and sanctions.

Classification of infringements according to the TRLOTUP: very serious, serious, and minor, depending on the type of action, the type of land, and the seriousness of the planning impact.

Limitation periods for infringements (Article 270 TRLOTUP):

• Very serious and serious infringements: 4 years (the periods for very serious and serious infringements are equalised at 4 years).
• Minor infringements: 1 year.

Protected non-developable land: in the Valencian Community, actions on specially protected non-developable land give rise to an imprescriptible restoration action. [LEGAL NOTE: verify the exact article in the TRLOTUP]

Lapse of enforcement proceedings: in the Valencian Community, the lapse period for enforcement proceedings is 6 months, extendable by a further 6 months (Article 276 TRLOTUP).

A particular feature of the Valencian Community is the regime for works on non-developable land, where the legislation has historically been very strict, especially in coastal areas and in areas of environmental protection.

Steps you can take, in order

1. Identify the type of infringement attributed to you according to the TRLOTUP and the applicable limitation period.
2. Determine the type of land. In the Valencian Community, specially protected non-developable land has a special regime.
3. Calculate the start date of the limitation period from the completion of the works or from the commission of the infringement. [LEGAL NOTE]
4. Verify whether the proceedings have lapsed by checking the procedural dates (maximum period: 6 months extendable to 12 months pursuant to Article 276 TRLOTUP).
5. Assess legalisation. On urban land, many works can be legalised. On non-developable land, the possibilities are more limited.
6. Submit written representations within the legal deadline.

Common errors made by Valencian councils

Error 1: Applying the incorrect limitation period by misclassifying the infringement. Under the TRLOTUP, serious and very serious infringements have the same 4-year period (Article 270). The distinction between minor (1 year) and serious/very serious (4 years) is decisive.

Error 2: Failing to distinguish between protected non-developable land and unprotected non-developable land. The restoration action on specially protected non-developable land may be imprescriptible.

Error 3: Failing to verify planning compatibility before issuing the demolition order. If the works can be legalised, the demolition order should not be issued.

Error 4: Incorrectly calculating the construction cost of the works to determine the amount of the sanction.

Anonymous real-life case

Ernesto V. had a porch attached to his house in a municipality in the Valencian interior. The works were 5 years old. The infringement was classified as serious. The applicable legislation set a limitation period of 4 years for serious infringements (Article 270 TRLOTUP). The limitation period had expired the previous year. We submitted written representations on the grounds of limitation with documentation evidencing the age of the works. The proceedings were closed.

Frequently asked questions

Does the TRLOTUP apply throughout the Valencian Community, including all three provinces? Yes. The TRLOTUP (Legislative Decree 1/2021) applies throughout the territory of the Valencian Community, in the municipalities of Valencia, Castellón, and Alicante.

Have the limitation periods under the TRLOTUP changed following recent amendments? The TRLOTUP was amended by Law 7/2023. It is important to verify the periods in force at the time the infringement was committed. The current periods under Article 270 TRLOTUP are 4/4/1 years (VS/S/M).

Is the restoration action on non-developable land in the Valencian Community always imprescriptible? Only on specially protected non-developable land, not on ordinary non-developable land. [LEGAL NOTE: verify the exact article]

Can Declarations of Community Interest (DIC) legalise construction on non-developable land? The DIC is a specific instrument of the Valencian Community that allows certain activities on non-developable land to be authorised. It is not a direct route to legalise works that have already been carried out illegally. [LEGAL NOTE]

Does the High Court of Justice of the Valencian Community have its own criteria on planning limitation? Yes. The case law of the High Court of Justice of the Valencian Community is relevant to interpreting the TRLOTUP. It is advisable to verify the current case law criteria at the time of submitting the written representations.

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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.