Planning Statute of Limitations in the Canary Islands: LSENPC (Law 4/2017) and Its Particularities

The Canary Islands have recent and very comprehensive planning legislation, shaped by the special protection of island territory and by the pressure of tourism. The reference legislation is Law 4/2017, of 13 July, on Land and Protected Natural Spaces of the Canary Islands (LSENPC). [CHECK REGULATIONS: verify whether any amendments have been made up to 2025]

What the law says exactly

The LSENPC draws a precise distinction between the regime for the protection of planning legality (Title IX, Articles 358–368) and the sanctioning regime (Title X, Articles 369 and following). It is important not to confuse the two.

Limitation periods for violations (Article 407 LSENPC):

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

Initiation of proceedings to restore planning legality (Article 361.1.b LSENPC): the deadline to initiate the restoration proceedings is 4 years from the complete completion of the works or uses.

Expiry of restoration proceedings (Article 356 LSENPC): 6 months from initiation.

Environmentally protected rural land: in these areas, the regime is especially restrictive and the restoration action may be imprescriptible. [CHECK REGULATIONS: verify the exact article]

The rural settlement (asentamiento rural) figure: in the Canary Islands there is a specific “rural settlement” figure that allows a degree of regularisation of historical situations in rural areas. [CHECK REGULATIONS: verify the exact regime under LSENPC]

A Canarian particularity is the existence of the General Planning Guidelines (Directrices de Ordenación General) and the Island Planning Schemes (Planes Insulares de Ordenación), which play a significant role in defining the land type and building possibilities.

Steps you can take, in order

1. Determine the type of land in accordance with the LSENPC and the relevant Island Planning Scheme.
2. Identify whether the proceedings are for protection of planning legality (Title IX) or enforcement (Title X). These are different procedures with different rules and deadlines.
3. Identify the type of violation and the applicable limitation period (Art. 407 LSENPC).
4. Verify the age of the works and whether the violation or restoration action has become time-barred.
5. Check whether the proceedings have expired (6 months for restoration proceedings, Art. 356 LSENPC).
6. Assess whether the works may qualify for the rural settlement regime if applicable.
7. Submit your written representations within the legal deadline.

Common errors by Canarian councils

Error 1: Failing to take account of the Island Planning Scheme for each island. In the Canary Islands, island planning has greater importance than in other autonomous communities.

Error 2: Confusing Title IX (protection of planning legality, Arts. 358–368) with Title X (sanctioning regime, Arts. 369 et seq.). These are different regimes with their own rules and deadlines. The sanctioning legislation is in Articles 369 and following, not in Article 358.

Error 3: Failing to verify whether the area falls within a protected natural space. The Canary Islands have a high proportion of protected land.

Error 4: Incorrectly applying the rural settlement regime. This Canary Islands-specific regime may allow regularisations that would be impossible under the general regime.

Error 5: Miscalculating the start of the limitation period.

Anonymous real case

Santiago O. had a home extension in a municipality on Gran Canaria. The works were 3 years old. The violation was classified as serious. The legislation set a 2-year limitation period for serious violations (Article 407 LSENPC). The limitation period had run. We submitted written representations on limitation grounds. The proceedings were archived.

Frequently asked questions

Does the LSENPC apply throughout the Canary Islands? Yes. The LSENPC applies throughout the territory of the Autonomous Community of the Canary Islands, although the Island Planning Schemes for each island play a determining role.

What is a “rural settlement” (asentamiento rural) in the Canary Islands? It is a specific figure in Canarian legislation that allows the regularisation of historical building situations in the rural areas of the islands, subject to specific requirements. [CHECK REGULATIONS: verify the exact regime under LSENPC]

Is environmental protection in the Canary Islands stricter than on the mainland? In general, yes. The Canary Islands have a high proportion of protected land (National Parks, Rural Parks, Natural Monuments, etc.) with very restrictive planning rules.

Are the limitation periods in the Canary Islands the same for all types of violations? No. Article 407 LSENPC sets differentiated periods: 4 years (very serious), 2 years (serious) and 1 year (minor). Each autonomous community sets its own limitation periods; there is no uniform national standard.

Does the Island Council (Cabildo Insular) have competence over planning enforcement in the Canary Islands? The Island Councils have their own competences in island land use planning. The local councils (ayuntamientos) are competent in matters of local planning enforcement. [CHECK REGULATIONS: verify the distribution of competences]

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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.