The Spanish Supreme Court Clarifies And Establishes That Licenses Will Not Be Deemed Granted Due To Public Administration Silence If They Violate Planning Laws

12 May 2009

This ruling resolves uncertainty caused by contradictory judgements issued in the past few years.

A Spanish city council filed a special appeal with the Supreme Court requesting that they interpret and set legal doctrine for various Spanish laws.

The final and decisive conclusion is that although a public administrative body, for example a city council, does not expressly rule on a work or construction license request within the legal period set for that purpose, the license cannot be considered granted due to the so-called “tacit mechanism” of administrative silence if there are aspects and or conditions which violate territorial or urban town planning laws.

Evidently, this is enormously important for real estate constructors and developers, but also for individuals who have requested or are going to request licenses.

For further information, please contact Alex Ensesa Casulleras :