According to the Penal Code, an urban planning offense is an infraction that occurs when carrying out acts of urbanization, construction or building without due authorization on protected or non-urbanizable land, contravening current territorial regulations.
Planning offences and environmental offences
Crimes against urban planning
Crimes against urban planning and land management are regulated in Articles 319 and 320 of the Spanish Penal Code. These laws protect the public system for allocating land use with the aim of ensuring rational and balanced environmental planning. This is a matter that, in addition to being regulated by criminal law, falls under administrative law. Therefore, to determine whether conduct constitutes an urban planning offense under the Penal Code , it is also necessary to know the administrative regulations in force at the time of the events.
Regarding crimes against urban planning
The crime of illegal urbanization refers to carrying out urbanization, construction or building works on land where these activities are not permitted, especially on protected or non-urbanizable land.
The penalties may include imprisonment from 1 year and 6 months to 4 years, fines of 12 to 24 months or more, depending on the benefit obtained, and special disqualification from practicing professions related to construction.
The crime of urban planning malfeasance is committed when an authority or public official approves or grants construction or urbanization licenses that violate territorial or urban planning regulations, knowing of their illegality.
Legal entities may be fined and face penalties such as dissolution, suspension of activities, closure of premises and prohibition from carrying out future activities if they are found guilty of urban planning offenses.
Developers, builders or technicians who carry out unauthorized works on protected or non-urbanizable land may face prison sentences, significant fines and professional disqualification.