An administrative appeal is the tool the law gives to any citizen or business to ask the public administration to review one of its own acts — a penalty, a denied licence, a tax assessment, a grant decision — before having to go to court. The general framework is set out in Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations (LPACAP), which regulates three distinct mechanisms — alzada, reposición and revisión — and determines when each is the correct route. Choosing the wrong appeal, or missing the deadline, can permanently close the door to a defence. This guide, updated for 2026, explains which appeal applies in each case, the relevant deadlines, and how the defence is structured up to, where necessary, judicial review.
What is an administrative appeal and what is it for?
An administrative appeal is a formal submission through which the interested party challenges an act of the administration on the grounds that it is contrary to law, and requests that it be reviewed, amended or annulled. Unlike a simple submission of allegations, an appeal is filed against a decision that has already been issued — or against the administration's silence — and is processed according to a procedure and deadlines set by law.
Its main purpose is twofold: on one hand, it offers a quick, free way to correct errors made by the administration without the need for litigation; on the other, in most cases it is a mandatory step before being able to go to the contentious-administrative courts. Filing the wrong appeal, or filing it out of time, can result in it being dismissed as inadmissible and leave the interested party without any defence against the contested act.
The three types of administrative appeal
The LPACAP distinguishes three mechanisms, each designed for a different stage of the procedure.
Alzada appeal
Filed against acts that do not exhaust administrative channels, with the hierarchical superior of the body that issued the act. It is mandatory: one cannot go directly to court without having filed it first. It can be submitted to the body that issued the act itself, or directly to the body competent to decide it; in the first case, the file must be forwarded to the superior body within ten days.
Reposición appeal
Directed against acts that do exhaust administrative channels, and filed with the same body that issued the act. Unlike the alzada appeal, it is optional: the interested party can choose to file it, or go directly to judicial review. What is not possible is doing both at the same time, nor filing a reposición appeal after already having gone to court over the same act.
Extraordinary revision appeal
This is an exceptional route, reserved for acts that are final within administrative channels, and only available in cases set out by law: when documents of essential value that were unknown when the decision was issued come to light, when the decision was influenced by documents or testimony later declared false, when it was issued as a result of bribery, malfeasance or another criminal offence, or when a ground for absolute nullity exists. The deadline to file it is four years, or three months, depending on the ground relied upon.
The alzada and reposición appeals are mutually exclusive: each administrative act only admits one of the two ordinary appeals, never both. Checking whether the act does or does not exhaust administrative channels is the first step before drafting any submission.
Deadlines for filing an administrative appeal
Deadlines are peremptory: missing them closes off the appeal with no possibility of a later remedy, except in very exceptional cases.
- Alzada appeal: one month from the day after notification if the act is express; if it is presumed, through administrative silence, it can be filed at any time from the day after the effects of the silence arise.
- Reposición appeal: one month from the day after notification of the express act, with the same rule for presumed acts as for the alzada appeal.
- Extraordinary revision appeal: four years from notification of the contested decision if the ground is the emergence of essential documents; three months from when the ground became known, for the remaining grounds.
The deadline is counted in calendar days when set in months, and in working days when the law sets the deadline in days, excluding Saturdays, Sundays and public holidays. Filing the appeal on the same day as notification, instead of the day after, is a common mistake that can lead to it being dismissed as inadmissible.
Deadline to decide and administrative silence
The administration is obliged to issue an express decision, but the law sets out what happens if it fails to do so within the deadline:
- The alzada appeal must be decided within a maximum of three months. Once that period elapses without an express decision, it is deemed dismissed by silence, except in the exceptional case where the appeal is filed against the silent dismissal of an application, in which case the silence on the appeal is deemed to be a favourable decision.
- The reposición appeal must be decided within one month. Once that period elapses without a response, it is likewise deemed dismissed by silence.
A silent dismissal is not an obstacle: it allows the interested party to go to judicial review exactly as if an express denial had been received, without having to wait indefinitely.
The administration's failure to respond does not close off the right to a defence. Once the decision deadline has passed, the interested party can treat the appeal as dismissed and prepare a judicial review claim, or wait for the express decision, which the administration remains obliged to issue even though it is already out of time.
Requirements for the appeal submission
Article 115 of the LPACAP requires the appeal submission to contain, at a minimum:
- Full name or company name of the appellant, and a means for receiving notifications.
- The act being appealed and the reason for the challenge.
- Place, date and identification of the body to which it is addressed.
- The arguments raised, together with any supporting documents.
- Signature of the appellant or their representative.
Mislabelling the appeal — calling it, for example, a "reposición" appeal when it should really be an "alzada" appeal — is not, on its own, grounds for inadmissibility: the administration must process it as the appeal that actually corresponds to its content, provided its true nature can be deduced from the submission.
Judicial review before the contentious-administrative courts
Once administrative channels have been exhausted — either because the appeal has been decided, or because silence has applied — the final route is judicial review, governed by Law 29/1998, of 13 July, before the Courts and Tribunals of the contentious-administrative jurisdiction. The general deadline is two months from notification of the express decision that exhausts administrative channels, or six months from when silence occurs, if one chooses to go to court without waiting for an express decision.
Unlike administrative appeals, judicial review requires representation by a court agent (procurador) and legal counsel in most proceedings, and is governed by procedural rules different from those of the administrative procedure.
When it is worth appealing, and when it is not
Not every act calls for the same strategy. Before appealing, several factors are worth weighing:
- Whether there are procedural defects in how the file was processed — lack of a hearing, insufficient reasoning, lack of competence of the body — that could result in the act being voidable or void.
- Whether the substance of the matter is defensible given the available evidence, or whether the appeal would only serve to delay an already foreseeable outcome.
- The opportunity cost of exhausting administrative channels before going to court, especially when the appeal is optional and one could go directly to judicial review.
- Whether the act is subject to immediate enforcement despite the appeal, which may make it necessary to request a stay of execution at the same time.
A request to stay the contested act is not automatic: it must be expressly requested and justified, weighing the harm that immediate enforcement would cause against the public interest in the act being carried out.
Frequently asked questions
What is the deadline to file an alzada appeal?
One month from the day after notification if the act is express. If it is presumed, through administrative silence, it can be filed at any time from the day after the effects of the silence arise.
What is the difference between the alzada appeal and the reposición appeal?
The alzada appeal is directed to the hierarchical superior when the act does not exhaust administrative channels and is mandatory; the reposición appeal is optional and is filed with the same body that issued an act that does exhaust administrative channels. Both cannot be used against the same act.
Is it mandatory to exhaust administrative channels before going to court?
Yes, with limited exceptions. For acts that do not exhaust administrative channels, the alzada appeal is mandatory; for acts that do exhaust them, an optional reposición appeal is available, or one may go directly to judicial review.
What happens if the administration fails to decide the appeal in time?
Administrative silence applies. For the alzada appeal, the maximum decision period is three months; for the reposición appeal, one month. Once that period elapses without an express decision, the appeal is deemed dismissed and judicial review can be pursued.