Defense against urban planning enforcement proceedings over tourist rentals
Advice for property owners who have received a cessation order, a municipal notice or a proceeding for planning incompatibility of the tourist use of their home.
Analyze my case without obligationWhen the problem is not the tourist licence, but the planning use
A property can have its tourist paperwork in order and still receive a proceeding from the town hall because the urban plan does not allow that use in its location. It is a different route from a tourism sanction and is defended differently.
Cessation orders
Analysis of the municipal order to stop the tourist use, its reasoning, the body that issued it and the routes to challenge it.
See appeal routes →Planning incompatibility
Review of the urban plan applicable to the property and of the date the activity began, to assess whether the use is really incompatible.
See PEUAT guide →Planning sanction proceedings
Defense against penalties and coercive fines for unauthorised uses, with a review of the classification and proportionality.
See information →Regularisation and alternatives
Assessment of whether the use can be regularised, the rental model changed or a deadline negotiated before enforcement.
See licences →What is reviewed in a planning proceeding
Planning law is regional and municipal, and varies greatly from one city to another. In Barcelona, for example, tourist use is conditioned by the special urban plan for tourist accommodation (PEUAT); elsewhere it will depend on the general plan and local ordinances. That is why the first step is to identify precisely which rules apply to the property.
The defense reviews, among other things, the competence of the body, correct notification, the date the activity began compared with the entry into force of the plan, whether there is a prior licence or title, the reasoning behind the cessation order and the proportionality of the measures adopted. We also assess whether to request interim suspension of the order while the appeal is processed.
Appeal deadlines are the general ones: one month for reconsideration or alzada appeals and two months for a contentious-administrative appeal from notification of the decision. A cessation order that is ignored can lead to coercive fines or substitute enforcement, so it is best reviewed as soon as possible.
How we approach the case
Identify the applicable rules
Urban plan and ordinances applicable to the property, and the current planning and tourism status of the home.
Analyse the decision
Reasoning, issuing body, deadlines, measures ordered and possible procedural defects.
Define the strategy
Objections, appeal, request for suspension, regularisation or negotiation with the town hall.
Follow-up
Support before the town hall and, where appropriate, before the contentious-administrative courts.
Frequently asked questions
It is the procedure by which the town hall checks that a use or works comply with the urban plan and, if not, orders the legal situation to be restored (for example, ceasing the use) or imposes a penalty.
Yes, it is possible. Tourism paperwork and planning compliance are separate matters, and a property may be in order on one and not on the other. The specific case must be reviewed.
Suspension can be requested as an interim measure. Whether it is granted depends on the circumstances of the case and the harm that immediate enforcement would cause, so it cannot be taken for granted.
It can lead to coercive fines and other enforcement measures. Even if you disagree with the order, it is best to respond and appeal within the deadline.
As a general rule, one month for a reconsideration or alzada appeal and two months for a contentious-administrative appeal from notification. This must be checked against the decision received.