When a Spanish public body fines you, refuses your application or takes your land, there is a defined route to challenge it. That route has strict deadlines, and the first one is usually one month.
This page covers appeals against the administration: fines, planning, expropriation and claims for damage caused by a public body.
The two-stage route
Almost every dispute with a Spanish public body runs through two stages, and you cannot normally skip the first.
| Stage | What it is | Deadline |
|---|---|---|
| Administrative appeal | An appeal to the body itself, or to the one above it | Usually one month from notification |
| Judicial review | A claim in the administrative courts | Two months from the final administrative decision |
The one-month deadline is the one that catches people. It runs from notification, not from when you opened the letter, and notification to a Spanish address or an electronic address is effective whether or not you were in the country.
There is a second trap: administrative silence. If the body does not answer within the statutory period, the law treats that silence as a decision, usually a refusal, and the clock for the next stage starts running against you.
Fines
Traffic and municipal fines have their own shortened procedure, typically with a discount for early payment and a short window to make representations. Paying the discounted amount is normally treated as accepting the penalty, which matters if points or a disqualification are attached.
The most common defects worth challenging are failure of notification, expiry of the time limit for the procedure, and identification of the driver where the vehicle is registered to a company or a non-resident.
Planning and licences
We act on applications and appeals in relation to building licences, first occupation licences, orders to restore land to its previous state, and enforcement against works carried out without permission.
Two points matter for foreign owners. Enforcement powers expire after a period that varies by region and by the classification of the land, and works on protected or rural land are treated much more strictly than works in an urban zone. Both need establishing before you decide whether to fight or to regularise.
Expropriation
Where land is compulsorily acquired, the dispute is almost always about valuation rather than the principle. The owner is entitled to the market value of what is taken plus a statutory premium, and the valuation offered by the administration is frequently well below what can be obtained on appeal.
The route runs through the regional valuation board and then to the administrative courts.
Claims for damage caused by a public body
Spanish law makes public bodies liable for damage caused by the normal or abnormal operation of public services. This covers, among other things, falls caused by defective pavements, damage from failures in public works and losses caused by errors in administrative decisions.
The claim must be brought within one year of the damage, or of the point at which its extent became known.
Residency and immigration
We also act on refusals of residency applications, refusals of Spanish nationality and expulsion orders, which follow the same administrative-then-judicial route. Deadlines here are particularly short and the consequences of missing them are serious.
Frequently asked questions
I got a fine months ago and ignored it. Is it too late?
Often the appeal window has closed, but not always. Defective notification is common where the address on file is out of date, and it can reopen the position. It is worth having the file checked before you assume the worst, particularly if enforcement has begun against a bank account or a property.
The town hall has not replied to my application. What now?
That is administrative silence, and it is a decision you can appeal. The critical thing is that silence starts a clock, so waiting politely for an answer is the one thing you should not do.
Do I need to be in Spain?
No. These procedures are almost entirely on paper and can be run under a power of attorney.
How long does an administrative court case take?
Longer than most people expect: commonly one to two years at first instance, sometimes more. The administrative appeal stage is much quicker, which is one reason it is worth doing properly.
Can I stop the fine being enforced while I appeal?
Enforcement can be suspended, but it is not automatic. A suspension has to be applied for and usually requires security. We tell you at the outset whether it is realistic in your case.
Talk to us
Send us the decision letter and the envelope or the notification record. The date on it usually determines everything. Contact us here, or call 654 581 493.