Introduction
The Decree-Law on Administrative Simplification and Rationalisation of 24 May 2024 introduces a set of measures aimed at streamlining public procedures, reducing bureaucratic burdens and improving efficiency in the relationship between citizens, companies and Public Administrations.
Main objectives
The decree pursues three essential goals: streamlining procedures, unifying procedures and modernising administrative management by means of digital tools and efficiency criteria. In addition, this Decree-Law introduces one of the most relevant measures in recent years in urban planning matters: a true urban planning amnesty that allows for the legalisation of buildings that are out of order or have prescribed infractions. The aim of this reform is to unblock thousands of irregular situations, provide legal certainty and facilitate the integration of these constructions into the current regulations.
What is meant by 'out-of-order' buildings?
They are those constructions that were built legally at the time or in an irregular manner, but which over time have become incompatible with the current planning. Traditionally, these buildings could only be maintained, with no possibility of extension or modernisation, leaving them in a legal limbo.
The urban planning amnesty: what does it allow?
The decree enables for the first time an exceptional procedure to regularise buildings that are out of order or whose infringements are time-barred. The key novelty is that it allows to obtain a status of 'assimilated to reinforced out-of-order', granting additional rights such as:
- Accessing licenses for improvement, conservation and modernisation works.
- Incorporate the building into the planning without being limited only to its maintenance.
- Improve habitability and safety conditions without risk of sanction.
Requirements for regularisation
To benefit from this process of urban planning amnesty, the following conditions must be met:
- That the urban planning infringement is statute-barred according to current legislation.
- The construction must not be located in specially protected areas or areas of serious risk.
- The building must be technically consolidatable and meet minimum safety conditions.
- Documentation must be provided to prove the age of the building (land registry, aerial photographs, technical certificates).
Legalisation procedure
The procedure is articulated by means of a responsible declaration or a reinforced urban planning certification procedure, depending on the municipality. The interested party must present technical documentation accrediting the consolidated situation. Once admitted, the building obtains a stable legal status that allows its conservation, renovation and use without excessive restrictions.
Impact for owners and municipalities
The measure opens the door to the standardisation of numerous dwellings and buildings on urban and rural land. Its main effects are:
- Increased legal certainty for owners.
- Regularisation of situations inherited for decades.
- Reduction of litigation and administrative burdens for local councils.
- Increase in municipal income from licences and associated taxes.
Important limitations
Although it is a broad urban amnesty, not everything can be regularised. The decree excludes:
- Buildings on protected land or in the public domain.
- Buildings that pose structural or safety risks.
- Recent irregularities that have not been prescribed.
Furthermore, regularisation does not automatically imply access to new buildings or substantial changes of use.
In conclusion
The Decree-Law of 24 May 2024 represents a paradigm shift that makes it possible to legalise out-of-order buildings and to resolve situations that have been entrenched for decades. Its practical and flexible approach offers a real opportunity for owners, professionals and local councils, contributing to a more orderly, safe and transparent urban planning.
