The fundamental difference between a procedure to restoration of urban planning legality and forced expropriation in the Costa Blanca region (Comunidad Valenciana) lies in the legal basis and the financial consequence. At illegal recovery the authorities punish an offence and you, the owner, bear the costs of demolition or regularisation. At expropriation you lose property for the public good, but are legally entitled to market compensation (Justiprecio).
Do you own property in the Costa Blanca ( Comunidad Valenciana) or are you considering a purchase? A correct understanding of the Valencian town planning law (TRLOTUP) is necessary to prevent power loss.
Also listen to our podcast episode on the differences between suelo urbano and suelo rústico.
1. Illegal construction: restoring urban planning legality
What is it? This is a sanctions procedure. The government's aim is to bring physical reality back to the legal standard.
In the Valencia region, construction offences are strictly enforced through the TRLOTUP (Texto Refundido de la Ley de Ordenación del Territorio, Urbanismo y Paisaje). When a structure has been erected without a licence or in violation of the granted licence, the municipality initiates proceedings.
Read more about building violations in rural areas in Spain.
Risk factors and Limitation
The regulations are clear: Offences on public property or in green spaces never become statute-barred.
"Many foreign buyers mistakenly think that an illegal construction automatically becomes legal after some time. In Valencia, however, the law has been tightened: constructions on protected land remain forever prosecutable."
The Procedure in 3 Phases
If the municipality finds a breach, a strict administrative process follows:
- Determination of infringement: Inspectors document the deviation (e.g. a swimming pool, garage or extra floor without a permit).
- Restoration order (Regularisation or Demolition): You will have the chance to legalise the situation if it is urban planning possible. Is legalisation not possible? Then an irrevocable demolition order will follow.
- Forced execution: Are you refusing to comply with the order? The government carries out the demolition work itself. The contractor's full costs and administrative fines will be recovered from you.
Note: This is not an expropriation. You will receive no remuneration for the loss of construction.
Read more about the buying process in Spain.
2. Forced expropriation (Expropiación Forzosa): Your financial rights
What is it? An administrative transfer of property for public benefit, indemnifying the owner.
Forced expropriation is not a punishment, but a necessary tool for urban development. Spanish law strictly protects the owner here. The government may only proceed with expropriation if there are demonstrable public benefit (such as road construction, hospitals or coastal protection).
The Justiprecio: Your right to compensation
The key concept in expropriation is the Justiprecio (the equitable price).
- This amount should reflect the actual market value of the expropriated property.
- The calculation is complex and often subject to debate. Initially, the government often suggests a lower value.
- Statistics: In appeal proceedings, the Justiprecio on average by 20% to 30% increased compared to the government's initial offer, if properly legally justified.
Comparison: sanction vs. Compensation
To avoid confusion, below are the differences between the two proceedings. These distinctions are essential for your defence.
| Feature | Restore Urban Legality | Forced Expropriation |
| Cause | Violation (illegal building) | Public interest (public benefit) |
| Nature of procedure | Punitive (Sanction) | Acquiring (Administrative) |
| Financial consequence | Cost to owner (Demolition + Penalty) | Compensation for owner (Compensation) |
| Legal action | Regularisation or degradation | Negotiation on Justiprecio |
Legal Advice and Objections
Whether you are facing a demolition order or a compulsory purchase plan in Alicante: inaction leads to loss of rights.
Decisions of the administration are subject to appeal. You can appeal via:
- Administrative profession: Directly at the government that took the decision.
- Contentious administrative profession: Through the court, if the administrative appeal is rejected.
We check whether the municipality made procedural errors, whether limitation periods were respected and whether the compensation offered was calculated correctly.
At Confianz we will be happy to guide you with a clear analysis and a practical approach, so you know where you stand - before problems escalate.
Frequently asked questions (FAQ)
What happens if I buy a house in Spain with illegal renovations?
You take over the risk. In Spain, the urban planning infringement sticks to the property, not the person. As a new owner, you may face a demolition order and associated costs, even if you did not commit the infringement yourself. A thorough control before purchase is essential.
Do illegal constructions expire in the Valencia region?
It depends on the nature of the land. Offences on certain classifications of 'suelo rústico' (agricultural land) or protected public domain are time-barred never. For other breaches, specific time limits apply (4 - 15 years under the current TRLOTUP, depending on the breach, previously 4 years), but burden of proof is on the owner.
How is the value (Justiprecio) determined in expropriation?
The value is determined based on the cadastral value, the market value of comparable properties and the potential yield of the land. It is crucial to submit your own valuation (counter valuation) to refute the government's opening offer.
Can I refuse expropriation?
No, if the 'public utility' is officially established, you can rarely stop the expropriation itself. You can, however, delay the proceedings if formal errors have been made, and you can litigate over the amount of compensation.
About the author: Glenn Janssens is a lawyer specialising in Spanish real estate transactions and tax regulations. Since 2017, he has been helping Belgian and Dutch individuals and entrepreneurs safely purchase and structure real estate in Spain. He guides files from A to Z: from due diligence, ownership and tax control to estate planning and optimisation for residents and non-residents. Thanks to his years of experience, hundreds of handled files and focus on transparent communication, Glenn makes complex Spanish legislation understandable and practically applicable for every property buyer.
