Prison sentence and fine for installing mobile home on protected land in Spain

Converting a rural property into a permanent residence without the required licences and planning permissions can result in criminal liability. The Provincial Court of Madrid has upheld the sentence against two co-owners from El Molar who installed a prefabricated mobile home, several sheds and a swimming pool on non-developable land with special protection. The ruling imposes eight months’ imprisonment, a fine, compulsory demolition and a special disqualification from real estate activities.

What does it mean to build without a licence on protected rural land?

Building on non-developable land without the necessary authorisation, especially in prohibited areas, may constitute a crime against land use planning under Article 319.2 of the Penal Code.

This is precisely what occurred on a 5,648 m² plot classified as non-developable land with special protection due to its agricultural and natural value. Despite this, the owners carried out various works between 2014 and 2018:

• Several construction huts and warehouses supposedly intended for livestock activities.
• A prefab mobile home, built on a concrete base.
• A porch built with brick and cement.
• A PVC pool.

None of these buildings had municipal permits or urban planning approval from the Community of Madrid, and the investigation found their intended use was residential.

What was the owners' defence?

The defendants claimed the buildings were part of a large livestock farm registered in 2019 and that they were unaware of breaking the law, arguing they acted in good faith. However, both the criminal court and the Provincial Court rejected this defence, noting the construction predated the registration.

Technical reports and evidence showed the prefabricated house was used as their primary residence. The Court also stressed that ignorance of planning regulations does not exempt one from liability, especially when such rules could have been easily verified by consulting public authorities.

Conviction for a crime against land use planning

In January 2025, the Provincial Court of Madrid upheld the sentence handed down by Criminal Court No. 11, sentencing each defendant to eight months in prison and imposing an eight-month fine at a daily rate of €6. The ruling also ordered the demolition of all unlicensed buildings and imposed an eight-month disqualification from activities related to real estate development or construction.

What is the difference between an administrative sanction and an urban planning offence?

Administrative sanctions are imposed by the City Council or the Autonomous Community for breaches of urban planning regulations, typically involving fines and orders to suspend work or demolish unauthorised constructions.

Urban planning offences, however, occur when the breach is serious enough to be treated as a criminal act. Crossing this threshold exposes the developer to prison sentences, criminal fines, professional disqualification and a criminal record.

Prohibitions and risks of building on undeveloped land

This is not an isolated case. In many rural areas, property owners assume they can build without a permit, believing it can be regularised later. However, urban planning regulations are strict. Building housing on land classified as non-developable with special protection, including prefabricated houses, is prohibited.

What requirements must a project meet to build on non-developable land?

It depends on the land type and its intended use. Each project requires an individual assessment. It’s advisable to seek technical and legal advice before starting any process. Generally, the following are required:

• Justify a public or agricultural interest in certain cases, such as livestock or forestry activities.
• Ensure the intended use is explicitly permitted by urban planning regulations.
• Obtain an urban planning qualification when building on protected land.
• Secure a municipal building permit before commencing construction.

What is an urban planning qualification, and how is it processed?

This is a binding report issued by the Autonomous Community when a construction project is planned on non-developable land. It determines whether the proposed use (housing, agricultural activity, etc.) complies with urban planning regulations. To obtain it, technical drawings and supporting documents must be submitted. Without this report, the City Council cannot grant a building permit.

Can I appeal the demolition order if I didn't build it?

Yes. Even if you didn’t carry out the construction yourself, you can still be held responsible as the current owner, heir or co-owner. It’s crucial to act promptly by submitting statements and, if needed, filing an administrative appeal. The outcome will depend on factors such as whether the work can be regularised, if the infringement period has expired or if there are procedural errors.

Can planning permission be applied for a posteriori to avoid demolition?

Only in very specific cases. Legalisation is only possible if the use complies with current regulations and no legal actions are underway. For buildings on protected non-developable land, like in El Molar, authorisation cannot be granted.

Justice tightens the noose on illegal construction

The ruling from the Madrid Provincial Court sends a clear message: prefab houses, porches and swimming pools are forbidden on land where residential use is explicitly banned.

Ignorance of the law offers no defence. The warning is unequivocal – building without permission risks not only fines and demolition but also criminal penalties.