Article 48 of TRLS’8 (ex-article 304 of TRLS’1992) provides that the public urban planning action to request that Administratives and Judicial Bodies observe the legislation will be public.

This consideration of the Supreme Court includes the option to require and obtain any necessary measures that could be needed to restore urban planning legality violated (STS de 20 mayo 2002 [RJ 2002, 4488]), a declaration of illegality buildings, the City-Hall obligation to restore urban planning legality violated (STS de 12 junio 2007 [RJ 2007,3416]), even the demolition request of illegality buildings (STS de 28 abril 2004 [RJ 2004, 2423]).

Manuel Alejandro Jiménez Baras
Lawyer