Appeal resource

The Supreme Court (TS) has had to clarify a rather practical question, how much time does an owner or a company have to appeal (in "appeal resource") an agreement adopted by a urban entity ? In the case being judged, a company that was part of a conservation urban entity appealed several agreements of its assembly (related to participation coefficients, budgets, and conservation fees). However, the City Council rejected the appeal because it considered that it had been submitted after the deadline , applying a limit of 15 days.

The company argued that this short deadline did not correspond , the 15 days appear in RD 3288/1978 (art. 184), but for a different type of entity , the compensation boards. In contrast, for a conservation urban entity, the general deadline of one month established by Law 39/2015 (art. 122.1) for the appeal resource .

The TS agrees with the essential reasoning, explaining that compensation boards and conservation entities are not "the same with a different name." The first are aimed at executing and urbanizing , while the second are concerned with conservation and maintenance once urbanized. This functional difference means that the regulatory regime designed for one cannot be automatically transferred to the other. Therefore, in urban conservation entities, the deadline for appeals is the general one of one month . Furthermore, the TS reminds that statutory autonomy cannot be used to shorten deadlines for appeals below what is legally provided. In summary, for these agreements, one month, not 15 days.

If you feel harmed and dissatisfied with an urban action, our professionals can advise you in defending your rights.