Court ruling: new rules for inspections
The Higher Court of Murcia (Tribunal Superior de Justicia de la Región de Murcia) has confirmed that municipal urban planning inspectors are allowed to visit construction sites where work is being carried out without a permit, even if the owner does not consent to entry. The key condition is that no one is living on the premises at the time of inspection. This decision, issued on July 11, 2025, may change the way construction and renovation are monitored in the region.
Case summary: dispute over fine and access
The case began in the municipality of Molina de Segura, where a local resident started a major renovation project without obtaining the necessary permit for large-scale work. The city authorities fined him €30,086.12. The owner tried to challenge the penalty, claiming that the inspector violated his right to inviolability of the home by entering without his knowledge. However, the higher court overturned the lower court’s decision and found the inspector’s actions to be legal.
Court’s view: what is considered a dwelling
The judges clarified that constitutional protection only applies to premises where someone lives, either permanently or temporarily. If a building is uninhabitable or no one resides there, it does not qualify as a ‘dwelling.’ Therefore, inspectors may enter such buildings to check compliance with construction regulations.
The role of the person in charge of the works
In this case, the inspector received permission to enter from the person responsible for the work. This employee provided the necessary documents and showed the existing permit for minor repairs. The court noted that these actions were lawful, and that denial of access without valid grounds could lead to further sanctions.
Scope of permitted work and types of violations
The inspection revealed that the actual scope of work far exceeded what was permitted. Instead of the minor changes listed in the license, all three floors of the house had been completely renovated, including replacement of floors, walls, engineering systems, and the roof. The court classified this as a serious violation of building regulations, since what was described as minor repairs was actually a major reconstruction.
How fines for unauthorized work are calculated
The amount of the fine depends on the cost of the work performed and the severity of the violation. For serious offenses, as in this case, the amount can range from 20% to 50% of the renovation cost. If the violation is especially grave, the fine increases to 100%. The value is assessed by municipal specialists, based on market prices and the volume of work.
Consequences for owners and municipalities
The court ruling confirms that the actions of the municipal authorities were lawful and the owner’s rights were not violated. Complaints about procedural errors and improper evaluation of the work were dismissed by the court. Now, municipalities can carry out inspections and enforce penalties for illegal work in uninhabited properties with greater confidence.
This decision could serve as a precedent for other regions of Spain, where issues of inspector access and property owner rights often spark disputes.
