Answers for property owners
What is a certificate of no planning infringement (certificado de no infracción urbanística) and why is it requested when buying?
It does not guarantee that the house is legal, but it does confirm that the town hall has no file open against it.
SHORT ANSWER
It is a town hall certificate confirming that the property has no planning enforcement file open. It does not prove that the property complies with all planning law, and notaries do not require it, but buyers and their lawyers ask for it as an additional guarantee.
IN THIS ARTICLE
In Marbella and Benahavís it is a document that is requested more and more often. It is worth having it before the first offer.
What a planning infringement is
A planning infringement is a breach or non-compliance with the planning rules. They are classified by seriousness and, in some cases, can lead to the demolition of what was built illegally. The most common on the Costa del Sol are exceeding the permitted building volume, building on plots of non-residential use or not respecting public land.
What it certifies and what it does not
The certificate states that the town hall has not started any enforcement or infringement file against that property. It does not mean that the property complies with planning law, only that there is no open file.
Why it is requested when selling
It is not mandatory for the sale, and notaries do not require it when signing the deed. In practice, buyers and their lawyers ask for it to check that no file is under way and to avoid surprises after the purchase. It is an additional guarantee that the property is free of that problem.
If your home has limitations, read out-of-planning homes. For the list of documents for the signing, see signing the sale remotely.
Frequently asked questions
Who issues it?
The town hall of the municipality where the property is located.
Is it mandatory?
It is not mandatory for the sale, but it is common for the buyer to ask for it.
Does it guarantee that the house is legal?
No. It only confirms that there is no open enforcement file.
What happens if there is an open file?
It has to be studied with a lawyer or architect: depending on the seriousness, it can affect the price, the financing and the sale.
About the author
Alfonso Lacruz
Naval engineer and market analyst. Over 25 years advising owners in Marbella and Benahavís. Publishes a monthly market analysis with Land Registry data.
Every case is different: before you sign or decide, confirm your situation with your own lawyer, notary or tax adviser.
Sources: Marbella and Benahavís Town Halls; Andalusia Land Sustainability Promotion Law (Ley de Impulso para la Sostenibilidad del Territorio de Andalucía). Last updated: 24 October 2026.
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