Less red tape, more investment? Catalonia prepares an ambitious reform of the planning and environmental licensing system

The draft bill on the simplification of town planning and environmental procedures published by the Government of Catalonia introduces far-reaching changes to the system of planning and environmental activity licences. Its stated aim is to reduce processing times and remove obstacles which, in some cases, had already been overcome in practice by the courts and local authorities themselves.

Article 77.4 of the Regulations on Works, Activities and Services of Local Authorities in Catalonia (ROAS, Decree 179/1995) currently stipulates that "under no circumstances shall a building permit be granted without the prior or simultaneous granting of the relevant activity permit". The literal application of this rule has for years caused delays in the processing of projects.

Case law from the Supreme Court and the High Court of Justice of Catalonia (TSJC) has interpreted this provision flexibly since the late 1990s. The Supreme Court clarified that “a mere alteration in the chronological order of the granting of licences for a service station does not, in itself, constitute grounds for annulment, provided, of course, that both licences are ultimately valid” (Supreme Court Judgment, Third Chamber, Section 4, 18 December 2000).

Subsequently, the TSJC repeatedly adopted and elaborated on this doctrine, stating that “a mere alteration in the chronological order in which licences are granted does not constitute grounds for either refusing a building permit or annulling it, provided that both are ultimately valid” and that “in the case of a building permit subject to the condition precedent of obtaining an operating licence, there is no cause for objection where the effects of the building permit are contingent upon and dependent on the operating or environmental licence being obtained” (TSJC, Section 3, judgments of 28 February 2002, 1 October 2004, 14 October 2004 and 9 November 2015, among others).

The TSJC itself clarified that there is nothing to prevent the building permit from being applied for and obtained before the environmental permit, provided that the former is subject to a condition precedent regarding the granting of the latter, so that it does not take effect before or independently of those of the environmental permit. This approach also avoids any potential financial liability on the part of the administration for abnormal operation, a point which has also been expressly included in the legislation of other autonomous communities, such as the Canary Islands. The draft bill elevates this interpretation to the status of law by amending Article 77.4 of the ROAS.

The new wording stipulates that the processing of the building permit and the environmental or sectoral licence or authorisation must take place simultaneously, with each procedure being resolved without waiting for the other to be completed. If the planning permission is granted first, it is conditional upon obtaining the activity authorisation. Furthermore, the permission must authorise the commencement of works immediately provided a security deposit is lodged to guarantee the restoration of the altered town planning situation, unless the local council can demonstrate that the execution of the works would make such restoration impossible.

New simplified planning permission procedure: the certificate of compliance

One of the most significant developments for the property development and construction sector is the creation of a simplified planning permission procedure based on the submission of a certificate of compliance issued by an accredited collaborating body. This mechanism shifts part of the burden of technical verification from municipal departments to the private sector, and sets a maximum decision-making period of one month (two months if fire safety issues are involved). Collaborating bodies must be accredited and hold civil liability insurance of at least five million euros.

The mechanism is designed to provide real certainty for the developer. The local authority may only refuse the planning permission if, within the one-month period and stating its reasons, it notifies the developer that the certificate is non-existent, incomplete, insufficient in scope, or that it has objective evidence proving its inadequacy in relation to the project as assessed: outside these specific cases, the planning permission cannot be refused. If the month elapses without any notification of inadequacy or an express decision, the licence is deemed to have been granted by administrative silence, and the developer may request a certificate confirming this silence, which must be issued within a maximum of ten days. The practical impact is therefore twofold: it reduces the time taken to commence works and makes the procedure predictable, with a legally guaranteed outcome.

Local councils may exclude the simplified procedure, either wholly or in part, by means of a by-law. However, the draft bill safeguards the developer’s rights: if the standard procedure has expired without an express decision, the interested party may unilaterally initiate the simplified procedure by submitting the certificate of compliance, with the "tacit approval" regime described above applying in full. Municipal exclusion, therefore, does not definitively block this route. Finally, the simplified procedure is not universally applicable: it excludes works on properties subject to heritage or cultural protection, works in the public domain, and licences for the tourist use of dwellings in municipalities with a tight housing market.

Tacit approval in sectoral reports: fewer bottlenecks

The draft bill sets fixed deadlines for the issuance of sectoral reports and restricts the possibility of late decisions that block applications already under consideration. If the deadline passes without a response, the reports are deemed to have been issued in favour of the applicant and the procedure must continue, unless the basic state legislation establishes a different regime, in which case tacit approval does not apply automatically. Furthermore, the developer is authorised to submit sectoral reports directly, provided they have been issued by a competent registered professional. If the sectoral body has not issued a decision within the deadline, the report submitted by the developer has the same validity and legal effect as that of the administration where the reports are required under Catalan legislation; where they stem from state legislation, this allows the procedure to continue unless that legislation stipulates that silence implies a negative decision.

For investment funds and large developers, the reduction in the risk of delays caused by sector-specific reports is one of the most significant improvements for their project planning.

Changes to activities: greater clarity and fixed deadlines

The draft bill reforms the regime governing modifications to facilities subject to Law 20/2009 on environmental prevention and control. The main new features are:

• A new specific procedure for substantial modifications with a maximum decision-making period of four months.
• The removal of the preliminary "sufficiency and suitability" assessment, identified as a source of delays with no real added value.
• A new annex setting out criteria that clarifies the distinction between substantial and non-substantial modifications, eliminating the ambiguity that currently gives rise to litigation in expansion projects and M&A processes.

For industrial and logistics companies, or those in any sector operating under environmental authorisations, a fixed time limit and clear criteria for classifying modifications represents a significant improvement in the management of their assets.

Osborne Clarke comment

The draft bill represents a real step towards simplifying the system of administrative intervention in town planning and environmental matters in Catalonia. The amendment to the ROAS, in particular, consolidates an already established case law interpretation and eliminates a source of litigation that was affecting the legal certainty of property development projects. The simplified licensing procedure with a certificate of compliance, featuring a fixed period for tacit approval and clearly defined grounds for refusal, together with the restriction on delays caused by late sectoral reports, are both measures that can substantially improve the predictability of project timelines. 

The dossier is currently in the public consultation and information phase, until 30 September 2026 (DOGC No. 9707, of 14 July 2026). Once this period has expired, the preliminary draft must obtain the reports from the relevant advisory bodies and the opinion of the Legal Advisory Committee, before the government approves it as a draft bill and submits it to the Parliament of Catalonia. In Parliament, the text will have to pass the general debate, the amendment stage, the committee’s deliberations and report, and the final vote in plenary; at each of these stages, the text’s regulatory exceptions and references may be subject to amendment.

If you would like to analyse how these developments may affect your projects or assets, please do not hesitate to contact one of our experts listed below or your usual contact at Osborne Clarke.