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Planning · environment · Costa Blanca

Planning and environmental offences: defence in Alicante

Alicante and province · 24-hour assistance · offices in Madrid and Alicante

Illegal construction, the Coastal Act and environmental offences. On the Costa Blanca these matters frequently end up in the criminal courts and affect developers, technical professionals, private owners and public officials.

In brief. Defence in planning offences (illegal construction, planning misfeasance) and offences against the environment on the Costa Blanca. The Alicante coastline combines intense construction activity with strong environmental protection: that combination makes these offences a real risk for anyone who builds, manages or authorises.

Why it is different

24h
A demolition order, a planning inspection or an environmental complaint: early advice determines the outcome.
2
Offices in Madrid and Alicante; assistance throughout Alicante and its province.
LIWARD
Our own methodology of legal intelligence and forensic analysis.

Building on the Costa Blanca carries real criminal risk

A demolition order, a planning inspection or an environmental complaint: on the Costa Blanca these matters frequently end in criminal proceedings and affect developers, technical professionals, private individuals and public officials.

The Alicante coastline concentrates intense construction activity and strong environmental protection. That combination makes planning offences and offences against the environment a real risk for anyone who builds, manages or authorises. We act both for the defence and, where appropriate, for the prosecution.

Areas of practice

Planning and environmental criminal law

Art. 319 CP

Illegal construction

Building on land that is not developable, is specially protected or lacks the required authorisation can be a criminal offence, not merely an administrative infringement. It can entail imprisonment, a fine and the demolition of what was built.
Art. 320 CP

Planning misfeasance

Criminal liability of public officials and authorities who knowingly report in favour of, or grant, contrary-to-law planning licences.
Art. 325 CP

Offences against the environment

Discharges, emissions, waste management or polluting activities above legal limits can give rise to criminal liability of the company and of the individuals responsible.
Coastal Act

The Coastal Act and the shoreline

Works and uses within the maritime-terrestrial public domain and its protection zones: a frequent source of criminal and administrative proceedings on the Alicante coast.
Developer

Developers and builders

Liability for the unlawful works or for the environmental harm caused in the course of the development.
Technician

Architects and engineers

Liability arising from projects, supervision or certifications signed in the course of their professional duties.
Official

Public officials

Misfeasance in the granting of licences and in planning approvals: technical defence of the decision and of the reports that supported it.
Owner

Private owners

In certain cases of unlawful works, the individual owner may also face criminal liability; early advice is decisive.
Demolition

Demolition and restoration

Demolition of what was built and restoration of the land are possible consequences of a conviction. A sound defence seeks to avoid them or to minimise their consequences.
Who may be liable

Liability by role

RoleSource of liabilityTypical scenarioDefence focus
Developer or builderThe unlawful works or the environmental harmBuilding without a licence or on protected landAuthorisations, good faith and proportionality
Technical professionalProjects, supervision and certificationsArchitect or engineer signing the projectScope of duties and technical criteria
Public officialPlanning misfeasance in licencesKnowingly granting an unlawful licenceReports relied on and lawful discretion
Private ownerCertain cases of unlawful worksExtensions or works on non-developable landAdministrative route and regularisation
CompanyEnvironmental liability of the entityDischarges or emissions above limitsCompliance programme under Article 31 bis
All rolesDemolition and restorationDemolition of what was builtAvoiding or limiting the measure
Victims and neighboursPrivate prosecutionHarm caused by works or pollutionEvidence and full compensation
Legal person31 bisFine · suspension · dissolutionAbsence of a compliance programme

Each case depends on the planning classification of the land, the authorisations in place and the specific facts; this overview is indicative and does not replace the analysis of the individual file.

Our differentiator

Where planning law meets forensic analysis

These cases are decided on technical evidence: planning classifications, licences, expert reports on the works and environmental measurements. For that reason we apply LIWARD, Legal Intelligence Warfare for Defense, our own methodology, which integrates legal intelligence, case-law analytics, financial and accounting analysis and e-forensics into a single procedural strategy. That is what distinguishes us from conventional criminal defence.

01

Legal intelligence

02

Financial and accounting analysis

03

Digital evidence · e-forensic

04

Procedural strategy

How we work

How we handle your case

Phase 01

First consultation

Phase 02

Analysis of the file

Phase 03

Strategy and evidence

Phase 04

Trial and appeals

Who we represent

Each profile demands a distinct defence

P

Developers and builders

Developers and building companies facing planning or environmental proceedings on the Costa Blanca.

T

Technical professionals

Architects, engineers and site managers whose projects or certifications are under scrutiny.

O

Public officials

Officials and authorities investigated for planning misfeasance in the granting of licences.

V

Owners and victims

Private owners facing demolition orders, and neighbours or communities harmed by unlawful works or pollution.

FAQ

Frequently asked questions

Is building without a licence a criminal offence?
It can be, above all on non-developable or protected land. Not every unlawful work is a criminal offence, but it should be analysed as early as possible.
Can what has been built be demolished?
Yes, demolition is a possible consequence. A sound defence seeks to avoid it or to minimise its consequences.
Is the architect liable, or only the developer?
The developer, the technical professionals and, where applicable, the public official who authorised the works may all be liable. It depends on the participation of each of them.
Do environmental offences affect the company or its managers?
Both: polluting activities above legal limits can give rise to criminal liability of the company and of the individuals responsible for the decision.
Do you handle cases outside Alicante?
Yes. We operate from Madrid and Alicante and provide assistance anywhere in Spain, including urgent assistance to detainees and proceedings with an international dimension.
What is the LIWARD methodology?
It is our own methodology, Legal Intelligence Warfare for Defense, which integrates legal intelligence, case-law analytics, financial and accounting analysis and e-forensics into a single procedural strategy.

Speak to a criminal lawyer

In a fast-track case, the days you have are the case.

Criminal defence in English before the courts of Alicante and the rest of Spain, for residents and for visitors who have flown home.

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Alicante – Playa de San Juan Av. Ansaldo 31, local 16, 03540 Alicante
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info@societejuridique.com

Société de Conseil Juridique et Expert es un despacho de abogados con sedes en Madrid, Alicante, Londres y París, especializado en defensa y acusación penal, delitos económicos y corporativos y derecho tecnológico. Trabajamos con orientación estratégica en procedimientos penales complejos, propiedad intelectual y análisis forense avanzado, y prestamos consultoría jurídica, compliance y escudos de protección a particulares y empresas. Atendemos desde Alicante y Madrid, con consulta online en toda España y asistencia al detenido 24 horas. Resuelva sus dudas en las preguntas frecuentes o solicite una primera consulta.

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