Málaga instruction on independent entrance for VUT: the procedures lapsed, but the threat returns
Málaga City Council issued an instruction interpreting that holiday-let dwellings without an independent entrance could not operate. Many procedures were initiated. Most have lapsed, but the City Council is rebuilding files. What can the holder do?
What the instruction said
The Málaga instruction held that the «independent entrance» requirement applied to all VUTs, citing Article 6 of Decree 28/2016 and the urban plan. The instruction reached individual procedures but never went through a formal modification of the plan.
The lapsing of the procedures
The bulk of the procedures initiated under this instruction lapsed after 6 months without final decision (Article 21.3 LPAC). Lapsing must be expressly declared by the Administration, but the holder may request it.
The threat returns
The City Council is now rebuilding new files. Owners affected should:
- Verify whether the previous procedure lapsed.
- Request express declaration of lapsing.
- Assess viability of contentious-administrative challenge of the instruction itself.
- If a new procedure is opened, base the defence on the TSJA Granada doctrine and on the lack of formal plan modification.
Sources
- 📜 Málaga independent-entrance instruction.
- 📜 Article 21.3 LPAC (procedural lapsing).
- 📜 TSJA Granada Judgment (restriction by interpretation).
Affected by the Málaga instruction?
SALAMA LEGAL SLP reviews lapsing and prepares the new defence.
FAQ
Does lapsing prevent a new procedure?
No, but the infringement must not have prescribed.
How to request the express declaration of lapsing?
By writing to the competent body, before any new initiation decision.