The TSJA upholds the denial of rehabilitation grants to a community in Gijón

The Regional Ministry of Territorial Planning, Urbanism, Housing, and Citizen Rights of the Principality of Asturias has ordered the execution, on its own terms, of the final judgment of the Contentious-Administrative Chamber of the High Court of Justice of Asturias (TSJA), which dismisses the appeal of a homeowners’ association from Gijón against the denial of rehabilitation grants from the 2021 call. The decision is formalized in the Resolution of September 4, 2026, and published in the Official Gazette of the Principality of Asturias (BOPA) No. 180, of September 17, 2026, with official reference 2026-07514.

The judicial ruling, issued on May 5, 2026, concludes ordinary procedure 717/2025 and declares the challenged administrative action to be in accordance with the law. Consequently, the Regional Ministry closes the judicial path opened by the neighbors’ association and confirms the validity of the denial agreed upon at the time.

The judgment and its execution

The TSJA ruling dismisses the contentious-administrative appeal filed by the court representative Ms. E. G. R., in the name and representation of the Homeowners’ Association of Calle La Paz, No. 16, Gijón, against the administrative resolution that decided the granting, denial, and withdrawal of the grants.

The judgment declares the aforementioned administrative action to be in accordance with the law and orders its execution under the established terms. The Regional Ministry bases the compliance on Article 26 of Decree 20/1997, of March 20, which regulates the organization and operation of the Legal Service of the Principality of Asturias, the regulation governing the execution of final judicial resolutions affecting the regional Administration.

The resolution consists of two pronouncements:

• To execute the ruling of the reference judgment on its own terms.
• To order the publication of the resolution in the Official Gazette of the Principality of Asturias.

The origin: the 2021 call

The litigation dates back to the Resolution of December 20, 2024, by the Regional Ministry, which resolved the granting, denial, and withdrawal of grants for the rehabilitation of buildings and homes corresponding to the 2021 call, published in the BOPA of January 28, 2025.

The application of the homeowners’ association appeared in Annex III of that resolution as denied. The reason cited was the failure to comply with clause three 2.e) of the regulatory bases of the call, a point that the court has considered to be in accordance with the law.

The neighbors’ association appealed that decision before the contentious-administrative jurisdiction, which has ultimately confirmed the position of the regional Administration.

Costs and procedure

The judgment imposes legal costs on the plaintiff, with the limitation set forth in the final legal ground of the judicial resolution. The homeowners’ association must, therefore, assume the procedural expenses within the limits established by the ruling itself.

The resolution is signed in Oviedo by the Councilor for Territorial Planning, Urbanism, Housing, and Citizens’ Rights, Ovidio Zapico González.

The publication in the official bulletin fulfills the judicial mandate and formally closes the file, leaving no further room for appeal against the confirmed administrative action.

The case illustrates the courts’ criteria regarding the denial of subsidies due to non-compliance with the guidelines: the Administration may reject applications that do not meet the requirements of the call, and the courts support such action when it is duly justified. For homeowners’ associations applying for public rehabilitation programs, the resolution emphasizes the importance of verifying strict compliance with the clauses of the guidelines before submitting the application, as failure to meet a single requirement can nullify the aid and, furthermore, generate legal costs if the denial is challenged.

Source: Official Bulletin of the Principality of Asturias, no. 180 of September 17, 2026, section I (Other Provisions), official reference: 2026-07514.