Peñalba de Ávila approves the ordinance for the cleaning of plots and land

The City Council of Peñalba de Ávila has finalized the Regulatory Ordinance for the Cleaning of Land and Plots in Urban, Developable, and Rural Soil of the Municipal District of Peñalba de Ávila, as no claims were filed during the public exhibition period. The full text is published in the Official Gazette of the Province of Ávila number 179, dated September 16, 2026, under number 1819/26.

The regulation, signed by Mayor Sonia Garcinuño Jiménez on September 8, 2026, requires owners to keep their properties clean and cleared to reduce the risk of production and spread of fires, as well as to eliminate the accumulation of waste and debris. It will enter into force the day following its publication in the provincial gazette.

Regulatory Framework and Background

The ordinance is based on the municipal competence regarding health and urban planning recognized by article 25.2.a) and j) of Law 7/1985, of April 2, Regulating the Bases of the Local Regime, and on the duty of owners to maintain land in conditions of safety, health, and public ornament established by article 8.1.b) of Law 5/1999, of April 8, on Urbanism of Castilla y León.

The text justifies its approval based on the situation of the province following the waves of forest fires in recent years, which necessitates a review of current regulations and the implementation of measures to ensure private and, subsidiarily, administrative intervention. The regulation applies to all plots, parcels, and land within the municipal district, whether of a rural, urban, or developable nature.

Obligations and Deadlines

Owners must keep their parcels clean and cleared with the necessary frequency to prevent the appearance of weeds and brush, removing the vegetation layer and flammable materials. This obligation is enforceable permanently in urban and developable soil, while the remaining soils must be cleared before June 1 of each year.

• Clearing and cleaning in rural soil used for agricultural activities will adapt to its cycles of cultivation, fallow, and grazing.
• Intervention in forests, or in the 400-meter strip surrounding them, will be subject to the regulations of the Junta de Castilla y León, especially during periods of high fire risk.
• The Mayor’s Office will publish a reminder notice of the obligation at least three months prior to the expiration of the deadline.

Subsidiary Execution and Sanctioning Regime

In the event of non-compliance, the City Council may issue execution orders and, if not complied with, proceed to subsidiary execution at the expense of the obligated party, charging them for all costs, damages, and losses. The amount may be demanded via an enforcement procedure, with the possibility of delegating collection to the Provincial Council of Ávila.

The failure to fulfill the cleaning duty is classified as a minor infringement, punishable by fines ranging from 1,000 to 10,000 euros, graded according to the criteria of the Urban Planning Law of Castilla y León and, supplementarily, Article 29.3 of Law 40/2015, of October 1, on the Legal Regime of the Public Sector. The procedure will be processed via a simplified route, and the authority to initiate and resolve the files corresponds to the Mayor’s Office.

• The minor infringement expires after four years; the sanction, one year from the date it becomes final.
• A 50% reduction of the sanction is applied if the offender acknowledges their responsibility and pays voluntarily before the resolution.
• An administrative appeal may be filed against the agreement before the Administrative Litigation Chamber of the High Court of Justice of Castilla y León based in Burgos, within a period of two months.

Relevance for readers

The ordinance makes the cleaning of plots and land a permanent obligation throughout the municipal district, with a clear calendar and deterrent sanctions, within a context of high risk of forest fires in the province. Property owners in Peñalba de Ávila must have their land cleared before June 1st of each year, under notice of subsidiary execution at their own expense and fines of up to 10,000 euros.

Source: Official Gazette of the Province of Ávila, no. 179, September 16, 2026, Local Administration (official reference: number 1819/26).