Valencia de Alcántara maintains the demolition of La Miera due to legal ruling

The Plenary of the City Council of Valencia de Alcántara has resolved the ex officio review file of the demolition order in La Miera in accordance with the unfavorable opinion issued by the Legal Commission of Extremadura, meaning the demolition act is not annulled. The agreement was adopted unanimously in the plenary session of September 14, 2026, and is published in the Official Gazette of the Province of Cáceres No. 0182, of September 23, 2026, with reference BOP-2026-4410 (pp. 21799-21801).

Unanimity to resolve according to the opinion

File 1399/2026 was voted on in an ordinary session of the Plenary with 12 votes in favor, none against, no abstentions, and no absentees. The resolution, dated September 16, 2026, and signed by Mayor Alberto Piris Guapo, is based on proposal PR/2026/175, dated September 1, 2026.

The agreement provides, firstly, to resolve the ex officio review file in accordance with the opinion of the Legal Commission of Extremadura, which is contained in the file and will be forwarded to the interested parties; and, secondly, to notify the interested parties and publicize the agreement in the Official Gazette of the Province.

The origin: file 3661/2021

The Plenary, in a session on May 11, 2026, agreed to initiate the ex officio review procedure of the demolition agreement contained in file 3661/2021, adopted on May 13, 2024, as it had been processed without the knowledge or participation of the landowner. The file was submitted for public information via an announcement in the Official Gazette of the Province of Cáceres No. 99, of May 27, 2026.

By plenary agreement on July 13, 2026, the maximum deadline for resolution was suspended until the opinion of the legal commission was received, a decision that was notified to the interested parties. The instructor proposed to declare the nullity of the agreement of May 13, 2024, which ordered the demolition or the restoration of the physical reality altered by actions manifestly incompatible with urban planning, and which became final when the Plenary, in a session on May 12, 2025, dismissed the appeal for reversal filed by Rosana del Carmen Moscogliato and confirmed the demolition act.

The opinion that changes the outcome

On August 28, 2026, the opinion of the Legal Commission of Extremadura opposing the ex officio review proposal was received by the City Council, with entry registry 2026-E RC-3501. The advisory body bases its position on the fact that an appeal for reversal filed by the property owner, Chumacero S.A., on December 9, 2025, is pending resolution against the Plenary agreement of November 10, 2025, regarding the forced execution of the demolition act due to non-compliance with the agreement of May 13, 2024.

The commission understands that Chumacero S.A., having not been notified until that final forced execution agreement, was unable to appeal the demolition act of May 13, 2024; therefore, the appeal for reversal must be resolved first, in accordance with Article 21.1 of Law 39/2015, of October 1. The opinion is mandatory and binding pursuant to Article 106.1 of the same regulation, and the Plenary is the competent body to agree on the ex officio review according to Article 173.3 of Law 11/2018, of December 21, on sustainable territorial and urban planning of Extremadura, in line with the judgment of the Supreme Court of December 13, 2022, Res. 1646/2022 (Rec. 4472/2020).

Deadlines and avenues for appeal

Against the resolution, which ends the administrative route, the following are available:

• An optional appeal for reversal before the Plenary of the City Council of Valencia de Alcántara, within one month from the day following the publication of the announcement, pursuant to Articles 123 and 124 of Law 39/2015.
• A contentious-administrative appeal before the Contentious-Administrative Court of the province, within two months, according to Article 46 of Law 29/1998, of July 13.
• If the appeal for reversal is chosen, the contentious-administrative appeal cannot be filed until the former is expressly resolved or dismissed by administrative silence.

Impact

The decision upholds the demolition order in La Miera and leaves the ex officio review contingent upon the prior resolution of the appeal for reversal by Chumacero S.A., which reinforces the criterion that a procedure processed without a hearing for the owner cannot be channeled through ex officio review while an ordinary appeal is pending. The case sets a precedent on how municipal urban planning actions must be resolved when notification defects are detected.

Source: Official Gazette of the Province of Cáceres, No. 0182, of September 23, 2026, Section I - Local Administration, pp. 21799-21801 (official reference: BOP-2026-4410).