Environmental Law · Sub-area
Environmental Impact Assessment (EIA) in Spain
Processing of ordinary EIA (Annex I) and simplified EIA (Annex II) under Law 21/2013. Obtaining the Environmental Impact Statement and defence against unfavourable decisions. Typical timeline: 9-18 months.
Ordinary EIA vs simplified EIA
Law 21/2013 on Environmental Assessment establishes two assessment modalities depending on the nature and scale of the project. Correctly identifying which modality applies is the first legal step for any project subject to EIA.
Ordinary EIA
Annex I projects
- Large industrial, energy and infrastructure installations
- Full procedure: preliminary consultations, scope, EsIA, public information, consultations
- Outcome: Environmental Impact Statement (DIA) — binding
- Typical timeline: 9-18 months
- Unfavourable DIA: appealable in contentious-administrative courts (2 months)
Simplified EIA
Annex II projects
- Smaller-scale projects or those in environmentally sensitive areas
- Abbreviated procedure: no scoping stage or mandatory public information
- Outcome: Environmental Impact Report — the authority decides whether an ordinary EIA is required
- Typical timeline: 3-6 months
- If the report determines an ordinary EIA is required: the file restarts the full procedure
HowTo: ordinary EIA step by step
Ordinary EIA in 8 phases
Procedure under Law 21/2013 on Environmental Assessment and its amendments. Applicable to Annex I projects before the State General Administration and the autonomous communities.
Start request and initial project document
The developer submits to the substantive authority the request to start the EIA together with the initial project document: technical description, location, alternatives studied and main expected impacts.
Preliminary consultations by the environmental authority
The environmental authority identifies and consults the affected authorities and interested parties on the scope of the Environmental Impact Study (EsIA). The responses determine the minimum content required of the EsIA.
⏱ 30 business days to respond
EsIA scoping document
Using the responses received, the environmental authority draws up the scoping document: it sets the minimum content, extent, level of detail and methodologies required of the EsIA the developer will prepare.
Preparation of the Environmental Impact Study
The developer commissions qualified technicians to draft the EsIA in accordance with the scoping document. It must include a description of the project, analysis of alternatives, environmental inventory, impact assessment, corrective measures and an environmental monitoring programme.
Public information
The project and the EsIA are put out for public information through publication in the relevant official gazette and on the environmental authority's website. Any person may submit observations. This is the procedure's main stage of public participation.
⏱ Minimum 30 business days (art. 36.1 Law 21/2013)
Consultations with affected authorities
At the same time as the public information stage, the environmental authority gathers reports from the authorities affected by subject matter: cultural heritage, water, coasts, forests, Natura 2000 network, etc. Mandatory reports condition the content of the DIA.
⏱ 30 business days for reports
Technical analysis and draft DIA
The environmental authority analyses the EsIA, the public information observations and the reports from the authorities consulted. It draws up the draft Environmental Impact Statement.
⏱ Maximum 4 months from receipt of the complete EsIA
Environmental Impact Statement (DIA)
The DIA is the procedure's concluding act: it can be favourable with conditions or unfavourable. The DIA's conditions are binding on the substantive authority. Unfavourable DIAs can be appealed in the contentious-administrative courts within 2 months.
Frequently asked questions about EIA in Spain
Which projects require an ordinary EIA in Spain?
Projects subject to ordinary EIA are those listed in Annex I of Law 21/2013: combustion installations over 300 MW, refineries, large wind farms (over 50 MW), photovoltaic installations over 150 MW, high-voltage lines over 220 kV and longer than 15 km, large road infrastructure, airports with runways over 2,100 m, and hazardous waste management facilities, among others. Annex II projects require a simplified environmental impact assessment.
How long does an ordinary EIA take in Spain?
The total timeline ranges from 9 to 18 months, depending on the complexity of the project and the workload of the competent environmental authority. The public information period lasts a minimum of 30 business days. Law 21/2013 sets a maximum period of 4 months for the environmental authority to issue the DIA from receipt of the complete EsIA and completion of the consultation procedures.
Can an unfavourable Environmental Impact Statement (DIA) be appealed?
Yes. The DIA, whether favourable with conditions or unfavourable, is an administrative act that can be challenged in the contentious-administrative courts (art. 47 Law 21/2013). The time limit to appeal is 2 months from notification or publication. Filing the appeal does not automatically suspend its effects: a precautionary suspension measure can be requested from the court.
What is the difference between ordinary and simplified EIA?
Ordinary EIA applies to Annex I projects and concludes with a binding Environmental Impact Statement (DIA). Simplified EIA applies to Annex II projects: the environmental authority issues an environmental impact report deciding whether the project requires an ordinary EIA or may continue its processing. Simplified EIA is shorter and does not necessarily include a public information stage.
What are the consequences of carrying out a project without the required DIA?
It constitutes a very serious infringement under art. 57 of Law 21/2013, punishable by a fine of up to €2,000,000. The authorities may order the immediate halt of works, restoration of the affected environment, and demand environmental liability under Law 26/2007. The DIA cannot be retroactively substituted by any subsequent administrative act.