Article 319 [source]

Spanish Criminal Code
English translation

1. Penalties of imprisonment of one year and six months to four years, a fine of twelve to twenty-four months, unless the benefit obtained from the crime is greater than the resulting amount, in which case the fine will be from one to three times the amount of said benefit, and special disqualification from profession or trade for a period of one to four years, will be imposed on promoters, builders or technical directors who carry out urbanization, construction or building works not authorized on land intended for roads, green areas, public domain property or places that have legally or administratively recognized their landscape, ecological, artistic, historical or cultural value, or for the same reasons have been considered of special protection.

2. A prison sentence of one to three years, a fine of twelve to twenty-four months, unless the profit obtained from the offense exceeds the resulting amount, in which case the fine shall be from one to three times the amount of said profit, and special disqualification from practicing a profession or trade for a period of one to four years, shall be imposed on promoters, builders, or technical directors who carry out unauthorized urbanization, construction, or building works on non-developable land.

3. In any case, the judges or courts, with due justification, may order, at the expense of the perpetrator, the demolition of the work and the restoration of the altered physical reality to its original state, without prejudice to the compensation owed to third parties acting in good faith. Taking into account the circumstances and after hearing the competent authority, they may temporarily condition the demolition on the establishment of guarantees that ensure payment of said compensation. In any case, the confiscation of the proceeds of the crime shall be ordered, regardless of any transformations they may have undergone.

4. In the cases provided for in this article, when a legal entity is liable in accordance with the provisions of Article 31 bis of this Code, it shall be subject to a fine of one to three years, unless the profit obtained from the crime exceeds the resulting amount, in which case the fine shall be double to quadruple the amount of said profit.

Subject to the rules established in Article 66 bis, the judges and courts may also impose the penalties set forth in subparagraphs b) through g) of paragraph 7 of Article 33.