It is false that the Forestry Law allows for immediate land reclassification.

In the context of the fires that are ravaging Spain these days, various messages are circulating on the social network X claiming that the fires are being started intentionally with the aim of immediately rezoning the land and building on the burned areas .

However, this is not true . Article 50 of the Forestry Law prohibits the change of forest use for a minimum period of 30 years on burned forest land.

The Forestry Law does not allow immediate reclassification of land.

In its Article 50, Law 43/2003 , of November 21, on Forests, prohibits "the change of forest use for at least 30 years" after a fire, as well as "any activity incompatible with the regeneration of the vegetation cover, during the period determined by regional legislation."

This same regulation specifies that the different autonomous communities must guarantee the conditions for the restoration of burned lands.

Subsequently, the Forestry Law underwent a new modification approved on August 1, 2022 in the Council of Ministers through a Royal Decree Law . However, it is not related to these issues.

The Forestry Law provides for an exception

However, the law does provide an exception. In 2015, Article 50 was amended, allowing the autonomous communities and the State to agree "on an exceptional basis" to change forest use. This requires that "compelling reasons of primary public interest exist." Specifically, the paragraph states: "On an exceptional basis, the autonomous communities may agree to change forest use." when compelling reasons of primary public interest exist which must be assessed by law, provided that the necessary compensatory measures are adopted to allow the recovery of a forest area equivalent to that burned."

In that case, it must be enshrined in a law and approved . Furthermore, if these "compelling reasons of public interest" correspond to the general interest of the nation, the law must be approved at the state level.

However, the regulation makes no reference to what the viral messages claim: that a burned surface can be reclassified and built on immediately.

INFOVERITAS verifies that…

It is false that the land affected by the fires ravaging Spain can be immediately reclassified for construction. The Forestry Law "requires a change in forest use for at least 30 years." However, it does provide an exception for changes in this land use, "for compelling reasons of public interest." However, this modification must be enshrined in a law and approved before it can be implemented.