The authority never answered: is silence a yes or a no?

Terms used

• Silencio positivo — Silencio positivo means that if the office does not answer in time, your request is treated as approved.
• Silencio negativo — Silencio negativo means that if the office does not answer in time, your request is treated as refused.
• Alzada — An alzada is an appeal to the higher authority above the office that decided.
• Reposición — A reposición is an appeal to the same office that made the decision, asking it to reconsider.
• Responsabilidad patrimonial — Responsabilidad patrimonial is a claim for compensation for damage caused by a public administration.

Key rules

• General rule: If the office does not decide and notify you in time, your request is normally approved, unless a law says otherwise.
• Proof: A certificate of silence is only proof; silence has its effect without it.
• Court deadline: If silence counts as a refusal, you have six months from when the silence arises to go to the administrative court.
• Check your procedure: Immigration, environment and compensation claims are often refused by silence, so check before assuming approval.

The general rule: silence is usually a yes

If you started the procedure yourself and the office does not decide and notify you in time, your request is normally treated as approved. This is called silencio positivo. The office's time limit is set by the rules for that procedure. If none is set, it is three months.

Once silence counts as approval, a later answer from the office can only confirm it. It cannot undo it.

Silence cannot give you something the law does not allow. An approval by silence for something illegal does not stand.

When silence is a no

Silence is a refusal (silencio negativo) in these cases:

• Petitions to the authorities.
• Requests for use of State public land or public property.
• Procedures about active public service or protecting the environment, or activities that could harm it.
• Claims for compensation from the administration (responsabilidad patrimonial).
• Challenges to decisions and regulations, with one exception covered below.
• Any procedure where a law says so.

Sector rules add more cases. Some immigration applications, for example, are refused by silence. Check the rules for your own procedure with the office or a lawyer before you assume a yes.

If you appeal and nobody answers, silence on the appeal is usually a refusal too. An alzada appeal counts as rejected after three months. A reposición appeal counts as rejected after one month. The exception is an appeal against an approval by silence: there, silence on the appeal is a yes.

How to prove it

Silence works without any paper. But banks, other offices and private bodies will want proof. Ask for a certificate of silence from the office that should have decided. It must issue it within 15 days of your request reaching its register.

Ask through the electronic office or in person at the registry. Say what your original request was and the date you filed it. Any other proof of the approval is also valid.

How to challenge a refusal by silence

You do not have to wait for an answer. While silence continues, the time to file an administrative appeal does not run out. You can file an alzada appeal once three months have passed since your request. You can file a reposición appeal once one month has passed.

To go straight to the administrative court, you have six months from when the silence arises. This deadline is short, so note the date.

The office can still answer late, even after silence counted as a refusal. If a late refusal arrives, you can challenge it. The time limits start from the day it is notified to you: one month for an alzada or reposición appeal, and two months for the administrative court.

Tax claims and some sector procedures have their own deadlines. Check them before you rely on these.

See the decision, timeline, documents and warnings below for the steps.

Choosing between options

Does the silence on your request count as a yes or a no?

• Silence is a yes: You started the procedure yourself and no law says otherwise: the request is approved once the period ends, three months if none is set.

• Silence is a no: The matter is one where the law says silence is a refusal, such as petitions, public land, liability claims or challenges to acts. You can then appeal or go to court within six months.

Silence is a yes by default for requests you started, unless a law sets the opposite for your procedure; if it does, silence is a no.

Timeline and deadlines

• Ask for a certificate of silence if you need proof: after the period runs out; the office must issue it within 15 days of your request reaching its register

• File an alzada appeal against negative silence: at any time after three months from your request

• File a reposición appeal against negative silence: at any time after one month from your request

• Go to the administrative court against a refusal by silence: within six months from when the silence arises

• Challenge an express refusal that arrives later: from the day you are notified, using the express-decision deadlines

Documents you need

• Certificate of silence, issued by the office that should have resolved your request, within 15 days of your request reaching its register. It is optional proof of the silence, usable before other administrations and private bodies.

• Details of your original request and the date you filed it, to identify it when you ask for the certificate through the electronic office or in person.

What to watch out for

• Silence is not always a yes: In some matters silence means refusal: petitions, public land or public domain, public service, environmental protection, liability claims, challenges to acts, and some immigration applications. Before you count on approval, check which rule applies to your procedure and ask the office that handles it.

• Silence on an appeal usually means rejection: If your alzada or reposición appeal gets no answer in time, it counts as rejected. The exception is an appeal against a decision already won by positive silence. Treat the end of the period as the moment to decide on going to the administrative court.

• The court deadline for a refusal by silence is short: Against a refusal by silence you have six months from when the silence arises to go to the administrative court. Count from the day the silence began, not from any later refusal, and act well before the six months end.

Frequently asked questions

Can I get proof that my request was approved by silence?

Yes, you can ask the office that should have decided for a certificate of silence, and it must issue it within 15 days of your request reaching its register. The certificate is only proof: silence has its effect without it. You can show it to other administrations and private bodies, and you can also prove the silence by any other means.

How do I ask for a certificate of silence?

You ask the office that should have resolved your request, through its usual registry channels: the electronic office or in person.

Is silence a refusal when I appeal and nobody answers?

Yes, if nobody answers your alzada or reposición appeal in time, it is treated as rejected, which opens the way to the administrative court. The alzada period is three months and the reposición period is one month.

Can the authority still answer after silence has counted as a refusal?

Yes, the authority can still decide expressly at any time after silence. If a refusal arrives, the deadlines to challenge it run from the day you are notified of it.