Last Update: 05/01/2022

Calendar of Non-Working Days

The calendar of non-working days of the General State Administration (Administración General del Estado - AGE) includes the days that are considered non-working days for the purposes of calculating deadlines for carrying out administrative actions and for the exercise of citizens' rights before the Public Administration.

Information on the calendar

The calendar of non-working days (to be taken into account for the purposes of calculating deadlines) is fixed by each Administration annually and must be published for the information of all citizens before the beginning of each year.

It is published in the relevant official gazette and in other media to ensure that it is widely known.

The calendar of non-working days is created by following the official work calendar, establishing the non-working days in its respective scope (national, regional, and local administration) (Art. 30.7 of Law 39/2015 of 1 October, Will open in a new window. on Common Administrative Procedures in Public Administration Services).

The work calendar is published by the Ministry of Labour and Social Economy, in accordance with the provisions of Royal Decree 2001/1983, Will open in a new window. on the regulation of working hours, special days and breaks.

Therefore, non-working days are generally:

The calendar of non-working days within the scope of the General State Administration is published by the Ministry of Territorial Policy and Civil Service, through the Secretariat of State for the Civil Service, in the Official State Gazette (Boletín Oficial del Estado - BOE), before the beginning of each year, as well as in other media to ensure that it is widely known.

Administrative actions and the exercise of citizens' rights before the Administration must be carried out within the time - deadlines and terms - specified for them. This rule applies to both the authorities and staff working for Public Administration Services who have the authority to process administrative matters and to the interested parties in said processes.

The "term" refers to the specific moment in time at which the rule requires an action to be taken, for example, the appearance at a public office at a specific time.

The "deadline" refers to a period of time, that is more or less extensive, established in the rule to carry out an action, e.g. the ten-day deadline for rectification granted in an injunction.

Actions carried out "outside the time limit" may have repercussions both on the acts - an appeal filed after the deadline will be inadmissible - and on the Administration staff in charge of handling the cases - they have the legal obligation to issue an express decision within the deadline, and failure to comply with this obligation may give rise to disciplinary liability, without prejudice to any that may be applicable in accordance with the applicable regulations-.

Calculating deadlines for administrative processes is a little complex, as different elements must be taken into consideration:

Calculating deadlines

Articles 30 and 31 of the LPAC (Law 39/2015, of 1 October Will open in a new window. ) establish the legal regime applicable to the calculation of deadlines.

The calculating system for the processing of administrative procedures, depending on whether they are indicated in hours, days, months or years, is as follows:

When the last day of the deadline is a non-working day, the deadline will be understood to fall on the next working day.

Furthermore, if a certain day is considered as a working day in the municipality or autonomous region where the interested party resides but as a non-working day by the head office of the administrative body in question, or vice-versa, said day will always be considered as a non-working day.

The declaration of a day as a working or non-working day for the purposes of calculating deadlines does not in itself determine the functioning of Public Administration workplaces, the organisation of working time or their working hours and timetable.

Article 31 of the same Law establishes the rules applicable to calculating deadlines in the Registries.

Each Public Administration shall publish the days and timetable when the offices that provide assistance for the electronic submission of documents must remain open, guaranteeing the right of interested parties to be assisted in the use of electronic means.

The e-Registry of each Administration or Body shall be governed, for the purposes of calculating deadlines, by the official date and time of the electronic headquarters, which must have the necessary security measures to guarantee its integrity and it must be displayed in an accessible and visible manner.

The functioning of the e-Registry shall be governed by the following rules:

  1. The functioning of the e-Registry shall be governed by the following rules:
  2. For the purposes of calculating a deadline set in working days, and with regard to compliance with deadlines by the interested parties, submission on a non-working day shall be deemed to have taken place on the first hour of the next working day, unless a rule expressly permits receipt on a non-working day. Documents shall be deemed to have been submitted in the order of the actual time at which they were submitted on the non-working day. Documents submitted on a non-working day shall be deemed to precede, in the same order, those submitted on the first working day thereafter.
  3. The start of the calculation of the deadlines to be met by the Public Administrations will be determined by the date and time of submission in the e-Registry of each Administration or Body. In any event, the person who submitted the document must be informed of the actual start date and time for calculating deadlines.

The electronic headquarters of the registry of each Public Administration or Body shall determine, in accordance with the territorial area in which it exercises its powers and the calendar provided for in Article 30(7), the days that shall be considered non-working days for the purposes provided for in this Article. This shall be the only calendar of non-working days that shall apply for the purposes of calculating deadlines in e-Registries, without the provisions of Article 30(6) being applicable to them.

Extension of deadlines

Deadlines may be extended, unless otherwise stipulated - for example, deadlines for appeals cannot be extended - , either ex officio or at the request of the interested parties, for a period not exceeding half of the deadline length, if circumstances make it advisable to do so and the rights of third parties are not affected. The extension agreement shall be notified to the interested parties.

In any case, the extension of deadlines shall be applied to procedures processed by diplomatic missions and consular offices, as well as to those which, while taking place in Spain, require a procedure to be completed abroad or in which interested parties residing outside Spain are involved. However, under no circumstances may a deadline that has already expired be extended. In any case, both the request of the interested parties and the decision on the extension must be taken before the expiry of the deadline in question. Decisions on the extension of deadlines or on their refusal shall not be subject to appeal, without prejudice to the right to appeal against the decision terminating the procedure.

When a technical incident has rendered the regular operation of the corresponding system or application impossible, and until the problem is fixed, the Administration may establish an extension of unexpired deadlines, and must publish both the technical incident that has occurred and the specific extension of the unexpired deadline in the electronic headquarters.