Industrial Spaces Law in Andalusia: What Changes in Public Procurement for Companies and Industrial Park Managers

Key data

Companies and managers operating in productive and industrial spaces in Andalusia now have a certainty that did not exist before: article 12.5 of the Law 4/2025, of December 15, on productive spaces for the promotion of industry in Andalusia cannot be interpreted in isolation. The agreement reached on September 11, 2026 in the State-Andalusia Bilateral Cooperation Commission, published on October 19, 2026, closes the jurisdictional conflict and establishes a clear rule: public procurement in these environments is governed by the Law 9/2017 on Public Sector Contracts and the basic regulations on the legal regime of the public sector, without regional exceptions.

The agreement has been communicated to the Constitutional Court to suspend or prevent a possible constitutional challenge, which confirms the seriousness of the previous conflict and the importance of the resolution for all sector operators.

What does this regulation establish?

Andalusian Law 4/2025 regulated productive spaces — industrial parks, logistics areas, business parks — with the aim of promoting industry in Andalusia. However, its article 12.5 generated a jurisdictional controversy: the State considered that this provision could conflict with state basic regulations on public procurement.

The Subcommission for Regulatory Monitoring, Prevention and Resolution of Disputes of the Bilateral Cooperation Commission General State Administration-Autonomous Community of Andalusia resolved the conflict through an agreement with two direct consequences:

• Article 12.5 of Law 4/2025 must be interpreted in accordance with Law 9/2017 on Public Sector Contracts.
• Article 12.5 must be interpreted in accordance with basic regulations on the legal regime of the public sector.
• The regional law cannot establish procurement rules that diverge from state basic regulations.
• The agreement is communicated to the Constitutional Court to suspend or prevent a constitutional challenge.

In practical terms: if Law 4/2025 seemed to open its own path for contracting in Andalusian productive spaces, that margin is now closed. Law 9/2017 is the mandatory reference.

Economic and operational impact

The impact is not one of direct new economic burden — there are no new fees or sanctions derived from this agreement — but rather of operational and compliance risk. The practical consequences are:

• Contracts already signed or underway under an autonomous interpretation of article 12.5 may be exposed to challenge if they do not comply with Law 9/2017 procedures.
• Ongoing procurement processes in Andalusian productive spaces must be reviewed to ensure that specifications and procedures comply with state basic regulations.
• Industrial park managers who have designed their management models assuming a differentiated contractual regime must update their internal protocols.
• Local and regional administrations operating in these spaces must align their procedures with Law 9/2017 without exception.

The cost of not adapting is not a fixed fine, but rather the risk of contract nullity, challenges in procurement processes and possible administrative liabilities resulting from non-compliance with state basic procurement regulations.

Who does it affect?

• Companies operating in industrial parks and productive areas in Andalusia that participate in public procurement processes in those environments.
• Managing entities of industrial parks and business parks in Andalusia that contract services, works or supplies.
• Andalusian public administrations (municipalities, provincial councils, Junta de Andalucía) that act as contracting authorities in productive spaces.
• Promoters and developers of industrial land in Andalusia that must contract under public regime.
• Legal advisors and consultants who advise any of the above on public procurement matters.
• Bidding companies that participate in public contracts called under the framework of Law 4/2025.

Practical example

A managing entity of an industrial park in Seville needs to contract the maintenance service for common infrastructure in the productive area. Relying on article 12.5 of Law 4/2025, its legal advisor interpreted that it could apply a simplified procedure specific to regional regulations, different from the negotiated or open procedure required by the Law 9/2017 on Public Sector Contracts.

Following the agreement of September 11, 2026, that interpretation is no longer valid. The managing entity must fully apply Law 9/2017: publish the contract on the corresponding procurement platform, respect publicity thresholds and procurement deadlines, and guarantee the principles of competition, transparency and equal treatment. If the contract was already awarded under the autonomous regional simplified procedure, there is a risk of challenge by excluded bidders.

What should companies do now?

1. Review existing contracts awarded in Andalusian productive spaces under Law 4/2025: verify whether the procedure followed complies with Law 9/2017 on Public Sector Contracts.
2. Audit ongoing procurement processes: if there are open processes based on an autonomous interpretation of article 12.5, stop them and adapt them to state basic regulations before continuing.
3. Update internal procurement protocols of industrial park and productive area managing entities to eliminate any reference to a differentiated contractual regime derived from Law 4/2025.
4. Inform legal and procurement teams about the scope of the agreement: article 12.5 of Law 4/2025 does not grant its own margin in public procurement.
5. Consult with specialized legal advisors if there is exposure from contracts already awarded under interpretations that are now ruled out, to assess the risk of challenge.

Official source

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Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-21761