Recurso potestativo de reposición (optional administrative appeal, LPACAP)
Recurso potestativo de reposición (optional administrative appeal, LPACAP) is filed with Registro electrónico del órgano administrativo competente. With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your recurso (appeal) for you. Estimated total cost: €19 to €19. Official tasa (government fee): No public tasa (official fee) for filing the appeal. Going to the administrative courts afterwards may involve court fees.
We draft your recurso potestativo de reposición (optional administrative appeal, arts. 123-124 Ley 39/2015 LPACAP), which is filed with the SAME BODY that issued the decision that ends the administrative route, to challenge decisions, penalties, refusals of grants and so on. The deadline is 1 month from notification; the authority has 1 month to decide, and if it does not reply the appeal is deemed REFUSED. We identify the grounds of nullity or voidability (arts. 47-48 LPACAP), apply for a stay of enforcement (art. 117) and prepare the later court challenge before the administrative courts (art. 46 LJCA, 2 months).
- Estimated total cost
- €19 to €19
- Managora's fee
- €22.99 (21% VAT incl.)
- Tasa (official government fee)
- No public tasa (official fee) for filing the appeal. Going to the administrative courts afterwards may involve court fees. (suplido: paid to the authority on your behalf, no VAT)
- Processing time
- File within 1 month of notification. The authority decides within 1 month (no reply means the appeal is refused). You then have 2 months to go to the administrative courts.
- Where it is filed
- Registro electrónico del órgano administrativo competente ↗
- What you receive
- Recurso (administrative appeal)
Cost breakdown: Our fee 19 euros, with no fee for filing the recurso de reposición with the authority itself..
Recurso potestativo de reposición (optional administrative appeal, LPACAP): how is it filed?
- 1Answer the questions in the chat (about 7 minutes).
- 2We check the deadlines (1 month) and that this is the right appeal (the decision must end the administrative route).
- 3We identify the grounds of nullity or voidability that apply.
- 4Payment of 19 € for our advice and for drafting.
- 5We give you the appeal ready to file with the body that issued the decision.
Which documents do you need?
- •A copy of the notification of the decision being challenged.
- •A full copy of the decision itself.
- •DNI / NIE of the appellant, or a document of authority to act.
- •Documents evidencing the facts.
- •If you are applying for a stay: the security, guarantee or supporting reasons.
Legal basis and things to bear in mind
- Framework: arts. 123-124 LPACAP, art. 117 (effects), arts. 47-48 (nullity and voidability) and art. 114 (which decisions end the administrative route).
- It is optional: you can go straight to the administrative courts instead.
- Deadline: 1 month from notification.
- The same body that issued the decision is the one that decides the appeal.
- 1 month with no reply means the appeal is refused.
- It does not stay enforcement, except under art. 117.2.
- Going to the administrative courts afterwards: 2 months (art. 46 LJCA).
- Different from the recurso de ALZADA (arts. 121-122 LPACAP, filed with the higher body, where the decision does NOT end the administrative route).
- Tax matters: they have their own regime (arts. 222-225 LGT).
- Natural connections: recurso_alzada_administrativo, recurso_extraordinario_revision, demanda_contencioso_administrativa.
Recurso potestativo de reposición (optional administrative appeal, LPACAP): frequently asked questions
Recurso potestativo de reposición (optional administrative appeal, LPACAP): how much does it cost?
The estimated total cost (our fee + official tasas and taxes) is €19 to €19: Our fee 19 euros, with no fee for filing the recurso de reposición with the authority itself.. Managora's fee is €22.99, 21% VAT included (€19.00 net + €3.99 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: No public tasa (official fee) for filing the appeal. Going to the administrative courts afterwards may involve court fees..
Recurso potestativo de reposición (optional administrative appeal, LPACAP): how long does it take?
File within 1 month of notification. The authority decides within 1 month (no reply means the appeal is refused). You then have 2 months to go to the administrative courts.
Recurso potestativo de reposición (optional administrative appeal, LPACAP): which documents do I need?
You need to have to hand: A copy of the notification of the decision being challenged., A full copy of the decision itself., DNI / NIE of the appellant, or a document of authority to act., Documents evidencing the facts., If you are applying for a stay: the security, guarantee or supporting reasons.. You do not upload them here: we collect the details through the guided chat.
Who files the procedure?
Managora files it in your name with Registro electrónico del órgano administrativo competente. You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.
Can it be done online?
Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.
Related procedures
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- Change to a separation of property regime (change of matrimonial property regime)
- Liquidation of the sociedad de gananciales (community of property)
- Capitulaciones matrimoniales (marital property agreement) (CC arts. 1325-1335)
- Capitulaciones matrimoniales (marital property agreement) (CC arts. 1325-1335)
Based on the legislation in force and on the official site of the competent authority: Registro electrónico del órgano administrativo competente ↗.
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