PPP and investment law

Spain: PPP and investment law

The laws that govern PPP and concessions, investment guarantees, dispute settlement and legal terms, with links to the official texts.

Checked on October 23, 2026Information, not legal advice

In brief

Spain regulates PPP through concessions of works and services in the Public Sector Contracts Law 9/2017, which transposes the EU directives. Private companies may propose a concession project by submitting a feasibility study, but the contract is always awarded competitively. Spain is an ICSID member and a party to the New York Convention, and it has left the Energy Charter Treaty.

PPP and concession law

In force

Ley 9/2017, de 8 de noviembre, de Contratos del Sector Público, por la que se transponen al ordenamiento jurídico español las Directivas del Parlamento Europeo y del Consejo 2014/23/UE y 2014/24/UE, de 26 de febrero de 2014

English title: Law 9/2017 on Public Sector Contracts

Number / reference: Ley 9/2017 (BOE-A-2017-12902)
Adopted: November 8, 2017
Current version: April 9, 2026

In concessions of works (Art. 14) and of services (Art. 15), the operating risk passes to the concessionaire. Public entities may conclude contracts arising from projects promoted by private initiative (Art. 28(3)). Under Art. 247(5), a private party may submit a feasibility study for a possible concession, and the authority must reply within three months.

Official text (opens in a new tab)

Investment protection

We have not yet checked a separate foreign investment or investment screening law for this jurisdiction against an official source, so we do not summarise one here.

Constitutional protection of property

The constitutional property provision has not yet been checked against the official text, so we do not summarise it here.

Dispute settlement

ICSID Convention

Contracting State

In force: September 17, 1994

New York Convention (1958)

Party

Energy Charter Treaty

Withdrawn, effective April 17, 2025

Investment treaty with Ukraine

In force (1998)

Ukraine's treaties at a glance

Legal terms

How the law names each party, in the original language. Useful when reading tender documents and contracts.

Public side

poder adjudicador
órgano de contratación
entidades del sector público

Private side

concesionarioconcession
contratista

Who proposes a project

iniciativa privadafeasibility study, Art. 247
el particularfeasibility study, Art. 247

Spanish law admits private initiative: a private party (el particular) may submit a feasibility study for a possible concession (Art. 247). The award itself remains competitive.

Sources

BOE – Ley 9/2017 (texto consolidado) (opens in a new tab)