The Legalization of Buildings in Spain (I)
Legalization as a Method to Restore the Perturbed Legal Order
In Spain, when construction works are performed without having a building permit or violating the conditions in a granted building permit, the legal order is considered perturbed. The right method for restoring the legal order depends on whether the performed works are or not compatible with the applicable urban planning. If the performed construction works are not compatible with the urban planning, the only way to restore the legal order will be resetting the physical reality to its original state, which will involve demolishing what has been built, but if the works are compatible with urban planning, there will be another solution: legalizing the performed works.
Deadline for Applying for Legalization
When a developer is required for legalizing construction works performed without a building permit (or violating the conditions in a granted permit) he should apply for the legalization within a specific time frame wich, in Andalusia, is two months. That time frame can be expandable in response to the complexity of the project.
After the Application
It's neccesary to keep in mind that, having applied for legalization, it's still possible that finally the demolition of what was built gets ordered. If the legalization is applied and is denied, it will be neccesary to restore the physical reality and therefore to demolish what was built. The same applies if, after applying for the legalization, the result is the legal inadmissibility of the acts, because of non-conformity with determinations in applicable legislation and urban planning.
Penalties for Non-Compliance
If after the time granted to the developer in order to legalize the construction works, he doesn't apply for the legalization, successive coercive penalties will be imposed. In Andalusia, the amount of such penalties is, each time (penalties are imposed for minimum periods of one month), ten per cent of the value of the completed building works, with a minimum of 600 euros.
Infringement Procedure
When the alleged commission of an urban planning infringement is noticed, it produces the initiation, investigation and resolution of a disciplinary proceeding. This legal procedure is instructed and resolved regardless of the procedure derived from the requirement for the legalization of the construction works, but in a coordinated manner.
Daniel Trujillano, Architect
No comments:
Post a Comment