Does planning permission expire?

Law of urban planning of andalusia.

The building permit does not grant its holder a right to build without any time limitation. In the very nature of the institution is its direct or immediate link with the construction activity. The ownership of the license does not imply that the holder has a perfect, unmodifiable and enforceable right against future planning. The purpose of this article is to analyze the criteria for the expiration of the license, which are not always known and applied correctly.

Currently, the expiration of urban planning licenses is regulated by land legislation. Prior to this, there were few rules that dealt with this institution, so it was the Supreme Court who, from the study of various cases, has been extracting general principles and outlining characteristics that are substantially those that have been embodied in the new legislation, both state and territorial. Hence the importance of court rulings in this area.

How long is a building permit valid for?

In the event that any of these data have not been indicated, a legal term is established in the Land Law (art. 158.1) as follows: One year to start the works from the granting of the license, and three years to finish them.

When does a building permit expire?

Article 236 of the Land Law of the Community of Madrid establishes that urban planning infringements are subject to the statute of limitations after 4 years.

What happens if my building permit expires?

If the urban development license has expired, the works cannot be started or continued unless a new one is requested and obtained, in accordance with the urban development ordinance in force, except in those cases in which the suspension of the concession has been agreed.

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Urban planning and construction licenses

Art. 157.2 of Law 9/2001, of July 17, 2001, of Land of the Community of Madrid -EDL 2001/24427-, indicates that the express denial resolution, as well as, when appropriate, the enforcement order must be motivated, with explicit reference to the rule or rules of urban planning with which the act or the intended use is in contradiction or which justify the order, respectively.

Therefore, the first thing to analyze is whether there has been a positive administrative silence in this case. It does not seem that this has been the case because from the story that you tell us it is inferred that you have been notified to present complementary documentation that was essential for the resolution of the granting of the license, since, for you to have been able to declare the expiration of the administrative procedure in an orthodox manner from the legal point of view, you should have previously notified the applicant to act. If this was not the case, the declaration of lapsing would not have been validly made. However, if the applicant has been notified to submit the documentation required at the time and the interested party has not done so, the declaration of lapse is valid and, therefore, the untimely documentation submitted by the applicant cannot be dealt with in this procedure and, consequently, in effect, the interested party should initiate a new license application procedure.

When does a minor construction permit expire?

If the urban planning license does not contain an express indication of deadlines, it will be understood that the deadlines are: one year to start the works and three years to finish them.

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How to prove that a work is time-barred?

The simplest and most convenient way is to do it before a Notary Public, since the Notary Public will simply read the Minutes of Manifestations – previously prepared by the urban planning lawyer – in front of the parties and they will sign the Minutes.

When does a work in a condominium community become time-barred?

At that time, the law established that your work would be subject to the statute of limitations after 4 years. In 2012, the Law was modified, and it was established that illegal works are subject to the statute of limitations after 6 years.

Land Law

Some regional regulations, such as the Galician Land Law of 2016, have tried to adapt to this circumstance to facilitate the completion of the works or, at least, of the exterior envelope, which is the one that most affects the degradation of the landscape.

During the license expiration proceedings, the competent body must give us a hearing and we can present allegations. If we can document that we are going to finish the works within a reasonable period of time, we can avoid the expiration of the license and obtain an extension, if necessary.

How many times can a construction license be extended?

revalidation, shall have the same term of its validity and may be extended only once for a term of twelve (12) months.

When is the statute of limitations for unlicensed construction work in Colombia?

The penalty decreed by administrative act shall expire after five (5) years from the date of execution.

How to stop an illegal construction site?

Any person has the right to make a complaint to the city council if he suspects that illegal works are being carried out. This is contemplated in the current urban planning law, in the figure called “public action” and that public action is recognized to all citizens without the need for any legitimating interest.

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-Not here either. Of course, everything must always be required. It is not enough to require something in the second request that we have not done in the first one, unless it is about new things that appear in the reformed or in the complementary documentation that is presented.

-There is no limit here either, which becomes, in the hands of the applicants, a way of keeping the files in process for long periods, since the City Council does not usually declare the expiration of the same.

-Don’t you think that this is an important cause for the delay of the files? To give an example: can you imagine if you could take an exam indefinitely, and the fees would not be renewed until you pass? Well, at least I see that it can’t be. And of course it is an alibi for the technician of the street in front of its promoter… it is not that it is intended to do something that is not possible… it is that those of the city council are some… it is the argument of the bad student, the professors have a grudge against me…