How to legalize a house already built
- How to legalize a house already built
- When does a building permit expire?
- When does an unlicensed work become time-barred?
- What happens if the building permit expires?
- Prescription of works without a license
- How to prove that a work is time-barred?
- How many years must pass for a work to be legal?
- How long does it take for an illegal work to become time-barred?
- Legalization of works
- What is the deadline for the City Council to demolish illegal works?
- How to stop an illegal construction site?
- How many times can a construction license be extended?
- When a building permit is required
2.2 The requirements established in this Law and its regulations apply nationwide. The administrative delay in the processing of the file does not authorize the applicant to be required to update the documentation that was presented on the date the file was submitted to the respective municipality.
a. a. Principle of Unity – The regulations issued as from the present Law must be consistent with the legal system, in such a way that the regulations that comprise it are integrated harmoniously avoiding contradictions.
d. Principle of Subordination – In the procedures of urban habilitation and building, the general interest shall prevail over the particular interest, in order to achieve a harmonious urban development.
The procedures established in the present Law, with the exception of the ex officio urban habilitation procedure, are subject to the positive administrative silence, regulated by Law 29060, Law of Administrative Silence.
b. Executed Urban Qualification: That which has been executed without the respective license prior to the entry into force of this Law. Its approval is made in the process of regularization of executed urban habilitations and, if applicable, the reception of the works.
When does a building permit expire?
The urban planning statute of limitations for a serious infringement is six years, when these infringements are the works carried out in breach of the rules relating to subdivisions, urban development, land use, height, number of floors, maximum buildable area and volume, minimum distances, occupation …
When does an unlicensed work become time-barred?
Article 236 of the Land Law of the Community of Madrid establishes that urban planning infringements are subject to a 4-year statute of limitations.
What happens if the 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.
Prescription of works without a license
What is necessary to formulate a denunciation related to urbanism? To present a written document in the Registry of documents of the Town Hall of Aljaraque, where the data of the complainant are stated, as well as the facts and identification (as precise as possible) of the urbanistic illicit that is intended to be denounced.
How do you notify me when a minor works license has been granted? By means of the remission by mail of a notification of the agreement of concession (or denial, in its case) with acknowledgment of receipt, or personal notification in the address indicated by the applicant of the license.
Which body is competent to grant a license? At present, the competence for the granting of licenses for minor works resides with the Mayor’s Office-Presidency. The concession of licenses of major work and licenses of first occupation, is exercised by the Board of local Government by delegation of the Mayor’s Office-Presidency.
Is a license necessary to divide a property? Yes, it is necessary in any case to divide a property located in any kind of land, except those resulting from reparcelling projects. Thus, in accordance with the provisions of the current town planning regulations, notaries and property registrars will require, in order to authorize or register, respectively, deeds of division of land, proof of the granting of a license or a declaration that a license is not necessary.
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.
How many years must pass for a work to be legal?
The general term of the exploitation rights of the work is the life of the author and seventy years after his death.
How long does it take for an illegal work to become time-barred?
However, in all cases, the statute of limitations runs from four to ten years after the closing.
Legalization of works
Although this may seem obvious, we make this warning, because sometimes clients have come to us trying to prove the statute of limitations, when due to the computation of the same, it had not occurred. Our answer is always the same: if the statute of limitations has not occurred, it cannot be proved. The line of action must be different, other actions must be activated, but in no way try to prove something that has not happened. And just as we say this, we also say the opposite (object of this note): if the statute of limitations has occurred, it can always be proved. That is to say, that of course we can prove that the works are time-barred, it must be verified that the period established by the town planning regulations of our Autonomous Community has elapsed; you can consult the table of limitation periods of the restoration action and the sanctioning action by Autonomous Community.
That is to say, that there had existed for example a previous file (not resolved of course), where the date of the actions, by which it is clear that the execution or completion of the works in question correspond to the new action of the City Council, and therefore, taking into consideration these dates, the unlicensed works (its possibility of restoration or infringement) are prescribed. Example: a police report, an urbanistic inspection report, the internal proceedings of the file, or even an injunction or (unresolved).
What is the deadline for the City Council to demolish illegal works?
The limitation period is 5 years from the Order issued for the demolition of the works. With Law 42/2015 of October 5, which came into force on October 7, 2015, i.e. the latest reform of the Civil Procedure Act, a new shorter period of 5 years is established.
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.
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 a building permit is required
Minor Works License. It will be processed in accordance with Article 214.3 of Law 5/2014, LOTUP (modified by Law 1/2019), as well as Article 13 of the Regulatory Ordinance of the Procedure for the granting of urban and environmental licenses and related figures. 5th Modification. (Licensing Ordinance, hereinafter).
Canopies for outdoor advertising, which will be adjusted to the determinations of the Ordinance of Facilities and Advertising Elements since its entry into force and which will be processed jointly with the rest of the works linked to the activity as provided for in articles 21 and 24.bis of this Ordinance.
The restoration or rehabilitation works are intended to restore the building to its original state, and may include partial replacements of structural elements that do not produce an essential variation in the structural system as a whole, as well as the incorporation of new installations to ensure the stability and adequate functionality of the building in relation to the needs of the use to which it is to be put.