Certificates Attesting the Antiquity of Buildings (I)
Prescription Time Frame. Property Registration.
According to the Revised Text of the Spanish 'Ley del Suelo', if a construction, building or facility was illegally built but the time frame in which it was legally possible to adopt restoring actions which could implied demolition is finished, then it will be possible to declare the completed construction.
Time Frame for Restoring Actions
The applicable time frame in which the Administration may act against illegal constructions by ordering demolition is determined by regional legislation. In Andalusia, this legislation is contained in the Law on Urban Planning of Andalusia (LOUA), which currently sets the time frame in six years after the full completion of the works. The prescription time frame is not applicable in the following types of location:
- undeveloped land with special protection
- land located in the Coastal Influence Zone
- Catalogued Land
- parks, gardens, open spaces or infraestructure
- allocations reservations.
In all locations listed, the action of the Administration does not prescribe at all.
Property Registration
Among the documents which can be used to enter a new Title Deed in the Register of the Property are the certificates issued by competent technicians, stating the completion of works on specified date along with a building description which must match the one set forth in the Deed. This kind of documents are known as "Antiquity Certificates", which must be written by registered Architects and used to apply for registration.
Checking for Registration
At the time of registration, in addition to receiving the Antiquity Certificate, the Registrar must verify:
- the lack of notation for initiation of urban discipline actions
- the location is non demanial or affected by public easements.
Also, if the construction, building or facility is in an “out of urban planning” situation, in accordance with applicable urban planning, the Registrar must notify the registration to the City Council.
Daniel Trujillano, Architect
Antiquity Certificates for Buildings and Constructions in Andalusia
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