Monday, 9 June 2014

Legalization of Buildings in Andalusia (II)

Legalization of Construction Works in Andalusia (II)

Effects of the Resolution. Light Nonconformities and Non-Fulfillment.

The resolution of the legalization procedure produces the following effects:
  • if the license gets granted or, if applicable, the actions become considered consistent with their authorization, the construction works will be considered legalized
  • if the license gets denied or, if applicable, the actions become considered not consistent with their authorization, an order for restoring physical reality will be issued.

Light Nonconformities

If the replacement of physical reality is considered difficult or impossible and the non-conformities of the performed works with applicable urban planning are not substantial, it will still be possible to apply and obtain legalization, exceptionally. In order to discern whether nonconformities with urban planning are substantial or not, current Regulations on Urban Infractions in Andalusia considers the following rating criteria:
  • excess in floor area, in relation to authorized parameters
  • visibility from the street
  • affection of the performed construction works over the rest of the building complex
  • robustness of the performed works
  • affection to architectural barriers to the handicapped.

If the developer was formerly sanctioned because of serious urban planning offenses, he will not be able to benefit from the application of this principle.

Non-Fulfillment of the Legalization

If the time allowed in the process of protecting urban planning law expires and the developer does not apply for the legalization or, if applicable, does not fit the performed construction works to their authorization, the acting Public Administration will proceed according to the following cases:
  • If the legalization is possible, it will impose up to 12 coercive fines, until the legalization gets applied or, if applicable, the performed construction works get adjusted to the authorization. If, after imposing the 12th fine, the correction has not yet produced, the replacement of the physical reality will be ordered, and the developer will be forced to pay for it.
  • If the legalization is not possible, it will order the replacement of the physical reality.
  • If the performed construction works are manifestly incompatible with the urban planning, the City Council, or other public entity responsible for urban planning, will order the immediate demolition of the works, after hearing with the developer.

Legalization Procedure and Disciplinary Procedure

The appreciation of the alleged commission of an urban planning offense should always give rise to the initiation, investigation and resolution of a relevant disciplinary procedure, no matter if the legalization is possible or not. The procedure derived from the requirement for the application of the legalization of the performed construction works, or for replacing the physical reality, should be instructed and resolved regardless of the disciplinary procedure, but both procedures should be developed in a coordinated manner.
Legalization Documents for Construction Works

Architect Daniel Trujillano

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