Friday, 5 December 2014

Buildings Assimilated to the Outside Planning Regime (I)

Properties Assimilated to the Outside Planning Regime (I)

Particularized Recognition. Resolution and Consequences.

The Andalusian Urban Discipline Regulations specify that the works, installations, facilities and buildings made in breach of the Urban Planning regulations, for which is no longer possible to adopt measures for protecting and restoring the legality, because of the time elapsed, become Assimilated to the Outside Planning Regime. In this situation, the registration of the building in the Property Registry requires that the competent authority, ex officio or upon request, provides the Particularized Recognition of the situation. The administrative procedure for obtaining the resolution of Assimilated to the Outside Planning Situation is not compulsory and is subject to the payment of a fee.

Consequences of the Particularized Recognition

Although obtaining the Particularized Recognition of Assimilated to the Outside Planning Regime does not mean the legalization of the performed works, it does involve at least one official recognition about the following circumstances:
  • the very existence of the building
  • the absence of any punitive proceedings
  • the legal impossibility of adopting any measure involving the restoration of the disturbed legal order or the replacement of the altered physical reality
  • the location outside any special protection un-developable land, outside the Area of Shoreline Influence, and outside areas for public facilities
  • the location on a land without risk of erosion, landslides, floods or other natural or artificial risks.

Title Deeds and Particularized Recognition

The granting of the Title Deeds does not require to provide the Particularized Recognition of Building Assimilated to the Outside Planning Situation. The particularized administrative resolution can be obtained afterwards.

Resolution and Administrative Silence

The administrative procedure needed for obtaining the Recognition of Assimilated to the Outside Planning Situation can result in a refusal. In addition, the administrative silence is, in these cases, negative.
Legalization Projects for Buildings

Architect Daniel Trujillano
Legalization Documents for Buildings in Andalusia

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