Monday, 15 December 2014

Limitation Periods for Urban Offenses in Andalusia

Time Limits for Urban Offenses in Andalusia

Rules for the Legalization of Illegal Buildings

In Andalusia, the Urban Discipline Regulations (RDUA) and the Andalusian Law on Urban Planning (LOUA) establish the following limitation periods for urban offenses:
  • for important and major offenses: 4 years
  • for minor offenses: 1 year.

Such limitation periods represent the timeframe within disciplinary proceedings can begin, although for the adoption of measures for the reinstatement of the disturbed civil order, either by legalizing the works or by replacement of the altered physical reality (demolition), the timeframe is 6 years since the full completion of the works.

Illegal Constructions with Prescribed Urban Offense

The type of procedure applicable to the buildings performed without building permit or violating the conditions of a granted permit, in which the urban infraction is already prescribed will depend on the situation:
  • if the performed works are clearly in disagreement with the urban planning it will be necessary to obtain the recognition of Situation Assimilated to Outside Planning regime (SAFO)
  • if the performed works are in conformity with the urban planning and they are completed, its occupation and use, and also the performance of any works on them, will require the recognition or accreditation that the works are in situation of urban conformity, and the legalization will be automatically granted by prescription.

If the performed works are in conformity with the urban planning but they are still not completed, the urban offense cannot be considered prescribed, so the legalization will be mandatory.

Rules for the Legalization of Building Works in Andalusia

The legalization of building works performed without building permit, or violating the conditions of a granted permit, is subject to the same documentary, procedural and adjudicative rules that apply for obtaining a building permit. In other words, the legalization of building works is proposed as an equivalent substitute for the building permit. The current urban legislation in Andalusia (LOUA and RDUA) does not specify the required documentary content for the Legalization Projects, but in establishing that the rules for the application are the same as for building permits it suggests that the documents needed shall be equivalent to the Construction Documents established by the RDUA for the processing of building permits.
Legalization Projects for Buildings

Architect Daniel Trujillano

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