By Welex, your multilingual conveyancing law firm in Spain.
Spanish Decree-Law 2/2020 of March 9, on the improvement and simplification of regulations for the promotion of productive activity in Andalusia, has introduced a series of measures for Andalusia that aim to reduce administrative procedures in certain economic and productive sectors, in order to speed up access to productive activity for entrepreneurs and business people, simplifying procedures and reducing unjustified or disproportionate administrative requirements. 
This Spanish Law came into force on March 13, 2020, and amends a wide variety of Andalusian regulations in different sectors. In the present entry to our blog, we will try to give our readers an idea about the modifications that occur in the administrative procedures of a town planning nature.
Thus, in urban planning matters, procedures for administrative intervention in building acts are reviewed, prioritising the mechanisms of “Statement of Compliance” and “Prior Communication” in those actions that do not have a control impact through licenses or administrative authorisations.
Administrative licenses are regulated acts of the local administration whose main purpose is to adapt the actions to the determinations of the urban planning in force. The aim is to reduce the administrative procedures in Spain for carrying out work on existing buildings that conform to urban planning on consolidated urban land, without this implying any prejudice to legal certainty, since this type of work is carried out on buildings that conform to the determinations of the urban plan.
Likewise, the procedures regarding the occupation and operation licenses of the buildings for which the mandatory building license has been previously obtained are expedited. Government control must be limited to checking that the work carried out complies with the licence granted, which is guaranteed by the final works certificate issued by the competent technicians. Therefore, administrative control of this type of action would be carried out ex-post.
The Decree-Law also aims to reduce the processing times for urban planning instruments.
When is the Statement of Compliance applicable in Andalucía?
It will be necessary to file a “Statement of Compliance” to the Town Hall in Andalucía (Spain) where the works are located regarding the following urban planning actions:
- Those works of little entity and technical simplicity that do not require a competent technical project.
- Those works that are carried out on existing buildings, on consolidated urban land and that comply with town planning regulations, as long as they do not alter the parameters of occupation and height, or lead to an increase in the area for building or number of dwellings. A Statement of Compliance will also be required for the occupation or use of these works and the change of use of the same.
- A Statement of Compliance presented to the Town Hall will be sufficient for the first occupation and use of those new buildings, provided that they are finished and their destination is in accordance with the regulations and the building licence.
We understand here that the final Certificate of work issued by the facultative management will be sufficient to accompany the Statement of Compliance before the Town Hall. The doubt arises about the granting of the deed of new work and its registration in the Land Registry, if it will be sufficient to provide this “Statement of Compliance” or require some other additional document.
In those cases where these urban development actions require some kind of prior authorisation or report, they must be presented together with the “Statement of Compliance”.
This “Statement of Compliance” will take effect from the day it is presented, provided that it is accompanied by the required documentation. This is without prejudice to any checks and inspections that may be carried out by the Town Hall.
The Public Administration, by means of the corresponding resolution may declare the impossibility of continuing with the action or the cessation of the occupation or use, whenever it detects inaccuracy, falsehood or omission of data or documents, of the Statement of Compliance.
If the administration does not take the necessary measures to cease the act or use within 6 months, it will be responsible for the damages that may be caused to third parties in good faith, due to the omission of the adoption of these control measures.
Finally, it should be added that a “prior communication” to the administration will be required in the following cases:
- Changes in ownership of licences or declarations of responsibility, with all holders being jointly and severally liable.
- The beginning of the works
- Extensions of the deadline for the start and completion of work with a licence or Statement of Compliance in force.
The Decree-Law makes it clear that a Statement of Compliance in Andalucía or communication will not be understood to have acquired powers that go against the applicable urban planning.
The regulations relating to the protection of the legality and the sanctioning regime of those actions that are carried out without having presented the “Statement of Compliance” or that exceed what is actually declared will be applicable.
The measures adopted by this Decree-Law will undoubtedly have an impact on the daily procedure.
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