What is the subsequent action of the administration in Spain?
The presentation of the responsible declaration for the occupation of a house in Spain is sufficient for its use from the moment that the interested party presents it to the administration, as long as it has complied with all the requirements established by the applicable legal regulations.
It is necessary, in order for the responsible declaration to be effective, that its presentation is accompanied by the required documentation, among others, the certificate of completion of the works and the start-up of the facilities of the property.
The administration (city council) has the task of verifying that the documentation submitted is complete. If this is the case, the administration will not initiate any type of procedure nor will it issue an administrative resolution, so there will be no notification to the interested party.
The administration may carry out an inspection of the building in Spain, require documentation if it considers it necessary to verify and check the actions and, if appropriate, it may initiate a procedure of urban discipline to restore the violated legality, as well as sanction the infringement committed by the interested party.
What measures could be taken by the administration in Spain?
In the event that the building does not comply with the applicable Spanish town planning regulations, the presentation of the responsible declaration does not imply a limitation to the control, inspection and sanctioning powers of the administration, which may take the following measures:
- The measures that are necessary to protect the urban planning legality and the reestablishment of the disturbed legal order.
- Sanctioning measures.
- The compensation of the damages that correspond to those declared responsible for the action.
The presentation of a responsible declaration in Spain is an activity carried out by the interested party without giving rise to an approving resolution of the administration. What will take place subsequently by the administration is the action to verify that the interested party has complied with all the requirements for the declaration to be effective.
Rights can not be acquired by administrative silence against the urban planning, so the administrative silence is not applicable to the presentation of a responsible declaration of license of first occupation in Spain.
The administration has the possibility to react to possible illegalities, to carry out its verification work and in case of defect or irregularity, or indications of them, to initiate the corresponding procedure.
The law of Impulse for the Sustainability of the Territory of Andalusia (LISTA) in its article 153, includes a term of six years, from the complete termination of the acts contrary to the legal order, to adopt the measures to reestablish the urban planning legality in Andalusia.
If you wish to receive more information about this procedure, a more personalized advice or other urbanistic procedures in the Costa del Sol, do not hesitate to contact the team of Welex lawyers in Marbella.