Hi !
I was offered to buy a property , land + partially built house. It is in IBIZA , Santa Eulaliz del Riu
2006 - planning permission granted for a house to be built , with constraction period of 18 months .
Construction starts . The owner passed away . The project stops .
2015- the property purchased by another owner .
He believes he can complete existing project . He said he filed for a modification to authorities and has been denied .
He files for an appeal , saying that the planning permission never been annulled . "Solo argumentan que ha caducado porque ha expirado el plazo de construcción y para que una licencia caduque se tiene que iniciar un expediente de caducidad y no es el caso" . ("They only argue that it has expired because the construction term has expired and for a license to expire an expiration file has to be started and that is not the case.") . This is his quotes .
2022 - he is selling the property now . The response about current appeal is expected only in 18-24 months . And if denied , there is a next step - to appeal to central government.
I don't mind waiting 2 years . But I would like to understand what is the general rule on expiration of constraction period ? The building is there , what was started (full first floor is built and partially second) - it is built within constraction period allowed legally .
so the project was not completed , what is the point in denials to complete ORIGINAL not modified project? How do authorities view such dwellings? Is it something they want to have demolished now ?
what are my chances to actually have an approval to complete an original project that had planning permission and was not finished on time, but half-built now ?
regards,
muata