silencio administrativo / administrative silence/ Obra Mayor

Post reply   Start new thread
:: New - Old :: Old - New

Pages: 1 |

Forum home :: Latest threads :: Search forums
The Comments
13 Jan 2010 12:00 AM by Zoe583 Star rating. 13 posts Send private message

 hi anyone out there to give me some advice

My architect has provided plans ,& payed taxes for reform of a townhouse to the town hall  mid  08-2009 ,since the local town hall does not have a planning department these plans where send to another planning department dealing with my area ,we received an official positive advice 26-10-2009 from this planning department to the town hall of our village .So the plans of the architect are approved by this planning department .

i have copies of all docs,application for lisence etc stamped as "'received "' by the local town hall  ,so they have all at hand to give me the lisence you would say ,still up till today no lisence ...

reason apperently is .... ,they have not enough work to have a session with the whole council at my local town hall to discuss & approve the final formal lisence ,and no telling when they will actual have

So i am waiting and waiting ,my architect says just start because of the ""silencio administrativo"" but i am very  reluctant to do so ,i want to have that actual paper in my hands .

just have a bit more patience ? to be sure ?

thank you

zoe





Like 0      
24 Jan 2010 12:55 PM by Fairway Lawyers Star rating. 48 posts Send private message

Hi,

as things stand right now, with people being affected by planning permissions found illegal after the building is finished, it is advisable to wait. Please note that the requests of additional documens interrupt the deadlines of the so called silencio administrativo, therefore you have to be cautious: a request for payment of a fee could paralize the process, so that the deadline would not have expired.

However, in the event you wanted to take the risk, you should file an application at the town hall, explaining that you had submitted the original application on date X, that the time to issue a final decision has already expired, that you have received no reply, so that you estimate that your application has been approved, and therefore you are going to begin the building works on the ******. Do not try to start building without making sure that you have already sent a notice in advance.

The above is valid, provided that you are building in an area classified as urban land. In rural land, the above would not be applicable.

Good luck

 

Am

Fairway Lawyers

 





Like 0      
24 Jan 2010 6:04 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

 Ask for the corresponsing certificate of " Administrative Silence" before the Local Council : they have got 15 days to issue it according to provision 43.4 of the Administrative Process Act.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 0      

Pages: 1 |

Post reply    Start new thread


Previous Threads

AGM - running the meeting - 2 posts
Where can I buy Yeast Free Bread from? - 6 posts
Anyone here in El Rincon? - 1 posts
RAFFLES - 8 posts
Outsider as President? - 7 posts
Short Movie needs help - 1 posts
Morrisons in Gibraltar looking for staff - 8 posts
Motorbiking in Andalucia - 1 posts
Aldea - 1 posts
Removals & Transport Murcia Region. - 0 posts
New business in Estepona - 8 posts
Franchise Sales - Advice please - 0 posts
SKY card : viewing soon to stop! - 1 posts
Paguera far from santa ponsa?? - 1 posts
help me.... - 5 posts
It's -2 here in the UK - How are you getting on in Spain? - 9 posts
Hola a todos - 2 posts
Full Marks to Ryanair - 8 posts
Just a reminder! - 1 posts
For Sale Citroen Zsara Picasso 2.0 Diesel HD Exclusive Spanish - 5 posts
Any van drivers going from UK to Costa Blanca? - 5 posts
Happy Birthday Justin (Monday) - 9 posts
Wanted - Headboards and small bedside cabs for 1 king size and 2 single beds - 3 posts
free to a good home!!! - 0 posts
long term renal wanted polaris world - 3 posts

Number of posts in this thread: 3

DISCLAIMER:  All opinions posted on these message boards are the opinion solely of the poster and do not necessarily reflect the opinion of Eye on Spain, its servants or agents.


1 |
Our Weekly Email Digest
Name:
Email:


This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x