30 Jul 2011 12:53 PM:

Hi,

town halls have got 4 years to take action against FINISHED buildings done without planning permission (if the building is not "finished", the rule does not apply).

After that time, the town hall has no longer action against the owner, but the building is "frozen", this means that you are allowed to maintain it and keep using it as you have been doing it, but nothing else.

However, there are important exceptions to the 4 years rule mentioned above: building works done in public property (=a street) , green areas (= a park) or in areas classified as rural protected land in the Master plan or similar Plans are NOT subject to this rule, and the competent town hall can ALWAYS take action.

As to the way to include those buildings into your deeds, this implies getting assistance from technicians and probably going to the town hall to make them acknowledge that these works were finished more than 4 years ago. In this regard, we can assist you.

Yours sincerely,

 

 

Am (Fairway lawyers)

 

Thread: Antiquity law

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02 Feb 2011 10:26 AM:

Hi,

Be careful and make sure that it is possible to finish the restoration works and that there is no objection concerning the works carried out in the property, as if they were done without planning permission the town hall might have something to say about it.

The Master Plan is the document that lays down the applicable rules for building and rebuilding, therefore you should check first at the town hall IN WRITING whether it is possible to carry out the restoration you seek and also if there is any illegallity in the works already carried out.

Yours,

 

 

A.M,

 

Thread: Certificate of habitation for a finca needing total restoration - query

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25 May 2010 1:35 PM:

Hi,

financial penalties are not possible unless they are included in the community by-laws "(estatutos)", therefore at this stage the only thing you can claim are court expenses and interests on the amounts owed.

However, you should deal with the community president in order to include a point in the next general meeting (or perhaps to arrange an extraodinary meeting) and change the by-laws so that the debtors receive a financial penalty for late payment. You should be aware that such agreement needs unanimity of all the assistants to the meeting and also that the non assistants with right to vote (which excludes debtors) do not vote against wthin 30 days after receiving the notification of the meeting act by the post.

Yours sincerely,

 

 

Fairway Lawyers

 

 

Along with the court expenses

Thread: Debtor Sanctions

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24 Jan 2010 12:55 PM:

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

 

Thread: silencio administrativo / administrative silence/ Obra Mayor

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24 Jan 2010 12:38 PM:

Hi,

I have made the experience that any costs connected to the acquisition of the property can be deducted. As such I include the solicitor costs (provided that there is a formal INVOICE for these services), the plusvalia (if you have got the bill you can deduct it).

Anyway, if the tax office sent for inheritance tax purposes a complementaria (a letter stating that the value of the assets is higher), then you can take that value as acquisition value.

good luck,

Thread: Capital gains tax - allowable acquisition costs

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