Oct 072009

The procedure for restoration of legal order perturbed

IMG_05961 .- Initiation of proceedings

The building acts carried out or use unlicensed or against the license (license reconcede suppose to build four plants and built belt), will lead the beginning of the file of restoration of civil order disturbed, a part of the record sanctions. That is, while the sanctioning procedure aims to impose a penalty on the offender or offenders, the restoration of legal order perturbed aims to enforce the planning and urban planning, if necessary to reach the demolition.

This procedure will take place acts contrary to the urban planning that meet the following requirements:

a) act done, not running

b) For any act that requires a license and has been carried out without or against the contents thereof.

The start of the procedure will entail a call from the municipality to which such acts take to apply for legalization of the relevant act or use or, where appropriate, restoration to its original state of physical reality altered, depending, respectively, that the works were compatible or not with the urban planning, ie planning. The deadline to initiate this procedure shall be four years from the final completion of the acts, except in certain events such as fragmentation into or any act carried out in specially protected undeveloped land, which may initiate the procedure at any time and without time limit.

2 .- The end of the procedure and replacement of physical reality altered

The completion of the procedure will end with a proposed resolution that will set the deadlines for the replacement of physical reality altered at the expense of the owner. You remember the demolition in two cases:

a) Denial of legalization

b) No application for legalization and not be legalized

The failure of replenishment orders of physical reality altered entail:

a) Up to 12 penalty payments with periodicity of one month in amounts of 10% and minimum value of 600 EU works

b) Implementation subsidiary replacement for the administration, after any of the requirements, in any case, after the twelfth fine

3 .- The non-conforming planning acts carried out under license

The license in any violation serious or very serious planning should be subject to automatic review by the City.

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