Cédula de Habitabilidad - Administrative Silence Rule

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09 Apr 2011 00:00 by Newbie Star rating. 28 posts Send private message

In February 2006 we completed the purchase of our new build without the builder producing the LFO.  In June 2006, he applied for the LFO.  In July 2006 we signed a contract with Iberdrola for the supply of electricity and in the following months we we applied for, and were granted, contracts with Repsol, Telefonica and the Water Authority, Aguas de Valencia.  Since then we have upgraded both the electricity, telephone and gas supplies without problem and for five years have been paying the appropriate bills.  In addition, the local Town Hall have been charging IBI and rubbish/recyling tax since the first day of our occupation.  However, the council have not yet issued the LFO to confirm the legality of the houses.  We understand that there is something called the Administrative Silence Rule under which LFOs can be issued but have been unable to find out very much about this.  We live in an urbanisation in a Local Entidad Menor, which means that although we have our own Town Hall for local matters, all planning matters etc. are dealt with by the Main Town Hall.  We have now been advised by our local mayor that we should put in an Instancia to the Main Town Hall stating that by virtue of the fact that we have all of our own services and have been paying IBI etc since day 1, and the fact that at least 5 years has now passed since the construction of the houses, we are entitled to have the LFO granted.

I feel confident enough in Spanish to write such an instancia but being unfamiliar with Spanish law, I am not confident that I have the right to make such a demand for the issue of the missing certificate.   I am wondering whether anyone has found themselves in a similar position and if so, whether the instancia did produce the missing paperwork or this  as just dismissed by the Town Hall as there is no legal obligation for them to accede to the request for issue of the LFO.

Many thanks.





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11 Apr 2011 13:58 by mariadecastro Star rating in Algeciras (Cadiz). 7925 posts Send private message

mariadecastro´s avatar

 Dear Newbie:

we need to see the local regulation on first occupation license of the local council where the house is located. This establishes clear and concrete rules on the value ( positive or negative) of the adminiatrative silence

Best,

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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11 Apr 2011 15:48 by Newbie Star rating. 28 posts Send private message

Hi Maria

Thank you for taking the time to reply.  I have now searched the Alzira town Hall website and have only come across one reference to rules for the granting of licences   http://www.alzira.es/contenidos/InformacionPublica/Ordenanza_Concesion_Licencias/ORDENANZA%20LICENCIAS.pdf .  I have no idea as to whether this is the information you need to be able to give an opinion on whether the Administrative Silence Rule will help us.   It is a lengthy document and I will fully understand if you feel you do not have time to look into this - I posted the question hoping that it would be a simple case of a Yes or  No as to whether we could use rule to force the town hall to issue our LFO.  It didn't occur to me that this law could vary from council to council.

Kind regards.






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11 Apr 2011 16:01 by mariadecastro Star rating in Algeciras (Cadiz). 7925 posts Send private message

mariadecastro´s avatar

Newbie:

Thanks for the document. 

In Alzira, administrative silence is positive after 15 days since application, always provided this is not against local or regional regulations.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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11 Apr 2011 16:47 by Newbie Star rating. 28 posts Send private message

Thank you Maria

Although we have received nothing official or in writing, we became aware last year when various owners were once again chasing up the LFOs that the Town Hall Architect has decided that many of the houses have planning irregularities, some minor, others more substantial.  Is this what you mean by 'against local or regional regulations'?   If the Town Hall are refusing to grant the LFOs because of the infringments, even thought they have not informed any owner what their specific infringements are, does this mean that the administrative silence law is not relevant and we will just have to wait until the council decide what, if anything, they are going to do about the irregularities, however long it may take?  I have read in the past on this and other boards something about a 4-year time limit for notification/action by the Council with regard to planning/building infringements, after which time no fines can be imposed or action taken against an owner. Is this fact or fiction?  At least 5 years has now passed since the last house on the urbanisation was finished. Regards Carol

 





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