spanish law - Retrospective planning

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12 Jan 2013 12:10 PM by vanda Star rating. 16 posts Send private message

Hi

 

In the uk there is a law stating that if a building has been built for 4 or 5 years it is with no objections then it can be made legal under retrospective planning   Does anyone know if the sam applies in Spain.





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14 Jan 2013 2:26 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

mariadecastro´s avatar

 Yes. 4 years under Spanish Law



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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14 Jan 2013 4:05 PM by AUAN Star rating. 48 posts Send private message

 In Andalucia it is now 6 years for properties completed after the implementation of Decree 2/2012 of 10th January 2012.

Prior to that date the proscription period was 4 years as the previous poster has stated.

Whether or not the property can be made legal is debatable.

A property is never proscribed from prosecution if located on protected land and unless it can be absorbed unto urban land (at a cost to the landowner/homeowner) is will never be fully legal. 

If it remains on non urban land it may be assimilated to the regimen of fuera de ordenacion (which in laymans terms means illegal in origins but tolerated). This also carries a cost and you my not be able to raise a mortage on the property.

Regards,

 Maura Hillen

President AUAN (www.almanzora-au.org)





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14 Jan 2013 4:07 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

mariadecastro´s avatar

Hello Maura.

Great to see you here and thanks for the info. Please let us know if you need our hand anytime

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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14 Jan 2013 4:09 PM by AUAN Star rating. 48 posts Send private message

 Thanks Maria 





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21 Jan 2013 4:52 PM by vanda Star rating. 16 posts Send private message

Thank you very much for you reply.  It's really helpful.  I have a plot of land with ruins and planning to build a house.  Previous to the property crash I had built a nave mainly for storage. (its well built, insulated etc - about 7 years ago now) due to a number of things I have to put the build on hold but plan to move into the nave.  Didnt want to do this if I would have to knock it down.  Nobody has questioned it so far so might just go ahead and see what happens.

 

Kind regards





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