Does planning permission expire

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10 Feb 2018 10:23 by vanda Star rating. 14 posts Send private message

permission to build a house granted 12 years ago.   Architect plans etc. Submitted and all done legally at cost of around 9000 euros.   Due to circumstances never got round to actual build.  2 questions please.   Do permissions to build run out    Also built nave on plot around 8-9 years ago.  Architect said ok to do so although as far as I can see never got licence.  Nave has water and electric connected.  Read on another post if building not complained about for a number of years will be ok.   Don’t know how true this is.  Granada area. Many thanks





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10 Feb 2018 12:36 by windtalker Star rating. 1378 posts Send private message

It will state ..when the planning permission expires on the building license that was issued by the town hall ...if you do not have a building licence then you clearly do not have permission to build anything on the land ..that includes the nave ( shed) that you say you have already built.





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10 Feb 2018 13:20 by acer Star rating. 1159 posts Send private message

Vanda, one of the the laws on Habitation Certificates changed in July 2011.  Previously there was the "Negative Silence Rule"  whereby if the local Town Hall had all the necessary paperwork yet failed to issue the Hab Cert within 4 or 6 months (I forget which) then permission was automatically deemed to have been issued etc.  But sadly this was reversed.  This may be what was suggested on the other site you mention.

Now I believe that the local authority has 4 years from completion to react to what they believe is an illegal building.  But I cannot say this with any authority as it seems to be a matter of interpretation, or what they had for lunch that day.  Others will know more hopefully.





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10 Feb 2018 14:07 by vanda Star rating. 14 posts Send private message

Thank you for taking time to reply.    





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11 Feb 2018 14:49 by mariadecastro Star rating in Algeciras (Cadiz). 9002 posts Send private message

Legal Questions? Speak to Maria Direct

House: In Andalucía, Work licenses are granted for a determined period. If not exppressly set in the License, Law establishes that they need to be started within one year and finished within 3 years.

Nave: What type of land was the nave built on?

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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11 Feb 2018 15:35 by vanda Star rating. 14 posts Send private message

Thank you Maria.   It’s rural land has ruins electricity and well water with olive almond figs etc.   About 3 acres.  10 minutes  outside town  there are a number of neighbouring houses and naves dotted around.   Like I mentioned cost around 9000 for architect, permissions etc.  





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12 Feb 2018 13:33 by mariadecastro Star rating in Algeciras (Cadiz). 9002 posts Send private message

Legal Questions? Speak to Maria Direct

Vanda:

It depends on if a license is possible now or if despite not being possible, the classification as " Asimilado a Fuera de Ordenación" is possible

M



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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12 Feb 2018 23:24 by vanda Star rating. 14 posts Send private message

Thank you Maria.   Think I will just attempt to sell land same as I bought it, without planning and see what happens.  Change of Circumstances mean won’t be building a house for myself.





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