Property with planning permission expired (half built) .

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16 Aug 2022 4:44 PM by Muata Star rating. 1 posts Send private message

Hi !

I was offered to buy a property , land + partially built house. It is in IBIZA , Santa Eulaliz del Riu

2006 - planning permission granted for a house to be built , with constraction period of 18 months . 
Construction starts . The owner passed away . The project stops . 

2015- the property purchased by another owner .

 He believes he can complete existing project . He said he filed for a modification to authorities and has been denied . 
He files for an appeal , saying that the planning permission never been annulled .  "Solo argumentan que ha caducado porque ha expirado el plazo de construcción y para que una licencia caduque se tiene que iniciar un expediente de caducidad y no es el caso"   .  ("They only argue that it has expired because the construction term has expired and for a license to expire an expiration file has to be started and that is not the case.") . This is his quotes . 

2022 - he is selling the property now . The response about current appeal is expected only in 18-24 months . And if denied , there is a next step - to appeal to central government. 

I don't mind waiting 2 years . But I would like to understand what is the general rule on expiration of constraction period ?  The building is there , what was started (full first floor is built and partially second) - it is built within constraction period allowed legally . 
so the project was not completed , what is the point in denials to complete ORIGINAL not modified project?  How do authorities view such dwellings? Is it something they want to have demolished now ? 


what are my chances to actually have an approval to complete an original project that had planning permission and was not finished on time, but half-built now ? 



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16 Aug 2022 6:01 PM by Kavanagh Star rating in Oil Drum Lane Newcas.... 1289 posts Send private message

Kavanagh´s avatar

Nothing is predictable in Spain. Why get involved?crying

There is enough in the world for everyone, but not enough for the greedy!

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