URBAN PLANNING AND ADMINISTRATIVE LAWYERS IN GRANADA

Urban planning and administrative lawyers in Granada

Urban permits. Responsible declaration

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Acts subject to responsible declaration or prior communication.

1. The following actions are subject to a responsible declaration, within the framework of what is established in state legislation:

a) Carrying out works of little constructive entity and technical simplicity that do not require a project in accordance with current legislation. The Municipal Ordinances may exempt from responsible declaration those cases in which the actions are not affected by urban planning or building regulations, without prejudice to those cases, in which, in accordance with the applicable sectoral legislation, such works must remain subject to some regime of administrative intervention.

b) Works on existing buildings or facilities that are in accordance with territorial and urban planning or are in a legal situation outside planning, located on urban land not subject to urban transformation actions, provided that they do not alter the parameters of occupation and height, nor do they entail increases in buildable area or in the number of dwellings.

c) Works on existing buildings and facilities that are in accordance with territorial and urban planning or are in a legal situation outside planning, located on rural land and whose purpose is to improve energy efficiency conditions, the integration of renewable energy installations or the reduction of their environmental impact, as long as they do not involve new works or an increase in the built area.

d) The occupation or use of the buildings or facilities covered by a prior license or responsible declaration of works, provided that they are finished and adjusted to these and their destination is in accordance with the applicable regulations.

e) The occupation and use of existing buildings that are in accordance with current regulations or are in a legal situation outside of regulations, located on urban land not subject to urban transformation actions, provided that they have not been the subject of works.

f) Changes of use in buildings, or part of them that are in accordance with territorial and urban planning or are in a legal situation out of planning, located on urban land not subject to urban transformation actions, provided that they do not increase the number of homes and the use to be implemented is within those permitted by said ordinance.

2. Regulations will develop the possibility that the declarations responsible for occupation and use included in section 1 are limited to parts of the buildings executed, establishing the requirements and guarantees for their presentation.

3. The responsible declaration will be attached to the technical project or descriptive and graphic memory of the required and obligatory building depending on the type of building, installation, use and activity when it allows the execution of works, to the final certificate of works when it enables occupation or use. of new works or the descriptive and graphic certificate when enabling the occupation or use of existing buildings.

4. When the actions subject to a responsible declaration require any prior authorization or administrative report for the exercise of the right, in accordance with the applicable sectoral regulations, the presentation of the responsible declaration requires the prior obtaining and provision of said reports or authorizations or, where appropriate, the administrative certificate of silence produced.

5. The responsible declaration authorizes to carry out the intended action from the day of its presentation, provided that it is accompanied by the documentation required in accordance with current legislation, and without prejudice to the powers of verification, control and subsequent inspection that correspond.

6. Any identifying data that must be brought to your attention for the exercise of a right, and in particular the following, will be subject to prior communication to the Administration:

a) Changes in ownership of licenses and declarations of responsibility. The failure to present said communication will imply that the acquirer and transferor will be subject, jointly and severally, to the responsibilities that may arise from the action carried out under said license.

b) The start of the works.

c) The extensions of the term for the start and completion of the works with a valid license or responsible declaration.

7. In accordance with the basic legislation on land, in no case shall faculties against the legislation or the applicable urban planning instrument be understood to have been acquired by responsible declaration or prior communication. The actions subject to responsible declaration that are carried out without having been presented, when it is mandatory, or that exceed what is declared, will be considered as actions without a license for all purposes, and the same regime of protection of legality and sanctions will be applied to them. that to the works and uses without license.