The demolition of edifications in way of execution of sentence

Abstract

Urban licenses, as any other administrative act, just you can revise within terms that mark articles 102 and 103 of the Law 30/1992, this is, four years if it is a question of rescindable proceedings, previous statement of damaging and later resource confrontational, and without time limit one if the license is null fully-fledged. The cancellation of the license, whether it is in way of resource or as a result of the review by trade, determines the patrimonial responsibility of the Administration. In the event that the work has been made without the intervention of the Administration or without conforming to conditions of the license, will be sanctioned alleged infringers, and the necessary actions to try will be adopted to legalise the work. If this legalisation was not possible because it damages totally the urban legislation, the illegal work should be demolished, not being time limit one for this; the term to restore the urban legality in the rest of suppositions is according to the limitation period of the corresponding offence, provided that the beginning of proportionality or the legal certainty is not damaged. The execution of the steady Sentences of the Courts of the administrative order that order to demolish an edification are contested in incidental way, claiming the recurring ones the material impossibility or legal of its execution, although the High Court has declared illegal modifications of the planning directed to impede the execution of the steady sentences. The responsibility of the demolition of an illegal work should fall on the promoter and in the other agents of the edification. The third parties buyers in good faith, in fact, are uncared-for, since the High Court considers no are protected by the article 34 of the mortgage Law because the aforementioned precept protects the crown royalty, that it remains although then is cancelled or it solves that one of the conferring or selling. The work finishes with the report Auken of 26 March 2009, in which is described in a frank way the reality of the town planning in our country and they set out to a series of measures to correct abuses of the Public administration, recommending to the affected ones that they attend in the Court of Strasbourg, in defence of its tights.