{"id":31494,"date":"2020-10-23T14:25:04","date_gmt":"2020-10-23T14:25:04","guid":{"rendered":"https:\/\/www.cbleon-abogados.com\/?p=31494"},"modified":"2020-10-23T14:26:50","modified_gmt":"2020-10-23T14:26:50","slug":"how-to-act-before-a-city-council-order-for-demolition-of-illegal-works","status":"publish","type":"post","link":"https:\/\/cbleon-abogados.com\/en\/how-to-act-before-a-city-council-order-for-demolition-of-illegal-works\/","title":{"rendered":"HOW TO ACT BEFORE A CITY COUNCIL ORDER FOR DEMOLITION OF ILLEGAL WORKS"},"content":{"rendered":"

The threat reflected in the title is certainly not insignificant because the case we want to expose, which is more common than it seems, has its origin in the lack of knowledge, sometimes unjustifiable, that the citizen who wants to build a house has of the legal procedures<\/strong> that this implies in accordance with the urbanistic legality <\/strong>and of the consequence, which is committing urbanistic infractions <\/strong>that entail important sanctions<\/strong>.<\/span><\/p>\n

The reason we write this article is due to a recent inquiry made to this Costa Blanca\/Alicante law office <\/strong>by a Belgian citizen who a few months ago found out that the City Council<\/strong> had issued a resolution long time ago being him unaware of it. This resolution declared illegal some works made by him as a developer at that time to extend his home<\/strong>, penalizing him and requiring him to restore the urban situation<\/strong> of the house to the situation existing before the execution of the works.<\/span><\/p>\n

Those works, which were detailed in the above-mentioned administrative resolution<\/strong>, were contrary to the land regulation<\/strong>, as it was explained in this resolution, so the owner was demanded to apply for a building permit<\/strong> and if he were denied this permit, then he would have to demolish the works<\/strong>.<\/span><\/p>\n

Even though it may be misleading, this doesn\u2019t mean that illegal works<\/strong> can be legalized<\/strong>, no, that can never happen and in fact, this what is indicated in the resolution of the Local Corporation <\/strong>we are talking about, but the owner is allowed to request it so that the City Council <\/strong>can resolve against him and thus the owner won\u2019t be defenseless and, if he wants be able to appeal to the Courts<\/strong>.<\/span><\/p>\n

It is clear that the consideration of the works as violating the urbanistic regulation<\/strong> makes it impossible for the citizen to obtain their legalization since the illegal urban works<\/strong> cannot be legalized.<\/strong> However it does allow the owner of the house to avoid that the City Council<\/strong> acts through de facto procedure by demolishing <\/strong>and then passing him all the costs.<\/span><\/p>\n

This Costa Blanca\/Alicante law office <\/strong>wishes to guide through this article all those interested persons so that they don\u2019t make mistakes and if they do it, we want to help them with this article.<\/span><\/p>\n

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