‘Administrative Silence’ rule overruled?

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This topic contains 4 replies, has 4 voices, and was last updated by Profile photo of Anonymous Anonymous 10 years, 9 months ago.

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  • #51627
    Profile photo of Anonymous
    Anonymous
    Participant

    Can any of the ‘Legal Eagles’ out there help with this one.

    What is the current situation in Andalucia (and specifically Marbella) with regards to the Administrative Silence legal rule?

    The rule was supposed to mean ‘positive’ Administative Silence when an LFO is requested and you did not hear from the authorities for 3 months.

    Is this still the case, or has this rule been abandoned?
    Someone has just told us they have heard that the Junta de Andalucia has just overruled this.

  • #61211
    Profile photo of katy
    katy
    Spectator

    Yes, the junta de andalucia have overuled this, thats why some licences were recently revoked.

  • #61212
    Profile photo of Anonymous
    Anonymous
    Participant

    The rule was supposed to mean ‘positive’ Administrative Silence when an LFO is requested and you did not hear from the authorities for 3 months.

    I am presuming this means:If the LFO is applied for and the applicant hears nothing for 3 months, then it would mean that they automatically get the license granted.(by default)

    Katy are you saying that this specific situation has been overruled by the Junta De Andalucia and no longer applies?

    😕

  • #61217
    Profile photo of Anonymous
    Anonymous
    Participant

    The 3 month Administrative silence rule has one clearly specified exception in Spanish Law (All Spain not only Andalucia): It cannot support an illegal situation…. so If you had the right to have your LFO as your house was built observing planning regulations and those planning regulations do observe the regional land law.. then you would get your LFO in 3 months if the local authorities do not answer you…

    But if you are asking for something illegal (imagine you ask for permission to build a house in a public park) or the local planning regulations are illegal: Marbella? Cabo de Gata?… you wont get your license as this rule cannot give you something that is forbidden… is just a rule made to soften bureaucracy not to overrule the law

  • #61219
    Profile photo of Anonymous
    Anonymous
    Participant

    Thank You Cesar!

    It is quite obvious a certain lawyer of G**** H***s does not know his a*** from his elbow…but most likely is telling yet another“WHOPPER” to suit the developers cause. 😈

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