ADMINISTRATIVE SILENCE RULE

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This topic contains 6 replies, has 4 voices, and was last updated by Profile photo of Anonymous Anonymous 9 years ago.

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  • #53456
    Profile photo of lifeinspain
    lifeinspain
    Participant

    Hi there all,

    can anyone tell me exactly what this is? when it came about? As our paperwork is full of it. Also I believe it has been outlawed, if so when? Thing is what do we do now as we do not trust our solicitor (have changed) but still do not ‘trust’ and we believe we have an illegal house on rustic land as we have no LFO and no bills for water or electricity and also there is no mains sewage it is a private pozo in a neighbours garden!We do not have catastral numbers, one escritura (the publica one) is missing and if this all isnt bad enough there is no Nota Simple. I could go on and on but it is so depressing and frustrating.

    Had enough of all this s*** now……………… :0(

    Thanks for reading.

    Hope someone can shed some light here feel like I am wandering around in the dark here 🙄

  • #76113
    Profile photo of Anonymous
    Anonymous
    Participant

    The ASR is Null & Void on Illegal Builds.

    Think the advice Maria de Castro gave you last year is the best:

    Unemployment rises 81% in Murcia thanks to construction sector woes

  • #76124
    Profile photo of Inez
    Inez
    Participant

    Hi Lifein Spain – I will try to answer all your queries as best I can

    1. Adminidtrative silence was originally bought is due to the delays in granting the last licence as it went through the town hall. If a developer having finished the build put in for the license, law was bought in to state if the town hall hadnt been by to inspect and pass, then the LFO would be given so as not to hold up the developer getting his money from buyers. All sensible, but open to abuse by the same town halls who told developers to go ahead an build, and who ‘gave’ licenses when land wasnt designated etc etc etc on the basis that as would see them through – the town hall just never went there and by the fact of no visit within the designated time meant the license was granted. This has now been outlawed, but where the license is legal, is on the current or old/existing PGOU, then as still works and is fully legal. Your lawyer would be able to tell you by visiting the town hall and making enwuiries about your property as to its original legality and if the plans were rubber stamped and approved correctly.

    2. The nota simple is a short sheet of charges which is taken from the escritura itslef. In order to get this there are bits of information from the escritura such as the name of the registry, the finca number and a couple of other numbers which identify the property. Its the same as a search on a UK property and shows the owners name and if there are any legal charges, mortgages etc on the property. If there is no escritura, then there will be no nota simple, but the notary will have a copy of the escritura so with the address and owners name and id numbers you can get this, certainly your lawyer can.

    3. It sounds iffy the sewerage is via the neighbours land, but this may have been a house built with this in the plans and until you know for sure its illegal you can really make that assumption

    4. Houses are built on rustivca land perfectly legally – they tens to be of smaller build than in urbanized land, but that doesnt make them illegal and many get extended without advising the authorities.

    5. The lack of catastral numbers does sound the most worrying, but then again many fincas are totally independant and as rustic, do not pay anything on them, but equally have no services from the town hall. the water may be from a well which could belong to the property for example, but the lack of bills for electricity sounds also iffy

    If you are not comfortable with your current lawyer then go to another and get answers – it shouldnt take them more than a week to find out if they go to the right places

    Good luck

  • #76139
    Profile photo of lifeinspain
    lifeinspain
    Participant

    Thank you for the replies. It makes it clearer. But the problem I have, is this – when do you KNOW the AS rules doesnt apply? How do you tell?

    Many thanks

    soooo confused over this one…………sorry

  • #76143
    Profile photo of Inez
    Inez
    Participant

    As rule of thumb, the AS will not apply at all if the licenses themselves are illegal – you can find out if a development is legal from the town hall and if the project was on the last official PGOU.

    I would think (and my opinion only as logic) if a project is fully legal but there is over build, or a drastic change to the layout, then again AS would not apply, so if a peice of land has permission for 10 town houses, 200sqm build with garden, and a community pool, but builder decided to change these into 20 apartments, then AS would not apply as what was granted was not actually built! This ha happened on developments where 10 houses has permission and the builder slips another one or two in in the hope no one will notice! The others will get their lfo, but the last 2 wont and usually he will sell them to a spaniard who wont care and through time the lfo will come retrospectively!

  • #76145
    Profile photo of Anonymous
    Anonymous
    Participant

    Hello lifeinspain,

    Have a look at the AUAN website. Many of their members are in a similar situation to you in the Albox area, & they may be able to offer you some additional info/advice/support. They are extremely helpful & approachable.

    http://www.almanzora-au.org/AUAN_Webpage_Home.htm

  • #76154
    Profile photo of Anonymous
    Anonymous
    Participant

    @lifeinspain wrote:

    Thank you for the replies. It makes it clearer. But the problem I have, is this – when do you KNOW the AS rules doesnt apply? How do you tell?

    Many thanks

    soooo confused over this one…………sorry

    Leave that to lawyers please. There is no general rule because there are plenty of shades of grey and that’s where lawyers come in and they all have their own opinions and interests. Things may be argued either way really.

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