September 8, 2005 at 9:46 am #51241
I own a house which was purchased 2 years ago. There is a conservatory at the back of the house which is not legal and does not appear in the deeds. My solicitor told me at the time that after 4 years it would be legal. However I have also since heard that the Town Hall can’t ask you to take it down but that they can fine you on a regular basis and not just a one off fine. Does anyone know if this is true and is there any way of legalising it, paying a one off fine and then have it added to the house deeds in case of a future sale.
September 8, 2005 at 10:02 pm #58785
That is true if the town council start administrative proceedings against it before the illegal building becames older than four years. So if you purchased the house two years ago, you should know in fact when whas it builded. After that period, no fine can be imposed.
THE FIFTH TRANSITORY DISPOSITION, first paragraph, contained in the Land Law Consolidation Act of 1992 (TRLS), established: “EXISTING BUILDINGS. – THE EXISTING BUILDINGS at the coming into effect of the Law 8/1990, of July 25, PLACED IN URBAN LAND OR DEVELOPMENT LAND, executed in conformity with the applicable town-planning, or regard from which does not proceed anymore to dictate measures to restore the town-planning legality that imply its demolition, WILL BE UNDERSTOOD INCORPORATED INTO THE PATRIMONY OF HIS HOLDER ”.
“incorporated to the patrimony –understood as assets- of his holder” means to have fulfilled all the town-planning duties, or the legal presumption of having fulfilled them.
This legal rule neither distinguish if the consolidated buildings have been constructed under town·planning license (planning permit) or without it, nor distinguishes if the built·up surface is more than allowed by the planning or not.
And it does not distinguish, so, in any case, the course of four years, on having determined the prescription, if existed, of the town-planning infraction, it is a definitive limit against any administrative action, and this includes the impossibility to impose any kind of fine. As a result, the Local Planning Authority is not empowered to affect the consolidated rights of the homeowners.
I hope this helps.
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