I just wanted to inform about the effectiveness of this legal principle in the Spanish legal system and I want to say that the administrative silence is not a remedy for get something unlawful. There is a binding legal time for reply the application for a FLO and use to be three months. If the Town Hall does not reply with a written notification within the time period provided by law , the applicant will automatically obtain the licence, assuming that
1º The correct information was submitted
2º It complies with planning regulations
3º The house has been built as the Building Permission and as the architect project with all the building codes therefore suitable for habitation.
In these situations mentioned of illegal building without licences or something like Elviria Marbella the silence is not admitted.
Who is entitled to apply for a FLO ?
The developer or promoter, the builder, the owner of the land or dwelling, a tenant even the buyer of an off-plan property before the sign of the purchase deeds. If the Hall has its own ordinance about FLO we should check in this ordinance who is entitled to
The main problem is that the Town Hall does not grant a FLO if the urbanization and accessories works has not been completed but the law provides a remedy for this situation. In order to get Building Permission the developer is obliged to warrant the urbanization and accesories works through an endorsement or letter of credit in favor of the Town Hall so it is a duty for each Hall to execute or become effective the guarantee and undertake these works.
Any affected can request the execution and if the Town Hall refuses or does not reply it is possible to bring an action in Court against Town Hall in order to obtain our legitimate claim