20 April 2020

Statement of responsability for first occupation and use of a new building.

Decree-Law 2/2020 of 9 March, for the improvement and simplification of regulations to promote the activity and productivity in Andalusia, enacted and published in the Official Gazette of Andalusia on 12 March 2020

Introduction.- A message of hope for the future to come.-

 

We are all being affected by a severe health crisis that has enforced a lockdown. But this shouldn’t mean isolation. In other words, the communication among ourselves has become an essential tool to bond and fight against COVID-19, an invisible threat that for sure will be defeated.

 

For this reason, we must look ahead and think about the future to come. We are convinced that we are already stepping towards the simplification of the complex administration procedure in the areas linked to the land planning and urban law.

 

Proof of this is the Decree-Law (D/L) 2/2020 published in the Official Gazette of Andalusia on 12 March 2020, coming into force the following day, and being endorsed by the Standing Committee of the Andalusian Parliament on 2 April 2020.

 

What is the relevance of the DL 2/2020?

 

We give a positive assessment, as it represents a simplification of various administrative procedures in the area of urban law.

 

Simplification of the administrative procedures.

 

Plenty of acts have been modified as a consequence of the DL 2/2020 with the aim to improve the regulation and eliminate obstacles. Changes have been introduced in the Law 7/2002 (LOUA), along with other modifications in the Law 1/94 (LOTA) and Law 7/2007 (GICA), all of them with the aim to simplify the issuing of relevant reports in the different stages of the procedures of urbanism and land planning.

 

It is worth mentioning the new regulation regarding the Actions of Public Interest, also called “Urbanism of Project”, as an essential complement of the general urban and land planning.

 

Our analysis will be focused exclusively on the substitution of the urban licence for a statement of responsibility in the urban acts regarding the first occupation and the use of new buildings, as it represents the simplification of an administrative procedure.

 

Relevance of the urban activity, regarding the first occupation and use of new buildings.

 

The estimated time for an urban licence of first occupation to be granted is from three months to one year, depending on the magnitude of the project, as well as the Town Hall.

 

The substitution of the urban licence for the statement of responsibility made by the holder of the granted building licence (hereinafter the promoter) before the Town Hall, will definitely represent a big time-saver. This is the reason why we will be focussing exclusively in the analysis of this modification.

 

From the moment of its submission before the Town Hall, the statement of responsibility made by the promoter of the new building, will allow him or her to take the following actions:

 

–          To occupy and use the new building for its declared purpose, as long as this was built in accordance with the stipulations of the local building licence (art. 7.d] Decree 60/2010).

–          To contract with supply companies, individually and permanently, the urban services for the new building (art. 26.2 Decree 60/2010).

–          To grant before Notary Public deed of new building, in order to registry it at the Land Registry Office (art. 27.1.a) Decree 60/2010).

 

Conclusions

What relevance can the substitution of the urban license for the statement of responsibility have?

At present, as the society is focused on the COVID-19 health crisis, the simplification and streamlining of some urban activities might have gone unnoticed.

In future, it shows us the way. In other words, simplification of the complex regulations of urbanism and land planning.

Therefore, as mere sample, we regard this measure as positive for the future, finishing with the same motto as the beginning: with hope for the future to come

 

Marbella, 20 April 2020

Written by

Ignacio

Pérez de Vargas López

[email protected]

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