The new Valencian planning statute and the licence of occupation

In previous articles we have had the opportunity to mention some of the innovations introduced by the latest legislation introduced by the so called "Statute on Organization, Planning and the Countryside" that came into force in the Valencian Community last 20th August 2014. The said act of legislation aims to simply the regulation of planning matters as, until recently, the mass of legislation in force in the field of planning matters and, in some cases, its contradictory nature made matters extremely complicated. At this moment in time it is difficult to say if the planning statute will achieve its aims but it has taken into account various EU directives on environmental matters amongst others.

With regard to the applications for administrative licences, article 215 of the new legislation basically establishes that a licence is necessary for all types of building work and the authorization of the use of land with very few exceptions. However, there is an important change with regard to what is called "silencio administrativo" (that is the absence of a written response to an application for a licence within the prescribed time limit) which now, in most cases, has a negative effect (i.e. if no response is received with regard to the application within the corresponding time limit, it is understood that the application has been turned down). The only exceptions to this general rule are the following:

modifications or refurbishments that affect the structure of buildings whatever their use.

modifications to the use made of a building.

the erecting of walls in accordance with the terms and conditions established in the local bye-laws.

the carrying out of underground works.

As such, one must file an application for the work referred to above, but if no response is received within the corresponding time limit, it is understood that permission has been granted.

One of the other important changes that have been introduced is with regard to the application for the licence of occupation for a property, whether this be the application for an initial (first) licence of occupation or its subsequent renewal. These applications can now be made by virtue of a simplified procedure known as a statement of responsibility by which the applicant provides the corresponding legal paperwork required and states that all the necessary conditions have been fulfilled. In accordance with article 222.4 of the new legislation "the filing of the statement responsibility made in accordance with the terms established in this article will produce the same effects that the applicable regulations attribute to the granting of a municipal licence and these can be asserted before any other third party, whether a public or private individual or entity."

As well as for the applications for a licence of occupation, the following applications are also subject to the procedure of a statement of responsibility:

The installation of electricity or telephone lines or others of a similar nature and the installation of antennas or communication devices of any type and the repair of underground lines in urban land and as long as the public domain is not affected.

Modifications or refurbishments that affect the structure or external appearance of buildings, whatever their use, as long as these do not entail an extension.

Mere refurbishment work that does not imply the structural alteration of the building and as long as this does affect listed buildings as well as maintenance work on buildings that does not require the erection of scaffolding on a public road.

The procedure known as a statement of responsibility would seem to be an important innovation as one can now present the application and once the application, containing the statement of responsibility, has been made the same effects as a licence are produced. The problem may arise if the Town Hall checks the background to the application and detects an irregularity or if one knowingly makes a false statement of responsibility in an attempt to obtain the effects that the filing of the statement entails. An example of this would be in the sale of property and in the case that a vendor obtains a licence of occupation by virtue of a statement of responsibility and after the sale of the property the Town Hall detects an irregularity which would obviously have to be amended by the new owner.