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Simplification of the First Occupation License application process

04.10.2022 | News

It is known to most of the legal operators and people who are dedicated to the real estate sector in Andalusia, the delay that the granting of a First Occupation License (hereinafter LPO) entailed. This was due to the fact that the processing for the granting of this type of licence, which is the responsibility of the city councils, entails a series of administrative procedures that made its granting take a long time. In some cases, the granting of the LPOs took about 6 months and could even take 1 year.

And we speak in the past tense because, in order to simplify this procedure, Decree-Law 2/2020, of March 9, to improve and simplify the regulation for the promotion of productive activity in Andalusia (BOJA extraordinary nº 4 of 03/12/2020).

This measure affects not only new buildings and works carried out on existing homes, but also homes that, completed a long time ago, do not have LPO, which was not necessary in those days to, for example, register the water and electricity supplies in those homes that, at that time, were newly built. This will undoubtedly facilitate and speed up existing home transfers, as well as obtaining bank financing to set up a mortgage.

Among the novelties regulated by this Decree-Law (hereinafter, DL), we will focus on what concerns the granting of LPOs.

In its explanatory statement, this new rule justifies the measure as follows: “The purpose of administrative control in this case is to verify that the work carried out complies with the license granted, which is guaranteed with the final certification of work that must be issued by the facultative management, and with the subsequent control of the administration.

A reduction in the delivery time of a finished work in six months, due to the application of this measure, represents a saving in the residential sector of 1,500 euros per home and month, which extrapolated to the data for new homes for the year 2019 represents a saving of 170 million euros for the sector as a whole in our Community. The same assessment could be made in relation to the economic cost of each month of delay in the opening of a commercial establishment, or any other linked to the productive sector.”

The foregoing will entail that the interested party make a responsible declaration of first occupation, which is nothing more than the act by which the suitability of the building is recognized and protected for its use and occupation. In the case of homes, it certifies that it complies with habitability regulations and is suitable for residential use.

For this, the interested party must provide all the necessary technical documentation to the corresponding City Council, documentation that must be adapted to the work carried out and the project for which the building permit was granted, in new constructions and in existing ones on which that expansion, reform or rehabilitation works have been carried out that alter its architectural or structural configuration.

At the time of presenting the Responsible Declaration, duly filled out before the corresponding Town Hall, said Declaration has the same validity as the LPO, for the purposes of granting public deeds of sale or declarations of new works for subsequent registration in the Registry. of the property.

As is logical, the administrative control in this type of act happens to be carried out a posteriori, applying the basic regime of the common administrative procedure, the sanctioning regime in force in terms of urban planning and that corresponding to the rest of the sectoral legislation depending on the interest affected by the infringement, in such a way that this mechanism does not impair the guarantees in the provision of the public service, nor the obligations of compliance with the applicable regulations.

The DL that we are analyzing now, comes to modify a series of articles of Law 7/2002, of December 17, of Urban Planning of Andalusia (hereinafter, LOUA) to adapt the latter to the new reality regarding the granting of the LPO.

The modifications that are introduced in the LOUA, in relation to the LPO, are:

  1. Section 3 of article 169 of the LOUA is modified to add the following: “Nor do those acts that are subject to the responsible declaration or communication according to the provisions of article 169 bis require a license.”
  2. A new article is introduced, 169 bis of the LOUA, which establishes that urban actions consisting of:

(…)

  1. b) Works on existing buildings and facilities, on consolidated urban land and in accordance with urban planning, that do not alter the occupation and height parameters , nor do they entail increases in the buildable area or the number of homes.
  1. c) The occupation or use of the works of the previous section, provided that the buildings and facilities are finished and their destination is in accordance with the applicable regulations.
  2. d) The first occupation and use of new buildings, provided they are finished and their destination is in accordance with the applicable regulations and with the granted building permit.

As is the case with the responsible declarations that are already regulated by the municipal ordinances of the Town Halls, especially for the granting of licenses for minor works, the responsible declaration of first occupation is subject to some requirements, depending on the case, which are (art. 169.bis LOUA)

  • When the actions described above require any authorization or prior administrative report for the exercise of the right in accordance with the applicable sectoral regulations, the responsible declaration may not be presented without it being accompanied by the same or, where appropriate, by the administrative certificate of the produced silence.
  • The responsible declaration authorizes to carry out the urban action intended in the application from the day of its presentation, provided that it is accompanied by the documentation required in each case, and without prejudice to the powers of verification, control and subsequent inspection as appropriate.
  • The responsible declaration authorizes to carry out the urban action intended in the application from the day of its presentation, provided that it is accompanied by the documentation required in each case, and without prejudice to the powers of verification, control and subsequent inspection as appropriate.
  1. The inaccuracy, falsehood or omission of an essential nature in any data, statement or document that is attached to or incorporated into the responsible statement.
  2. The non-presentation, before the competent Administration of the responsible declaration, of the required documentation, where appropriate, to prove compliance with what has been declared.
  3. Failure to comply with the requirements imposed by the applicable regulations.
  4. Failure to meet the necessary requirements for the intended use. In this case, if the Administration does not adopt the necessary measures to stop the act or use within six months, it will be responsible for the damages that may be caused to third parties in good faith due to the omission of such measures, in accordance with the basic land legislation.

Finally, the Tenth Transitory Provision of the DL establishes that the procedure for submitting the request for a declaration of responsibility for first occupancymay be applicable, at the request of the interested party, to those procedures for granting urban planning permits that were in process.

The documentation that must be accompanied along with the request for a responsible declaration would be, where appropriate, the following (without prejudice to any other documentation that is required by the competent authority):

  • Application form.
  • Photocopy of the applicant’s or legal representative’s ID, if applicable (as well as authorization or power of attorney of the legal representative)
  • Proof of payment of taxes according to the Tax Ordinance.
  • Documentation accrediting the property.
  • Communication to the Cadastre (Model 900D)
  • Documents issued by the supply companies accrediting having paid the rights of the general connection and being in a position to contract the supply.
  • Accreditation certificate, where appropriate, of the acoustic insulation of the elements that constitute façade enclosures and party walls.
  • Copy of the municipal works license and start authorization.
  • Act of reception of the works.
  • Final certificate of work signed by the Facultative Management and endorsed by the respective professional associations.
  • In case of simultaneous construction and urbanization, final certificate of urbanization works.
  • Color photographs of the finished work.
  • Certificate of Energy Efficiency of the Finished Building and registration document.
  • Building book, on computer support, and duly signed by the promoter or, failing that, duly authenticated by him in a public deed.
  • Certificate of antiquity of the home issued by a competent technician, in the case of old homes that do not have the LPO.

In case you need legal advice from our team of specialized professionals, we will be happy to assist you.


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