The Agency for the Protection of the Urban and Natural Environment (Apmun) has ordered the demolition of a house located in Los Lajares, in the municipality of Haría, and has imposed a fine of 96,700 euros on its promoter for committing a "very serious" administrative infraction. The first resolution is from January 2011, but the Official Gazette of the Canary Islands (BOC) publishes this Thursday the confirmation of this decision, after the appeal filed by the promoter, D.R.Z., has been dismissed.
The construction to be demolished is a semi-buried detached house with one floor of 93 square meters, two storage rooms of 1.5 and two square meters respectively. It is built on land classified and categorized as rustic for environmental protection. In addition, according to the BOC, it was built "without the mandatory legitimizing titles necessary for its execution", such as the territorial qualification and the building permit.
Therefore, in 2011, Apmun ordered the restoration of the disturbed legal order, "through the demolition and replacement of things to the state prior to the commission of the actions." Thus, the defendant was required to submit "a restoration project" within one month, warning that if he did not do so, Apmun would execute it "subsidiarily at the expense of the offender." On the contrary, if those responsible offered "their full collaboration" in the execution of the order, the cost of demolition would have a 50 percent bonus.
This Thursday, the BOC publishes that the appeal filed by the promoter has been dismissed, with which the administrative route has been exhausted. The promoter can still file a contentious-administrative appeal with the Superior Court of Justice of the Canary Islands (TSJC) within two months.
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