The Yaiza City Council has notified this Monday four sanctioning files for works without a license in the municipality. In two of the cases, the City Council is already ordering the demolition of what was built without permission. In the others, it demands that the works be stopped as a precaution, while informing of the opening of the sanctioning file.
One of the files was initiated last May, when the Local Police issued a report on some works that were being carried out in the town of Las Breñas, on Los Roques street. The defendant, José María R. B., was carrying out "reforms consisting of the construction of stone walls", according to the agents, without being "protected by an enabling title".
After the file was initiated, the interested party was required to request the appropriate municipal license within two months, to try to legalize the works if possible. However, after that period had elapsed without doing so, the City Council concludes that "the necessary conditions exist to proceed to adopt the measure of restoring the altered physical reality." Therefore, it orders the demolition of the walls, giving him a new period of two months to do so. In addition, it warns that failure to comply with this order will give rise to a new file to impose the corresponding sanction or fine, although the affected party still has the possibility of appealing, both before the City Council and in the courts.
Another demolition order in Playa Blanca
This demolition order is added to another in Playa Blanca, for the extension of a house on Caleta de Sebo street without a license. The complaint against Glenn. D. was filed in June 2015, when a file for the protection of urban planning legality was opened. At that time, the interested party was required to apply for a license within two months, but he did not do so.
Thus, last May the decree ordering the demolition of the construction was already issued. However, despite the fact that the order was notified on June 1, the City Council points out that "the order has not been complied with." For this reason, it has initiated a new sanctioning file. According to the City Council, the fault could be classified as very serious, which would imply a fine of between 1,001 and 10,000 euros.
Renovations in a business without permission
The third file refers to a business on Limones street, where "renovations were being carried out with modification of the facade without the mandatory municipal license." This was warned by a technical report prepared last September, which has led to a resolution against the Jurídico Laboral consultancy, S. y R. S.L., as the owner of the works.
In the resolution, the "immediate suspension of the acts of construction or use of the indicated land, which have been executed without the mandatory municipal license, with an express requirement to the owner of the works and other responsible parties, to proceed with the immediate suspension thereof" is ordered as a precautionary measure. In addition, in the event of non-compliance with the stoppage order, the sealing and removal of the machinery is ordered. The City Council warns that this could also lead to the imposition of up to ten coercive fines imposed for periods of 10 days and an amount, on each occasion, of five percent of the cost of the works." This possible non-compliance would also be reported to the Public Prosecutor's Office, "for the purposes of demanding the criminal liability that may be appropriate."
At the same time, the City Council urges the promoters to apply for the appropriate license, to legalize the works in case it is possible to grant the permit. If it is not, it warns that "the demolition and restoration of what has been illegally modified, or the definitive cessation of use, in whole or in the relevant part, if the works or uses were totally or partially incompatible with the regulations" will be ordered. In addition, the City Council orders that the resolution be reported to the electricity, water and telephone companies, so that they do not grant supply to the work.
Works without a license in a home
Finally, the City Council has also opened a file to Kamal Deepu. K. K. for carrying out "masonry works (new partitions), plumbing and changing the entire electricity installation, as well as installing air conditioning" in a house on La Tosca street in Playa Blanca, "without complying with the license requested on March 10, 2016."
As a precautionary measure, the City Council also orders in this case the suspension of the works, warning with the imposition of up to 10 coercive fines if the works are not stopped. In addition, the non-compliance would also be reported to the Public Prosecutor's Office, and the works would be sealed and the machinery removed.
At the same time, the promoter must try to obtain a license in accordance with the works that he has actually been carrying out. And in case it cannot be granted, the demolition would also be ordered.
