What responsibility can be an architect to sign a final completion certificate that does not conform to the project proposed and obtained license?
Here is a home away from project management to over 2 floors and finally to rehabilitate collapsed and has been building a basement and an attic. If lid and let it idle for 4 years (Cantabria), can the architect certified and 4 years legalize?
Pere-Joan Torrent Riberto. Advocate
Certificate of Completion must be true and this requires that the work is appropriate to the project which received planning permission. And if the work were introduced variations on the original project, will be called for a new license for the changes. But the final certificate of work should reflect the work. Otherwise, we could be facing a false document, conduct constituting an offense under the Penal Code.
The second question we must distinguish the following. Over the 4 years from the completion of the work, allegedly illegal, what happens is to be prescribed by the City Council action to restore the law infringed. That is, one may order the demolition of illegal works. Planning regulations of the Autonomous Communities typically set this time in 4 years, although some (eg Catalonia) as set out in 6 years. However, the fact that after 4 years completion of works and can not order the shooting down of some illegal works, does not mean that they are legalized. This will depend on what is determined in the planning regulations of Cantabria, which do not know. Failure to demolish some illegal works does not mean an automatic legalization of same. The effects may be different depending on the rules that determine urban and municipal planning on buildings outside management. And even there may be distinctions between the buildings were later variation management for planning or building with its clear illegality.
Here is a home away from project management to over 2 floors and finally to rehabilitate collapsed and has been building a basement and an attic. If lid and let it idle for 4 years (Cantabria), can the architect certified and 4 years legalize?
Pere-Joan Torrent Riberto. Advocate
Certificate of Completion must be true and this requires that the work is appropriate to the project which received planning permission. And if the work were introduced variations on the original project, will be called for a new license for the changes. But the final certificate of work should reflect the work. Otherwise, we could be facing a false document, conduct constituting an offense under the Penal Code.
The second question we must distinguish the following. Over the 4 years from the completion of the work, allegedly illegal, what happens is to be prescribed by the City Council action to restore the law infringed. That is, one may order the demolition of illegal works. Planning regulations of the Autonomous Communities typically set this time in 4 years, although some (eg Catalonia) as set out in 6 years. However, the fact that after 4 years completion of works and can not order the shooting down of some illegal works, does not mean that they are legalized. This will depend on what is determined in the planning regulations of Cantabria, which do not know. Failure to demolish some illegal works does not mean an automatic legalization of same. The effects may be different depending on the rules that determine urban and municipal planning on buildings outside management. And even there may be distinctions between the buildings were later variation management for planning or building with its clear illegality.
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