L a w y e r

Sanctions of variable amount.

The sanctions to impose for execution of works or facilities without permit or order of execution are variable.

The execution of works, facilities or demolitions without permit (or order of execution) when they can be legalised with the rules of the current  town-planning in the moment of its execution, will be sanctioned with a fine from  2% up  to  6%  of the value of the executed work or installation. The sanction cannot be lower than 300 euros.

When they can not be legalised, the sanction is imposed as follows:

a)      Sanction from 80% up to 120%t of the value of the illegal executed work, whenever the infringement was not considered to be like very grave, to whom executes works of building that do not correspond with the use of the land authorised by the Planning, or that exceed the authorized occupation of the plot, or the height, the surface  or volume of the building, or official setting back of the building (distance to the border of the plot). The minimal  sanction  is  600 euros.

b)      Sanction from 25% up  to 50% of the value of the building, or building premises, who modify their authorised use. The amount of the sanction will not be lower than 600 euros.

Sanctions about Planning management infringements.

The works of urban development or implementation of services without the corresponding planning permit executed in non building land (also in urbanisable land without approved PAI), are sanctioned with fine from  80% up to 120% of their value. The minimal amount of these sanctions is, in any case, 600 euros.

In urban land and development land with approved PAI, the sanction will be from 50% up to 100% of the value of the work executed without planning permit or without fitting to the conditions imposed in the permit, unless these works can be legalised, in whose case the sanction will be 5% of the value of the executed work. The imposed sanction cannot be lower than 600 euros.

The breach of the legal obligations or commitments assumed by means of town-planning agreement (convenio urbanístico) for the execution of the planning, is sanctioned with fine from 600 up to 6.000 euros.

The owners who do not carry the periodic examination of constructions, being forced legally to it, are sanctioned with fine from 600 up to 6.000 euros. 

Sanctions of  the division of plots infringements

 Those who execute illegal divisions in urban land are sanctioned with fine from 10% up to 15% of the value of the involved plots. The same sanction is imposed whom  execute illegal division of plots in  Urbanisable Land (unless they are  a consequence of the execution of the corresponding planning instrument). In any case the amount of the sanction will not be lower than 600 euros.

Disqualification to assume the Developer's condition, during

 a period not superior to four years.

The disqualification to assume the Developer's condition, in a time not superior to four years, is imposed (additionally to the economic sanction that in each case corresponds), to the Developer who breaches the commitments assumed with the Town Council or with the owners. The administrative decision in which the sanction  is imposed, once beyond appeal and definitive, must be inserted in the DOGV and will be of forced fulfillment in all the municipalities of the Valencian Community (that means that the sanctioned Developer can not be designated Developer Agent in the whole territory of the Valencian Region).

Other town-planning infringements

They are sanctioned:

a)            The town-planning minor infringements with sanction from 300 up to 3.000 euros.

b)           The town-planning grave infringements, from 3.001 up to 30.000 euros.

c)            The very grave town-planning infringements, from 30.001 to 1.500.000 euros.

Aggravating and mitigating circumstances.

To adjust the sanctions it will be attended primordialmente to the gravity of the matter, the economic value of the facts constitutive of the infringement, its reiteration on part of the responsible person and the degree of guiltiness of each one of the offenders.

Adjustment of the sanctions.

When in the commission of the infringement some aggravating circumstance meets, the sanction is always imposed in the maximum degree.

If some mitigating circumstance meets, the sanction is imposed in the minimal degree.

When mitigating or aggravating circumstances are meeting simoultaneously, these will be considered in a rational way for the concretion of the sanction, considering their respective relevance.

When neither mitigating nor aggravating circumstances meet the sanction is imposed in the middle degree.

Prohibition of economic gains for the offender.

When the sum of the imposed sanction and of the cost of the restoration is lower than the benefit that the infractor obtaines with the commited illegality, the amount of the sanction must be increased up to reaching the value of that gain.

Prescription  or lapsing of the imposed sanctions.

The grave and very grave sanctions expire after four years since they are imposed, and the minor ones after one year. The calculation of the term will begin since the date of the notification of the sanction to the responsible person, being the sanction beyond appeal and enforceable.

In case of sanction of disqualification to assume the Developer's condition the execution begins with the insertion of the administrative decision in the DOGV.