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Expiration date from orders of demolition after approval of the last Civil Code modificiton 2015

A very important issue is what is the date of expiration from an order of demolition dictated on a Spanish building.

In 2015, there was a modification on the 1964 CC Art made by the Law 42/2015, reducing from 15 to 5 the years of the caducity/expiration of orders of demolition. This article was used to determinate the demolition orders’ expiration.

The transcription in English of the 1964 Art. CC is that for those actions where the law does not assign a date of expiration, the expiration date will be of 15 years from the time of that action. 

This was the case of orders of demolitions, which, in the majority of the regions in Spain there was not assigned an specific time of expiration for orders of demolitions issue in these territories.

So, as said, as it was common in all the Spanish regions to do not regulate a specific date for expiration of orders of demolitions, the jurisprudence from the Spanish Supreme Court used the 1964 Art  and its expiration time, which was 15 years. In words of the Supreme Court, when asked to confirm an expiration date of a case, it was a repeated that the 1964 Art should be in application, so, 15 years.

An this was the case of cases in Valencia region, in Murcia, etc.

The problem is that one year before the law 42/2015, in Valencia Region, was approved the Law 5/2014 called “LOTUP” (Ley sobre la Ordenación de Territorio, Urbanismo y Paisaje). This law specifically considers and establishes a date for expiration of demolitions orders of 15 years from the date in which works were finished, in its Article 236. This law was approved in July-August 2014.

In relation to Murcia, the Law was in 2016 (Ley 13/2015, de 30 de marzo, de ordenación territorial y urbanística de la Región de Murcia) , and the date is 10 years from the date of the demolition order act. 

What is the consequence of this?. That, before the modification of the Civil Code in 2015, there was an existing law  in Valencia (the LOTUP) fixing a date of 15 years the expiration of orders of demolitions. The same Civil code establishes that, for situations before the approval of the law 42/2015, the previous regulation should be in application.

So, as there as a law regulating the expiry date, a formal  Civil Code modification will not affect orders of demolitions in Valencia Region, as they were already regulated by the LOTUP.

WHEN THE 15 YEARS START TO COUNT?

From the date in which the demolition order is confirmed

An example:

A property was built in 2006, and the order of demolition was processed in 2009.

 

The expiry date of the order will be 2009+15 = 2024

As always, feel free to contact us to get individualized advice on your case.

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