BUSINESS AND GOVERNMENT IN SPAIN: POSTS

STATEMENTS INSTEAD OF PERMITS

Historically, the governmental control of works and other urban actions is previous, by means of a licence or permit. Currently, given the governmental lack of response in time to the requests presented, as a rule, even with exceptions, negative silence is applied, so that it is presumed that the license has been denied, and hence it is up to judicial review. Furthermore, in cases where the license is understood to be granted by positive silence, we are faced with a weak title, which may be unenforceable should it breach applicable regulations.

In this situation, it is proposed to replace the license or permit with a responsible statement or prior communication by the interested person, without prior control by the Local Government. There are both similarities and differences between license or permit on the one hand and responsible declaration or prior communication on the other. Some cases of responsible statement and prior communication already exist in Spanish state and regional legislation, but now, amid the Covid19 crisis, the expansion of those instruments is being increasingly considered.

Francisco García Gómez de Mercado
Spanish Lawyer