spot_img
Sunday, January 29, 2023
spot_img

RyC obtains cassation before Supreme Court

Ramón y Cajal Abogados has obtained in cassation an important ruling from the Supreme Court which strengthens the rights of buildings owners in a situation assimilated to out of order and modifies the traditional Case Law

-

The Spain´s Supreme Court sentence STS, Sala III, Sec. 5ª, nº 1470/2022, of 10 November 2022 (RC 110/2022), has just established case law on the issue of permitted works in buildings in a situation assimilated to out-of-planning and declares unlawful a doctrine of the TSJ of Madrid (Madrid High Court of Justice) that was consolidated, upholding our appeal in cassation and also a contentious-administrative appeal.

Ramón y Cajal Abogados represented the claimant, Elroan Gestión de Inversiones Inmobiliarias, against the Alcobendas City Hall, with partner Federico Lara González, along with Joaquín García Bernaldo de Quirós, from the firm´s Land Planning, Urban Planning and Environment team.

According to Federico Lara, from now on, the carrying out of unauthorised works in buildings assimilated to out-of-planning status does not imply (as the Madrid Supreme Court said) a tacit waiver of the power obtained by prescription nor, therefore, a loss of the expiry of the time limit for the exercise of the action for the reestablishment of urban planning legality. The power to restore the violated physical reality can only be executed with respect to the new works carried out that go beyond mere conservation, ornament, safety or health, but respecting the works with respect to which said power had expired and the use that is being carried out in them, as long as it is permitted by the applicable planning.

- Advertisement -spot_img
- Advertisement -spot_img

MOST READ NEWS

Jones Day announces new Corporate leadership

As practice leaders, they will coordinate and oversee the firm's transactional work worldwide, including both the firm's M&A and Private Equity subpractices. These appointments,...

Linklaters advises IVIRMA on its €3bn sale to KKR

The US fund has signed the acquisition of the Spanish company, a world leader in infertility treatments, eleven months after the transaction was announced,...

BDO adds Legal Ops manager from KPMG

Ana Burbano joins BDO Spain from KPMG´s Legal Operations & Transformation Services (LOTS) area. She is a specialist in Legal Tech and digital transformation...
spot_img
spot_img
spot_img
spot_img
- Advertisement -spot_img
- Advertisement -spot_img
- Advertisement -spot_img
error: