Projects Exempt from Prior Control
Projects Exempt from Prior Control
Definition:
Works exempt from prior control are those that do not require approval from the municipal council before starting, provided they comply with applicable legal and regulatory standards. However, such projects may still be subject to inspection, and if they fail to meet legal requirements, they may be halted.
Examples of Projects Exempt from Prior Control:
1. Conservation Works:
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Activities aimed at preserving the building, such as restorations and repairs, maintaining the property’s original characteristics.
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Works on classified buildings or those with potential classification, provided they do not alter the structure or façade.
2. Works of Low Urban Impact:
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Projects with limited urban impact, such as building small annexes (up to 10m² in area and 2.2m in height).
3. Remodeling Works:
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Interior modifications, such as replacing countertops, kitchen cabinets, or bathroom fixtures, without affecting the building’s structure.
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Changes to façades, such as window replacements, as long as they comply with preservation requirements for the property.
4. Exterior Arrangements:
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Landscaping or fencing work, provided it does not alter the landscape or interfere with public spaces.
5. Energy Efficiency Projects:
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Installation of renewable energy systems, such as solar panels or wind generators, that do not modify the building's structure.
Projects Requiring Prior Notification:
According to Article 80 of the RJUE, works that are exempt from licensing but require notification to the municipal council must be reported at least five business days before commencement. These include small-scale interventions that do not affect the structure or façade, such as:
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Small annexes, like storage units or sheds.
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Minor interior modifications that do not involve structural changes or increase usable space.
Works on Classified Properties or in Protection Zones:
For projects involving classified properties or those located in cultural heritage protection zones, approval from the Directorate-General for Cultural Heritage (DGPC) is required, even if the work is exempt from licensing. Any alterations to the interior of the property must be assessed to ensure they do not impact its historical or cultural value.
Responsibilities and Inspections:
Although these works do not require prior licensing, they are subject to inspection by the municipal council. If found non-compliant with legal requirements, the works may be halted. Additionally, it may be necessary to present a statement of responsibility from a qualified technician certifying that the project does not compromise the building's stability.
Conclusion:
It is essential to consult the municipal council to ensure the works comply with exemption requirements and that all necessary documentation—such as plans, descriptions, and statements of responsibility—is in order, especially for properties located in classified or protected zones.