The purpose of this ordinance is to establish the requirements and conditions that allow the execution of works of mere reform of buildings, certain constructions or facilities by means of a responsible declaration that partially replaces the traditional minor construction license; all in development of the aforementioned tenth additional provision of the Valencian Urban Planning Law 16/2005 introduced by Law 12/10 of July 21 of the Valencian Government of Urgent measures to streamline the Exercise of Productive Activities and the creation of Employment, in accordance with article 71 bis of Law 30 / 92 of the Legal Regime of Public Administrations and Common Administrative Procedure, in the wording given by law 25/2009, of December 22.
Declaration of liability for small construction work in Torrevieja
Declaration responsible for minor work provides a document signed by the interested party in which he / she declares under his / her responsibility that he / she complies with the requirements established in the current regulations to access the recognition of a right or faculty or for its exercise, which has the documentation that thus accredits it and that it undertakes to maintain its compliance during the period of time inherent in said recognition or exercise. The works carried out by means of a responsible declaration are also subject to the construction, facilities and works tax (ICIO) and the processing fee, in accordance with the Local Tax Law and the corresponding Fiscal Ordinances of the Torrevieja City Council.
Area of application
Without prejudice to the possible need for an architectural or other similar project, as well as the corresponding environmental intervention instrument, this Ordinance shall apply to the execution of:
- Modification or reform works that affect the structure or the exterior and interior appearance of constructions, buildings and facilities of all kinds, whatever their use when located on urban land with development status and also when they are located on common undeveloped land, in this case the requirements derived from the legislation on undeveloped land and landscape must be met.
- The erection of factory walls and fencing in cases and under the aesthetic conditions required by the municipal regulations of Torrevieja regulating its harmony with the environment when they are located on urban land with development conditions and also when they are located on common undeveloped land, in this case the requirements derived from the legislation on undeveloped land and landscape must be met.
- The installation of greenhouses when they are located on urban land with development condition.
- The placement of posters and billboards visible from public roads when they are located on urban land with development status.
- The execution of works and facilities that affect the subsoil when they are located on urban land with development status.
- The installation of electrical, telephone or other similar lines and the placement of antennas or communication devices of any kind when they are located on urban land with development conditions.
The works that affect cataloged elements or in the process of cataloging may not be the object of a responsible declaration and will in any case require a municipal license. Likewise, the construction, building and implementation of new plant facilities, as well as the expansion of existing ones, will require a municipal license. The remaining works not previously foreseen will be auditable by means of a municipal building license
The promoter of the work must provide the supporting documentation of compliance with the requirements established in the current urban and sector regulations to be able to materially execute the work mentioned in the responsible declaration in accordance with the annex to this ordinance. If there is an omission, inaccuracy or falsity of any of the documents established in this ordinance, the developer/promoter may correct it within ten business days from the request made by the City Council for this purpose. The City Council may also request clarification on the characteristics of the work within that period.
Required documentation
1. Certificate issued by a competent technician that the works do not alter their architectural configuration, understood as those that do not have the nature of total intervention or the partial ones that do not produce an essential variation in the general exterior composition, volumetry, or the overall structural system.
2. Report made by a competent technician, descriptive memory, pathologies, constructive solution, measurements, budget, health and safety measures, auxiliary elements used, time, scaffolding (assembly, approval, installation time, safety, etc.), if used lifting machine will also include its technical data sheet.
3. In the case of works of modification or reform of buildings that affect the structure and façade and that alter its architectural configuration, these being understood to be those that have the character of total intervention or the partial ones that produce an essential variation of the general exterior composition, the volumetry, or the structural system as a whole, or those that are included in the assumptions of responsible declaration and that have a considerable structural affection as it is not of small entity, a technical project will be provided.
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