expediente urbanístico

English translation: planning enforcement proceeding

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:expediente urbanístico
English translation:planning enforcement proceeding
Entered by: Adrian MM.

22:33 Nov 3, 2019
Spanish to English translations [PRO]
Law/Patents - Real Estate / urban planning, real estate law (Spain)
Spanish term or phrase: expediente urbanístico
"...que se certifica la inexistencia de expediente urbanístico disciplinario en tramitación sobre la finca objeto de la presente escritura."

Meaning that they want to say this estate does not have an "expediente urbanístico". What does it mean? I suppose it has something to do with urban planning but I need the EXACT legal term (in Finnish, but the exact term in English would also help).

The translation document is a public real estate purchase agreement (escritura de compraventa).

Thanks,

(BTW, this is urgent!)

Unni
Unni Tengvall-Unadike
Finland
Local time: 12:52
BrE > town (and country) planning enforcement (notice) proceeding
Explanation:
- que se certifica la inexistencia de expediente urbanístico disciplinario en tramitación sobre la finca objeto de la presente escritura.

- that the non-existence of any (BrE: town & country) planning enforcement action pending over the holding comprised in/ subject of/ this (BrE) Deed (AmE) Notarial Record) is hereby certified.

Notes:

1. expediente can also mean an application > de dominio - an application to restore a broken chain of title to land.

2. Alas, I have little knowledge of Finnish, as I never recvd. a response to my *serious* mod. langs. application to Helsinki Uni. half a century ago - out of the Spanish 'party' island of Majorca.





Selected response from:

Adrian MM.
Austria
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4 KudoZ points were awarded for this answer



Summary of answers provided
3BrE > town (and country) planning enforcement (notice) proceeding
Adrian MM.
3urban record/file
Marco Belcastro Bara
Summary of reference entries provided
Ref.
Taña Dalglish

  

Answers


55 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
expediente urbanístico disciplinario
BrE > town (and country) planning enforcement (notice) proceeding


Explanation:
- que se certifica la inexistencia de expediente urbanístico disciplinario en tramitación sobre la finca objeto de la presente escritura.

- that the non-existence of any (BrE: town & country) planning enforcement action pending over the holding comprised in/ subject of/ this (BrE) Deed (AmE) Notarial Record) is hereby certified.

Notes:

1. expediente can also mean an application > de dominio - an application to restore a broken chain of title to land.

2. Alas, I have little knowledge of Finnish, as I never recvd. a response to my *serious* mod. langs. application to Helsinki Uni. half a century ago - out of the Spanish 'party' island of Majorca.







Example sentence(s):
  • The UK: A breach of planning control is defined in section 171A of the Town and Country Planning Act 1990. When should *enforcement action* be taken?

    Reference: http://www.proz.com/personal-glossaries/entry/1064049-expedi...
    Reference: http://www.gov.uk/guidance/ensuring-effective-enforcement
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 50
Grading comment
Thank you! :)
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
urban record/file


Explanation:
expediente urbanístico
urban record/file

... that the non-existence of disciplinary urban planning record/file in process on the property object of this deed is certified.

Marco Belcastro Bara
Italy
Local time: 11:52
Native speaker of: Native in ItalianItalian
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Reference comments


1 hr
Reference: Ref.

Reference information:
Urban Disciplinary file | Velasco Lawyers
www.velascolawyers.com › property-law › 76-urban-disciplinary-file

Urban Disciplinary file
by Maria Teresa Velasco | Sep 30, 2009 | Property Law
Working on your property without a license or doing work on a property which is not included in the license can have serious consequences. There are two kinds of *****urban disciplinary case files******** which are either for fines or legalisation. The legalisation file is where the procedure allows either the whole construction or part of it to be legalised. When the town hall insists on the legalisation of the work, normally the promoter has to present a modification of the project adapted to the existing building, if the excess of the building work does not violate the general urban regulations, then the town hall should concede the building license. However, if the building work exceeds the amount permitted in the regulations for that plot, then the town hall should order the demolition of the excess built.
hese infringements have time limits and the time limit is decided by the different autonomous laws. In this region they are regulated by law 7/2002, of 17th December, of Urban Planning of Andalucia. Article 210 states that serious and very serious urban violations are limited to four years and for lesser violations that of one year.

The possibility for the town hall to initiate legalisation case files, are also subject to the periods stated in urban legislation. However the said temporary limitations do not exist when dealing with protecting urban legalisation in the following cases:

A. Creating urban plots on land which is not classified as being possible to be developed.

B. Those which affect:

Land classified as being impossible to be developed with special protection or those included in the protected coastal areas.
Listed buildings or protected areas.
Protected parks, gardens, open spaces or infrastructures, which are determined in the regulations.
The town hall may apply to the land registry to put a preventative note on the land registry information so that any third party is aware of the urban disciplinary case file open on the property, to ensure the outcome of the matter and to make sure that the property is returned to the state in which it was before the offense.

The possibilities that the authorities have when illegalities are detected:

A.- Re-establishing legal order which includes:

Precautionary measures for the suspension of the work being done and possibly sealing the property. (Art. 181).
Legalisation if the work complies with existing laws. (Art. 182).
If not, returning property to its original state, (Art. 183) by:
– Demolition where the work is illegal.
– Reconstruction where there is illegal demolition or destruction.
– Regrouping where there is illegal separation.
B.- Imposition of sanctions: (Art. 212).

Fines.
Other sanctions: bans and prohibitions (Art. 209).
Criminal liability (which exclude administrative), if there is evidence of a crime or misdemeanour (Art. 195.4).
Compensation for damages (Art. 192.1.c).
Whatever happens, we recommend that you have a lawyer to oversee the drafting of contracts, not only with the constructor but also with the technical engineer and the works manager. If an urban disciplinary case file has been opened, it is essential that you have legal advice and give a power of attorney to your lawyer for these matters. Remember that in any case, once the work is legalised you will have to go to the Notary Public to sign the corresponding new build deeds and inscribe them at the land registry.

Taña Dalglish
Jamaica
Works in field
Native speaker of: English
PRO pts in category: 52
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