ANDORRA Law and Practice Contributed by: Elena Redondo, Albert Hinojosa and Marc Ambrós, Cases & Lacambra
4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction The key control concerning the design, appear - ance and construction methods of new buildings or refurbishment is obtaining working licences ( llicències d’obra ) and the approval of construc - tion projects ( projectes d’edificació ) by the town halls, in accordance with the applicable generic and sectorial planning and building regulations. The Construction Act was amended in May 2020 to allow the public authorities to suspend con - struction works if they are not compliant with the Construction or Urban Act. The amended Construction Act also adapts the authorisation Town halls are responsible for drafting and pass - ing the general master plans ( plans d’ordenació i urbanisme parroquials ) which determine the total buildability for each of the parishes ( Parròquies ) and a priority use for every parcel in accordance with specific technical and administrative restric - tions, by establishing the soil classification and the action units ( unitats d’actuació ) and fixing the public service estimations. procedures under the Urban Act. 4.3 Regulatory Authorities In this connection, the Technical Commit - tee of Urban Development ( Comissió Tècnica d’Urbanisme ) is configured as the advisory and executive board for regulating the development and designated use of individual parcels of real estate and which legislation applies, including functions such as: • to decide on all appeals lodged against the resolutions issued by the town halls in respect of urban development; • to verify and report on the special plan or town plan draft; or
• to order the working licences’ ( llicències d’obra ) suspension. 4.4 Obtaining Entitlements to Develop a New Project As stated in 4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction , working licences ( llicències d’obra ) and the approval of construc - tion projects ( projectes d’edificació ) by the town halls must be obtained to develop a new project or complete a major refurbishment. Overall, the general process for the granting of working licences from the town halls involves the following. • Submission of the request by the person concerned (stating personal information, the specific information concerning the plot of land or the building, the sort of urban licence requested, and the place, date and signing of the applicant jointly with documentation of the project). • Upon reception of the documentation legally required and the licence request by the administration, the pertinent internal and external, legal and optional reports required by the specific town hall must be delivered to such administration. • A resolution on this procedure must be issued within two months of submitting the applica - tion. Third parties do not have the right to participate and object to the procedure until a resolution is issued. 4.5 Right of Appeal Against an Authority’s Decision Concerned persons may appeal a decision within the framework of the administration route and, subsequently, with recourse to contentious administrative proceedings.
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