ANDORRA Law and Practice Contributed by: Elena Redondo, Albert Hinojosa and Marc Ambrós, Cases & Lacambra
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. 4.6 Agreements With Local or Governmental Authorities Entering into agreements with local or govern - mental authorities, agencies or utility suppliers to facilitate a development project relies on the urban planning and construction legislation and may vary on a case-by-case basis, depending on the specific town hall. 4.7 Enforcement of Restrictions on Development and Designated Use In synthesis, restrictions on development are designed on an ex ante or ex post basis. Over - all, the ex ante mechanisms are controlled by means of the granting of licences through a regulated procedure, as stated in 4.2 Legisla- tive and Governmental Controls Applicable to Design, Appearance and Method of Construc- tion and 4.4 Obtaining Entitlements to Develop a New Project , and by the exercise of the urban supervisory power. Ex post mechanisms are the exercise of the sanctioning power by the admin - istration and the imposition of additional meas - ures with the aim of stopping the administrative offence (including the cessation of construction work ( cessació de l’obra ), the demolition of con -
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