Welcome from David Searl
- DavidSearl
- Andalucia.com Amigo
- Posts: 191
- Joined: Thu Aug 13, 2009 5:47 pm
- Location: Mijas
Welcome from David Searl
I look forward to a mutually rewarding association with Andalucia.com Forum members as we share our experience with Spanish legal matters. Let the posting begin.
Best Regards, David Searl
Best Regards, David Searl
You and the Law in Spain
Re: Welcome from David Searl
Boy I wish this forum had been here before my court case! great idea
Re: Welcome from David Searl
Oh this WILL be useful I always have loads of legal queries!
Finally really and properly living in Andalucia.
Re: Welcome from David Searl
Sounds useful, could be a fulltime job on here answering the many questions!
-
- Andalucia Guru
- Posts: 6200
- Joined: Thu Jul 29, 2004 1:42 pm
- Location: Cáceres Province, Extremadura
Re: Welcome from David Searl
Great idea. I have two of your books, David, one from 2005 and the 2006/7 21st Anniversary edition. Looks like I won't need to buy the next edition.
- Enrique
- Andalucia Guru
- Posts: 9490
- Joined: Tue Mar 24, 2009 9:47 am
- Location: Mytchett/Alcala La Real
Re: Welcome from David Searl
Hi Lavanda,
Might be quicker to buy the next book, Gerry's had a question on for 5hrs and no response yet
Might be quicker to buy the next book, Gerry's had a question on for 5hrs and no response yet
All my best learning experiences start with a problem I need to solve.
Re: Welcome from David Searl
Its a great idea but will you be running training courses for town hall employees, mayors etc on how to respect the actual law rather than that of the brown envelope and their own families´interests?
Aren´t there going to be loads of "different" cases according to the province, and local laws etc?
Aren´t there going to be loads of "different" cases according to the province, and local laws etc?
-
- Andalucia Guru
- Posts: 6200
- Joined: Thu Jul 29, 2004 1:42 pm
- Location: Cáceres Province, Extremadura
Re: Welcome from David Searl
I think that the vast majority of laws are the same throughout Spain as regards taxation, pensions, social security, criminal law, civil law, motoring, etc. The area there seems to be most confusion is planning and I think in that area you are right, Jool. It's the one thing that needs some sort of clarification but seems least likely to get it.
Re: Welcome from David Searl
Exactly Lavanda, I´m not trying to be dampener but planning is the area where most of us will want information and clarification!!
Perhaps David can let us know what our actual rights are in regards to shabby treatment by Telefonica, Vodafone etc etc....???
Perhaps David can let us know what our actual rights are in regards to shabby treatment by Telefonica, Vodafone etc etc....???
Re: Welcome from David Searl
I doubt anyone can answer that. For the third time in 12 months I have had the 18 odd euros overseas calls package charge added to my Telefonica bill, I am absolutely sick of it.Jool wrote:
Perhaps David can let us know what our actual rights are in regards to shabby treatment by Telefonica, Vodafone etc etc....???
A Spanish friend has offered to put the bill in his name because they only add it to foreigners bills.
In a time of universal deceit, telling the truth is a revolutionary act. George Orwell
Re: Welcome from David Searl
It does really just get you from time to time doesn´t it, the sense of total powerlessness against faceless "don´t cares" - no wonder the spanish never complain and just shrug things off......
-
- Andalucia.com Amigo
- Posts: 67
- Joined: Sat May 06, 2006 5:14 pm
- Location: Jerez de la Frontera
Re: Welcome from David Searl
Great new forum topic!
I was just wondering about something.
I have been waiting for 14 months for an Obra Mayor permission so that I can restore a house. On the home strait now, has been adopted by the town hall junta directiva, but still waiting for a signature (nearly a month). There have been countless problems along the way, always as a result of incompetence at the town hall. For example the value of the "reparcelacion voluntaria" we had to pay to increase the meters of the building had to be recalculated three times because they kept getting it wrong (I often wonder if they were deliberately doing this and hoping we would just cough up. The final amount was less than half of the first). It took from December 08 to May 09 just to get a correct calculation.
Looking through my town hall website last week I stumbled onto a question in their FAQ section:
¿Cúanto tarda en concederse una licencia de Obra Mayor?
By way of reply the information given was as follows:
La Ley 30/1192 de procedimiento Administrativo establece en su artículo 42 que el plazo máximo de notificación de la Resolución no podrá exceder de seis meses y en el caso de que las normas reguladoras del procedimiento no fijen el plazo máximo, este será de tres meses.
Así mismo, el artículo 172 de la Ley de Ordenación Urbanística de Andalucía, establece que la resolución expresa de las licencias urbanísticas, deberán notificarse en el plazo máximo de tres meses.
My question is: What is the legal meaning of "la resolución" in the two laws above? Is the town hall not breaking the law in my case, and can we "denounce" them?
Thanks!
I was just wondering about something.
I have been waiting for 14 months for an Obra Mayor permission so that I can restore a house. On the home strait now, has been adopted by the town hall junta directiva, but still waiting for a signature (nearly a month). There have been countless problems along the way, always as a result of incompetence at the town hall. For example the value of the "reparcelacion voluntaria" we had to pay to increase the meters of the building had to be recalculated three times because they kept getting it wrong (I often wonder if they were deliberately doing this and hoping we would just cough up. The final amount was less than half of the first). It took from December 08 to May 09 just to get a correct calculation.
Looking through my town hall website last week I stumbled onto a question in their FAQ section:
¿Cúanto tarda en concederse una licencia de Obra Mayor?
By way of reply the information given was as follows:
La Ley 30/1192 de procedimiento Administrativo establece en su artículo 42 que el plazo máximo de notificación de la Resolución no podrá exceder de seis meses y en el caso de que las normas reguladoras del procedimiento no fijen el plazo máximo, este será de tres meses.
Así mismo, el artículo 172 de la Ley de Ordenación Urbanística de Andalucía, establece que la resolución expresa de las licencias urbanísticas, deberán notificarse en el plazo máximo de tres meses.
My question is: What is the legal meaning of "la resolución" in the two laws above? Is the town hall not breaking the law in my case, and can we "denounce" them?
Thanks!
- DavidSearl
- Andalucia.com Amigo
- Posts: 191
- Joined: Thu Aug 13, 2009 5:47 pm
- Location: Mijas
Re: Welcome from David Searl
JAR1972
The Administrative Procedure Law to which you refer regarding your application for a building permit states that the administraton must produce a "resolución" within three months or at the maximum, six months. The "resolución" simply means a yes or no answer. Granting the permit or denying it.
Yes, your Town Hall is breaking its own rules. That same law, "Ley 30/1992" applies the principle of "administrative silence", meaning that, if you receive no reply to your registered application, you can assume that the permit is granted.
Sure, just try it. You should hear Spanish lawyers go on about what a meaningless provision this is. It looks good on the face of it, but the Administration has a dozen ways around it in practice, and they will fine you for building without a permit.
Yes, you can go to court against your Town Hall for the delay. Most lawyers would advise you not to bother.
Good luck with it, David Searl
The Administrative Procedure Law to which you refer regarding your application for a building permit states that the administraton must produce a "resolución" within three months or at the maximum, six months. The "resolución" simply means a yes or no answer. Granting the permit or denying it.
Yes, your Town Hall is breaking its own rules. That same law, "Ley 30/1992" applies the principle of "administrative silence", meaning that, if you receive no reply to your registered application, you can assume that the permit is granted.
Sure, just try it. You should hear Spanish lawyers go on about what a meaningless provision this is. It looks good on the face of it, but the Administration has a dozen ways around it in practice, and they will fine you for building without a permit.
Yes, you can go to court against your Town Hall for the delay. Most lawyers would advise you not to bother.
Good luck with it, David Searl
You and the Law in Spain
Re: Welcome from David Searl
I too have bought your books and kept them as my "Bible" ...
Since being here and as many ex-pats from different countries have found, there is a certain "Wild West" approach to legal matters which varies from region to region, town to town and so on.
However, the case concerning DeCotta Law as reported by Injustice in Europe http://injusticeineurope.wordpress.com/ ... lish-court
caught my eye and I wondered what are the laws (customs) regarding "public auctions" and what exactly are the jurisdictional boundaries of the English courts in such matters?
Since being here and as many ex-pats from different countries have found, there is a certain "Wild West" approach to legal matters which varies from region to region, town to town and so on.
However, the case concerning DeCotta Law as reported by Injustice in Europe http://injusticeineurope.wordpress.com/ ... lish-court
caught my eye and I wondered what are the laws (customs) regarding "public auctions" and what exactly are the jurisdictional boundaries of the English courts in such matters?
Kind regards,
Ed
Ed
Who is online
Users browsing this forum: No registered users and 34 guests