The Rights of Third Parties in the Licensing of Urban Development Operations

Abstract

I – Every individual, in compliance with the principle of good faith, also enshrined within administrative activity by Article 6-A of the Code of Administrative Procedure, must, in any request addressed to the Public Administration, provide all elements necessary and sufficient for it to issue a prompt and fair decision;

II – The applicant who, in a licensing request for the construction of a wall to enclose a given property, of which he claims ownership, fails to disclose the existence of an easement over the property to be enclosed, established in favour of another or other properties, violates the aforementioned principle;

III – It falls within the competences of a municipal council to order the necessary steps to ascertain the right referred to in II;

IV – The act revoking another, following the finding of the existence of an encumbrance whose non-disclosure vitiated the will of the municipality or its president in granting the requested construction licence, and which resulted from the inquiries it carried out, does not suffer from the defect of abuse of power;

V – The invalid act may be revoked by the competent entity, body, or agent, provided that the legally established terms and time limits are observed.