The Nullity of Urban Planning Management Administrative Acts

Abstract

In the category of urban planning management administrative acts, particular importance is given to those that confer on private individuals the power to carry out urban development operations.

When null, these administrative acts may require the restoration of the factual situation that existed prior to their enactment, which raises the question of under what terms any claims to preserve that same factual situation may proceed.

In order to determine whether there is compatibility between the general regime of nullity of administrative acts and the claim to preserve the factual situations created by null urban planning management administrative acts (a topic to be addressed in the next issue of this Journal), this article aims to clarify three aspects, namely: (1) an indication of the situations that give rise to the nullity of administrative acts in general; (2) identification of urban planning management administrative acts, with particular emphasis on those that confer on private individuals the power to carry out urban development operations; and (3) finally, an indication and analysis of the various causes of nullity of urban planning management administrative acts.