The execution of urban planning sentences with special reference to the legal and material impossibilities

Abstract

The improvement achieved in the execution of the contentious- administrative judgments has an exception, the execution of the sentences of demolition of illegal buildings. Its origin lies in some defects in the urban legislations and to the lack of the municipal and regional political will enough; the serious disorders caused by the nullity of the urban plans, as a result of their normative nature and the negative effects of the indirect challenge and public action, studying for its solution a part of the doctrine, jurisprudence and comparative law; and the imbalance between the legal obligation and the effective accomplishment of the right to housing and a Spanish and European jurisprudence that protects housing as a residential domicile.

The reforms of the Penal Code and, especially, of art.108.3 of the LJCA have led to a jurisprudence of the TS that has concluded that there are no new obstacles to the execution, it is not necessary to previously resolve a patrimonial responsibility procedure and a delimitation appropriate from third parties in good faith. The jurisprudence has made a restrictive interpretation of the legal and material impossibility of compliance with the judgments.