La inspección periódica de edificios como mecanismo de aseguramiento del deber de conservación: insuficiencia de la regulación actual

Ramón J. Rodríguez Andión

The Periodical Inspection of Building as a Mechanism to Ensure the Fulfilment of Conservation Obligations:The Inadequacy of the Present Legal Regulation of This

Authors

Ramón J. Rodríguez Andión

Keywords:

Inspección de edificios, legislación urbanística

Abstract

The paper analyzes the periodical inspection of buildings, a novel technique recently brought into Spanish
Town Planning Law practice representing means an important change in the regulation of the obligation
to conserve buildings, insomuch as it implies the taking of preventive action. Beginning with an
explanation of Civil Laws regulating this obligation on the individual, and an analysis of the different
Spanish Town Planning Laws (as enforced by the Central and the different Autonomous Regional
Governments) as to this obligation the author moves on to examine the Laws of those nine Regions which
have to date legislated upon the periodical inspection of buildings to thus demonstrate the pitfalls of
those Laws seeing them all as being modelled upon to the pattern of the Valencian Act 6/94, which
conceived periodical inspection as being intrinsically tied in with the proceedings for the legal declaration
of buildings in a state of ruin. The paper closes by taking a look at the periodical inspection of buildings
enacted by the City Council of Madrid in 1999 in a municipal council by-law, this even prior to an
Autonomous Regional Act that would establish this particular technique for the Region, all of which lead
to its being thought of as a purely autonomous mechanism, and quite separate from the legal declaration
of ruin of the buildings.

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Published

2004-03-23

How to Cite

Rodríguez Andión, R. J. (2004). The Periodical Inspection of Building as a Mechanism to Ensure the Fulfilment of Conservation Obligations:The Inadequacy of the Present Legal Regulation of This. Ciudad Y Territorio Estudios Territoriales, 36(139), 173–203. Retrieved from https://recyt.fecyt.es/index.php/CyTET/article/view/75451

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Issue

Vol. XXXVI, núm. 139 (2004)

Section

Articles

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