When does the illegal construction of a pool prescribe?
It is common to see people building pools in their homes without the necessary permits, which can result in severe fines or sanctions. Therefore, it is important to know when the illegal construction of a pool prescribes.
Prescription
Prescription is a legal concept that establishes a certain period of time during which a person can demand his rights, if he does not do so within that period of time, he will lose the right to do so.
The time that a person has to demand his rights depends on the type of action he wishes to take. In the case of the illegal construction of a pool, the prescription time is established in the Law on Urban Planning and Construction, in article 95.
The Law on Urban Planning and Construction
Article 95 of the Law on Urban Planning and Construction states that the illegal construction of a pool prescribes in five years. This means that, after five years, the person who has built the pool illegally can no longer be sanctioned or fined.
Exceptions to the rule
There are some exceptions to the five-year rule. If the person responsible for the illegal construction of the pool has been previously sanctioned for another illegal construction, the period of prescription is reduced to three years.
The application of the law
It is important to note that the law is not applied retroactively, but only from the date of its entry into force. This means that any pool built illegally before the entry into force of the Law on Urban Planning and Construction will not be subject to the five-year prescription period.
Conclusion
In conclusion, the illegal construction of a pool prescribes in five years according to the Law on Urban Planning and Construction. However, if the person responsible for the construction has been previously sanctioned for another illegal construction, the period of prescription is reduced to three years. It is important to note that the law is not applied retroactively, but only from the date of its entry into force.