The Supreme Court establishes the time limit for bringing an administrative action for the building permit annulment, in the exercise of public action in urban planning.
In the appeal in cassation decided by the Supreme Court, the question of objective interest for the formation of jurisprudence was to determine what is the time limit for bringing an administrative action for the building permit annulment, in the exercise of public action.
The Supreme Court establishes that the time limit for the exercise of the mentioned public action is different depending on whether or not the license has been known. If it has not been known, this period is extended during the time of execution of the works and until the end of the four-year period or the period established by the corresponding regional legislation, while if it has been known, the general period for contesting it applies.
In the case of the appeal, the question is whether the designer of the project, being a technical architect, is competent or not. Since this is a matter of mere professional competence, and not one of compliance with urban planning regulations, the Supreme Court considers that the time limits for public action were not applicable, and therefore rejects the appeal.