Can a Licence of First Occupation be granted by the administrative silence rule?
According to Spain’s administrative silence rule, certain applications (such as licences) are deemed granted by way of ‘positive’ administrative silence if they go unanswered by the administration in a period of time, normally 3 months. First Occupation Licences can be obtained by ‘positive’ administrative silence if the application complies fully with all laws and regulations. Unfortunately, LFOs obtained by virtue of ‘positive’ administrative silence cannot be trusted in places like Marbella (and many other parts of Spain), where there has been a breakdown in urban planning standards and efficiency. If you are confronted with a Licence of First Occupation that has been obtained by ‘positive’ administrative silence you will need the help of a good, trustworthy lawyer to decide what to do. This FAQ has dealt with the subject of Licences of First Occupation in Spain.
