Staments or communications instead of permits

Abstract

Historically, the governmental control of works and other urban actions is previous, by means of a licence or permit. Currently, given the governmental lack of response in time to the requests presented, as a rule, even with exceptions, negative silence is applied, so that it is presumed that the license has been denied, and thus up to judicial review. Furthermore, in cases where the license is understood to be granted by positive silence, we are faced with a weak title, which may be unenforceable should it breach applicable regulations. In this situation, it is proposed to replace the license or permit with a responsible statement or prior communication by the interested person, without prior control by the Administration. 
We are going to study the similarities and differences between license or permit on the one hand and responsible statement or prior communication on the other, some cases that already exist in state and regional legislation, and which legislator, in our opinion, should decide the type of control to establish.