Arbitrary buildings (non-statutory) fines: how do I protect myself legally? (PART II)


In a previous article we looked at the legal protection against arbitrary fines, which we believe - always in cooperation with the engineer - are not correctly calculated or have no legal basis and certainly do not fall under any arbitrary law.

The autopsy report of an arbitrary person is challenged by filing an appeal within an exclusive period of 30 days from its notification to the competent Service.

If, however, she does not thrive, what is the next stage?

Dismissal of an appeal - what are we entitled to do then?

The necessity of exercising a request for cancellation and a request for suspension

Against the rejection decision on the appeal, it is foreseen to file an application for annulment with the competent Administrative Court of Appeal.

Especially the fines of the arbitrary - regardless of the amount - fall under this.

It is important for the interested party to know that he can only raise legal grounds with his cancellation request.

The extraordinary importance of this annulment application consists in the fact that:

  • It is the only legal remedy left to the interested party upon rejection of the appeal against the autopsy report
  • It provides the possibility of presenting reasons for annulment concerning the points of legality of the imposition of fines
  • It provides a basis for an objection to be filed against the cash confirmation of the debts that were confirmed after their finalization by the competent YDOM in the corresponding DOU
  • It also provides the possibility to apply for a suspension for the suspension of the fines that have been imposed and from which the interested party is at risk
  • If this is also rejected, an appeal may be brought to the Council of State, since the decision of the Administrative Court of Appeal made an error.

See also PART I (administrative protection against arbitrary buildings' fines) here: