Nulidad de pleno derecho y fraude de ley en el uso residencial en suelo r´ústico. Doctrina de los órganos consultivos
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Rustic land is land excluded by the planner from urban transformation and execution processes. In this way, the uses - constructive or otherwise - that urban planning legislation allows are, from a quantitative perspective, notably inferior compared to other categories of land, and particularly with urban land.
The paradigm of this type of restrictions is the generic prohibition of constructions intended for residential use. Although the prohibition is never absolute, allowing very exceptional residential uses (e.g. housing linked to the previous existence of an agricultural, forestry, or livestock operation), we can affirm that the generality of urban planning legislation establishes multiple impediments in this subject. Despite all this, one of the most common urban planning infractions in terms of urban discipline consists of the execution of constructions, intended for residential use in violation of the applicable urban planning regulations.
The purpose of this work is to analyze the possibility of combating this fraud of law through license cancelation, ir order to declare the nullity of a residential building license for a construction on rural land.