The regulation of Article 108.3 of the Law on Contentious-Administrative Jurisdiction: demolition of illegal buildings and guarantee of compensation due to third parties in good faith
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In 2015, a third section was incorporated into article 108 of Law 29/1998, on the Contentious-Administrative Jurisdiction, regarding to the legal framework for the execution of judgments in which the demolition of a property was ordered. In accordance with that provision, when the demolition is ordered, the provision of enough guarantees to respond to the payment of compensation due to third parties in good faith must be required as a precondition. It is a provision that in practice has generated multiple issues. In addition to being plagued with undetermined legal concepts, it confronts the protection of third parties in good faith with effective judicial protection and the execution of judgments. Given this situation, and for the sake of legal certainty, the Supreme Court has established itself as the main actor to fill the existing legal loopholes, outlining the exact content of this provision and providing interpretive criteria in the exercise of its interpretative function. The article pursues to systematize the existing case law and contextualize Art. 108.3 of the Law on Contentious-Administrative Jurisdiction.