<p> In accordance with Colombian law, urban licenses are administrative acts of a particular and concrete nature, by means of which the right of construction and development is granted to an interested party, either by parceling out, urbanizing or building on the properties subject to the license <a href=”#_ftn1″ name=”_ftnref1″> <span> [1] </span> </a>. </p>
<p> In turn, these acts establish obligations on the head of the owner regarding the execution of urbanization or construction works, including the provision and material and legal delivery of green areas, equipment, and road infrastructure and public services, for which a term of 6, 12, 24 or 36 months is expected, depending on the type or type of license granted <a href=”#_ftn2″ name=”_ftnref2″> <span> [2] </ span> </a>. </p>
<p> In this sense, while the licenses are in force, the holders have the right to develop and build, and, concomitantly, they also have the responsibility of executing their urban obligations. </p>
<p> Now, taking into account the measures adopted by the National Government through Decree 457 of 2020, in order to face the pandemic caused by COVID-19, it is necessary to question the effects that these may generate with respect to those urban planning licenses that are currently in force for execution. </p>
<p> The state of economic, social and ecological emergency declared by the President of the Republic, together with the mandatory preventive isolation or quarantine of all the inhabitants of the Republic of Colombia, make that the holders of urban planning licenses are, during the period that the mandatory confinement lasts, in the face of an impossibility regarding its execution, despite the fact that they are in force. </p>
<p> The foregoing, taking into account that the exercise of the rights and obligations derived from the licenses necessarily implies the movement of people in the national territory and the execution of activities that are not exempt under Decree 457 of 2020. <a href=”#_ftn3″ name=”_ftnref3″> <span> [3] </span> </a> </p>
<p> However, the National Government, through Decree 491 of 2020, provided in its article 8 that in those cases in which the licenses expire during the declared Health Emergency term and whose renewal process cannot be carried out on the occasion of the measures adopted to prevent it, <strong> said licenses shall be understood to be extended for up to one (1) additional month </strong> from the overcoming of the economic, social and ecological emergency, at which time the The holder must initiate the corresponding procedure to obtain its extension. </p>
<p> Notwithstanding the foregoing, it is important to note that the aforementioned provision does not make any reference to those licenses that do not lose their validity during the economic, social and ecological emergency. </p>
<p> <strong> Such a situation leaves the licensees in legal limbo </strong> that remain in force, since it is not clear that the validity of said acts will be extended during the term that the confinement measure lasts. </p>
<p> This implies that, in practice, developers and holders of these licenses will have less time to comply with their rights and obligations, as they will be unable to execute said administrative acts while the measures imposed by the National Government persist. </ p>
<p> Therefore, <strong> it is necessary to urge the National Government to order the suspension of the term of validity of the licenses </strong> (in all its modalities), during the time that the measures imposed to prevent the economic, social and ecological emergency, taking into account the impossibility in which their holders are faced with the execution of said administrative acts. </p>
<p style = “text-align: right;”> <em> By <a href=”https://gomezpinzon.com/team/maria-camila-parra-cortes/”> María Camila Parra </a> and <a href=”https://gomezpinzon.com/team/paola-garzon-montes/”> Paola Garzón </a>, Associates of the Practice Group <a href = “https://gomezpinzon.com/practice/ real-estate-law / “> Real Estate & amp; Urbanist </a> of GPA. </em> </p>
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<h6> <a href=”#_ftnref1″ name=”_ftn1″> <span> [1] </span> </a> Article 2.2.6.1.2.3.3 of Decree 1077 of 2015. </h6>
<h6> <a href=”#_ftnref2″ name=”_ftn2″> <span> [2] </span> </a> Article 2.2.6.1.2.4.1. of Decree 1077 of 2015, modified by Decrees 2218 of 2015, 1197 and 2013 of 2017, establishes that urbanization licenses, subdivision and construction licenses, licenses for intervention and occupation of public space and revalidations, will have a validity of twenty-four (24) months extendable only once for an additional term of twelve (12) months; parcel licenses for sanitationto, they have a validity of twelve (12) months, not extendable; When, in the same act, an urbanization license is granted in the development or redevelopment modalities, a parceling license and a construction license in a modality other than that of enclosure, they will have a validity of thirty-six (36) months extendable for an additional period of twelve (12) months, and subdivision licenses will have a non-extendable validity of six (6) months, counted from the date on which the administrative act that grants the respective license is final. </h6>
<h6> <a href=”#_ftnref3″ name=”_ftn3”> <span> [3] </span> </a> In construction, the Government provided for the exception of mandatory insulation against <em> “ Intervention of civil and construction works, which, due to their state of progress or their characteristics, present risks of technical stability, threat of collapse or require structural reinforcement actions. ”</em> </h6>
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