The appeal was admitted in the interest of the law regarding the authorization of the
execution of the construction works regarding the term of entry into legality established in the
report of finding the contravention, a term that is one of recommendation.
The reported legal issue is limited to the situation in which there is a report of finding the
contravention, which retained the performance of construction works without a building
permit or non-compliance with such a permit, and this finding is a definitive one, allowing
the authority follow the judicial procedure in order to obtain a decision to abolish the
respective construction works.
Moreover, the difference is given in a first situation of conduct of the sanctioned person who
did not start the procedure to enter into legality within the given term, and the authority did
not obtain a decision to demolish the construction, and a second situation is therefore given in
which the local public authority which was requested to issue the acts of authorization of the
construction works for which the report of finding the contravention was drawn up.
At the same time, it was noted in these conditions that the term in question, as addressed in
the minutes in question, must be such as to allow the offender to initiate legal proceedings,
preventing the public authority to request the demolition of the building before its
completion.
In conclusion, it results that the verification of legality prevails, and that it is possible after
this term established as a recommendation.
