Jurisprudencia de la C.A.B.A.: Se declaró abstracta la cuestión planteada en la acción de amparo respecto al pedido de suspensión de toda obra sin su correspondiente permiso

SÍNTESIS.- En el caso, corresponde confirmar el pronunciamiento de grado, en cuanto declaró abstracta la cuestión planteada en la acción de amparo respecto al pedido de suspensión de toda obra sin su correspondiente permiso.
En efecto, la apelante no alcanzó a rebatir una de las premisas básicas de la sentencia impugnada: que, al momento de resolver, existían actuaciones administrativas en trámite; en cuyo marco se había intimado al Consorcio de Propietarios del inmueble en cuestión a acreditar el correcto estado de conservación de los balcones del edificio.
En el curso de dichos procedimientos, se realizaron varias inspecciones y se labraron actas de intimación y de comprobación, que llevaron al dictado de la disposición en la que se intimó al Consorcio de mención a regularizar la situación de la finca señalada, bajo apercibimiento de aplicar multas, ejecutar los trabajos por la Administración y a su costa, o demoler las obras irregulares, conforme a lo establecido por los artículos 6.3.1.2 y 2.2.5.2 del Código de Edificación. Por último, se dictó otra resolución, del 19 de junio del actual -publicada en el BOCBA 5155 del 26 de junio de 2017-, que dispuso la demolición de las obras ejecutadas sin permiso en el inmueble, que modifican la fachada, en contravención al artículo 2.1.1.1 del Código de Edificación, consistentes en cambios de barandas en los balcones de determinadas unidades funcionales.
La reseña precedente permite afirmar que se encuentra cumplido el objeto de la demanda, por cuya causa la cuestión resulta abstracta y corresponde confirmar la sentencia de grado que así lo declaró.

Paulesu Ana Luisa c/ GCBA, Cámara de Apelaciones Contencioso, Administrativo y Tributario, 6/07/17

Fuente: Departamento de Biblioteca y Jurisprudencia del Consejo de la Magistratura de la Ciudad de Buenos Aires

41 comentarios de “Jurisprudencia de la C.A.B.A.: Se declaró abstracta la cuestión planteada en la acción de amparo respecto al pedido de suspensión de toda obra sin su correspondiente permiso

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