Tenerife Water Board

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The fine for infringements that cause damage that can be evaluated amounts to four times the value of the damage.

Otherwise, the sanctions are:

• Fines of up to €3000 for minor infringements.
• Fines of €3001 to €150,000 for serious infringements.
• Fines of €150,001 to €600,000 for very serious infringements.

When the fine is lower than the benefit obtained with the sanction, the sanction is increased up to the limit of the benefit.

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Sanctions in matters pertaining to Historical Heritage are governed by the Canary Islands Historical Heritage Act (LPHC), and also by the stipulations set out in the Amended Text of the Canary Islands Regional Planning and Nature Areas Acts (TRLOTLENC).

Other sanctions set out in Spain's Historical Heritage Act also apply, in reference to the State's sole competence, particularly with regards to exporting heritage assets.

• Sede electrónica

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Sanctions are classified as:

Light, for:

• Not permitting visits under previously established conditions.
• Failing to send notice of transfers of title for valuable consideration in the cases set out in current legislation.
• Failing to communicate legal agreements and transfers that affect Assets of Cultural Interest.
• Not keeping a Record Book of conveyances of movable assets by organisations that trade in such assets and for any omissions or inaccuracies in the data entered in the Record Books.
• Failing to communicate auctions of assets belonging to the Canary Islands’ Historical Heritage in due time and manner, in the cases set out in the Canary Islands Historical Heritage Act.
• Removing movable property from buildings that have Assets of Cultural Interest status without prior authorisation.
• Omissions of the duty of conservation when the result is light or remediable damage.
• Failing to communicate procedures to declare Assets of Cultural Interest or listed assets as ruins or any incidents that affect such assets to the Council of Tenerife.
• Placing signs, symbols, closures or rails on the façades and roofs of Assets of Cultural Interest without prior permission.
• Installing non-authorised antennas, pipes and advertising on Assets of Cultural Interest.
• Changing the use of Assets of Cultural Interest without prior permission.
• Failing to exhibit the mandatory sign on construction work carried out on Historical Complexes.
• Failing to deliver archaeological material or documents pertaining to an authorised excavation in due time when required to do so.
• The failure on the part of museums of delivering an updated inventory and record books, and records of deposits in due time when required to do so, and for not having their collections duly inventoried and recorded.
• Carrying out authorised interventions in an archaeological site without adopting the measures for protecting it and for breaches of the conditions established in the authorisation.
• Preventing inspections by the Administration.
• Failing to comply with the orders for executing conservation work on listed and inventoried assets, after being required to do so by the Administration.

Heavy sanctions, for

• Incurring repeatedly, on three or more occasions, infringements that have received light sanctions.
• Granting licences without prior authorisation by the administration and for breaches of the statutory conditions for obtaining a licence.
• Granting licences against the stipulations in an Architecture List of a Special Protection Plan for a Historical Complex, Historical Site or Archaeological Area.
• Failing to comply with the duty of conservation when this implies severe damage to a building and the offender has been warned of the effects of non-compliance.
• Not obeying orders to stay construction work, or unauthorised uses, within the deadline give for that purpose.
• Carrying out construction work and interventions on movable or unmovable assets without prior authorisation by the administration or in breach of the conditions for giving the authorisation. This does not apply to urgent conservation measures. In such cases, a request must be made to the Council of Tenerife for an expert to come to the site and authorise the construction work before 72 hours have elapsed. If the expert fails to arrive, it is construed that temporary permission is given.
• Conducting archaeological interventions without prior authorisation.
• Failing to stay construction work immediately upon a casual finding of archaeological ruins.
• Hiding casual archaeological findings from the Administration.
• Failing to communicate objects and collections of archaeological materials in one’s possession to the competent authority for any reason, for not handing them over in the cases set forth herein, and for trafficking in them.
• Performing mechanical manipulation or contact on cave engravings or paintings that cause damage to the graphics or their natural support, or removing them from their original locations.
• Failing to communicate removals that affect Assets of Cultural Interest where the assets were severely damaged owing to a lack of security during the removal.
• Non-authorised changes in the use of Assets of Cultural Interest that cause severe damage to the Asset concerned.
• Performing authorised interventions at an archaeological site without adopting the measures of protection or conditions stipulated in the authorisation, where the failure to take such measures causes severe damage to the archaeological goods.
• Non-compliance of the orders for carrying out conservation work on listed or inventoried Assets of Cultural Interest where the Administration has issued a order of compliance, providing that the asset is severely damaged owing to the non-compliance or delay in compliance.

Extremely heavy, for:

• Incurring repeatedly, on three or more occasions, infringements that have received heavy sanctions.
• Demolishing all or part of buildings that have been declared Assets of Cultural Interest, without prior permission.
• Deliberately destroying an archaeological site.
• Non-authorised changes in the use of Assets of Cultural Interest when the new use causes severe damage to the Asset concerned.
• Performing authorised interventions at an archaeological site without adopting the measures of protection or conditions stipulated in the authorisation, when the failure to take such measures causes very severe damage to the archaeological goods.
• Non-compliance of the orders for carrying out conservation work on listed or inventoried Assets of Cultural Interest when the Administration has issued a order of compliance, providing that the asset is very severely damaged owing to the non-compliance or delay in compliance.
• Granting a permit to demolish all or part of a building that has been declared an Asset of Cultural Interest or is listed, without prior permission by the administration or in breach of the conditions of the permission, when such permission is statutory, providing the action has already been carried out or has caused irreversible damage to an archaeological site.
• Granting a permit to demolish all or part of a building that has been declared an Asset of Cultural Interest or is listed, thereby contravening an Architecture List or a Special Protection Plan for a Historical Complex, Historical Site or Archaeological Area, providing the action has already been carried out or has caused irreversible damage to an archaeological site.

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Town Halls also have responsibilities in relation to historical heritage. Their functions are:

• Collaborate with the other Public Administrations in the tutelage of the historical assets of its municipality.
• Protect the municipal Historical Heritage, notifying the Government of Tenerife of the existence of threatening factors and adopting the necessary protective measures.
• Create Special Protection Plans (PEP) of historical collections, archaeological zones and historical sites, as well as municipal catalogues.
• Authorise works on historical collections with PEP in place.
• Propose initiatives to the Government on protection and conservation of municipal historical heritage.
• Promote the creation of municipal museums.
• Enhance and inform about municipal Historical Heritage.
• Collaborate with the Cabildo on the creation of Archaeological Parks.