Law 16/2012, of 31 July, amending the general law of spatial planning and urban development, of 29 December 2000, amended by law 8/2006, of 21 June, and by law 6/2011, July 28, since the General Council in its session of July 31, 2012, has approved the following : Act 16/2012, of 31 July, amending the general law of spatial planning and urban development, of 29 December 2000, amended by law 8/2006, of 21 June, and by law 6/2011, from July 28th exhibition of illustrations and the general law of spatial planning and urban development, of 29 December 2000, amended by law 8/2006 , June 21, and by law 6/2011, from 28 July, constitutes the framework of regulation of the different stages of urban planning and management. Planning focuses mainly on two stages, the urban planning and land use plans parish derivative (partial plans and specials). Urban management is structured in a series of steps that culminated in the granting of the license.
This reform of the law is based on three basic axes. The first aims to bring a determined stimulus construction sector and urban planning at a time of difficult economic situation, and to ensure, at the same time, that the modifications introduced are compatible with the sustainability of the environment and with the balanced development of the territory. The serious economic crisis that goes through Andorra affects in particular the construction sector and the professionals who are linked. To mitigate the severe social consequences, the public authorities have a responsibility to find formulas that allow them to promote economic reactivation. With the aim of providing a rapid response to this mission, the modification of the general law of spatial planning and urban development includes some major changes.
The second aims to relieve the processing of a number of construction licenses, and accommodate the procedures that are already applicable in other legal systems of our immediate environment. And the third axis is oriented towards updating the regulations and specify certain concepts in the points where the most recent experience has demonstrated this need.
It is, therefore, with the aim of achieving the purposes previously evoked that modifications have been introduced in the general law of spatial planning and urban development that are listed below.
As a criterion of general application, the legislative amendment provides some terminological clarifications and improving the writing of some provisions that had generated doubts in its application. In this sense, it is clear that the natural hazard maps have to be approved by the Government; and that changes the plans of planning and urbanism give rise to a second period of public exposure when they have produced substantial content alterations; and, finally, are updated and are converted into euros the amounts of the penalties for infringement urban planning.
It is also in this spirit to clarify some aspects appeared confused in the law and to provide flexibility and rationality to the squeeze, they have introduced some modifications of notable importance to the title II, which regulates the regime of the soil.
Indeed, in the first place, it is precisely the concept of consolidated urban land for the purposes of bringing his regime the criteria that has established the doctrine of the courts.
Secondly, extending the uses and types of construction that, under the license of temporary works, are allowed in the developable and non consolidated urban land without developing the derived planning, while also regulating the conditions that must be enabled to ensure that the volume of these new buildings to be moderate, which is integrated into the surroundings with a reduced density and that it does not hinder the development of the unit of work when it has to carry out. It allowed the construction of single family homes, building of rustic morphology for restaurants, stores and tourist accommodation types rural barks. This modification will give immediate departure to a detected in Andorran society, with the consequent positive impact on economic activity.
Thirdly, a transcendent certainly constitute compulsory rules concerning the easing and free, which affect both the scope of the assignment as the destination of the assets are transferred to the Commons. Indeed, on the one hand, it allows the Planner can be attributed, so motivated, in some units of action a squeeze free and more than fifteen percent (15%), which was the maximum ceiling set by the law, as long as the assignment is more than compensate them properly with urban use. The percentage of loan you can get in these cases up to thirty percent (30%). This amendment is intended to make possible the transfer of sufficient land surfaces that allow them to make works of infrastructure for collective equipments that require large amount of soil, after having ascertained that the majority of the units that make up the general planning of the parishes are reduced size.
On the other hand, extends the number of properties that can be passed on compulsory and free. So, without changing the general principle according to which the compulsory and free transfer takes place in the land, is introduced in certain cases the possibility that the assignment is made on land located in other units of action, and that will translate into real property other than land, in the same unit or in another. It also reflected the obligation of compulsory transfer of land can be satisfied in the consolidated urban land by the common of the economic equivalent of the value of the soil, how it effected in some cases determined on the basis of the modification of the general law of spatial planning and urbanism, June 21, 2006.
Another important modification that is introduced into the legal provision that regulates the mandatory and free of charge is the fate of the soil use of easing loan or the economic equivalent of the assignment, which allows the Commons to attend the construction of facilities, services and other groups, in addition to acquiring the land, as was already legally. The reform of the law also allows the transfer of land to private individuals concerned with the effects that build and explode facilities of public interest. Although this provision does not constitute a novelty, because this figure is already possible with the application of the current regulations on contracting with regard to the goods or rights of communal heritage, has been remarkable interest to complete the range of possibilities that are offered to local governments. With the combination of these measures exceeds the contradiction that I assumed that local governments could use the land loan, but not the resources to build state-of-use Group.
And finally, it requires that the grounds given in the Commons on the merits of the free compulsory and are integrated within the heritage assets of local corporations, saved the same general planning in advance, specifically, the destination as a collective Kit, free space or service group. This precision is intended to burn existing doubts about the legal nature of these assets, with the consequences inherent in accordance with the regulations stipulated in the administration.
Another inspiring axis of the modification of the law lies in the fact that foster the sustainable planning of the territory, the rationalization of the growth and the positioning of Andorra towards the development of future in a physical environment conducive. In this sense, it has modified the title IV of the law in two respects. On the one hand, establishes that the management plans and urbanism should define the circumstances that give rise to the revision in accordance with the criteria of environmental sustainability, territorial and economic, including the population, demographic growth forecast, the forecast of the economic progression, water, natural resources, infrastructure, mobility and the scenery, considering that on the basis of the first revision of the plans is no longer required to keep the building of the parish arising from the previous regulations in the general law of spatial planning and urban development. The mention in the landscape due to the recent ratification by Andorra of the European Landscape Convention. And on the other hand, will require the criteria of delimitation of the units of action, with the aim of facilitating the urban development.
With regard to title V, which regulates the procedure for drawing up and approval of management plans and town planning, the parish extends the time to review the plans, from 4 to 6 years, applicable to the second revision. This increase in the term is justified because the law 8/2011, from the 28th of July, amending the general law of spatial planning and urban development, was it possible to noticeably changes the plans of planning and urbanism that can be approved by procedure and, as a consequence, decreased the pressure that existed to review them. In this way, it accomplishes the goal of providing more stability, the model of development of the territory and provide a greater legal security to the owners, promoters and citizens in general.
In Title VI of the law on urban planning actions and the implementation of planning, you require and will define the terms for each of the procedures in which incurred processing of partial plans, with the aim to speed up and make more efficient the administrative procedure. This is evident with the establishment of positive silence if you once after a term common has not adopted a resolution expressed in relation to the approval of the project. In addition, it also modifies the article 119, it concerns the land subdivision, for the purpose of adapting the writing to which already has the new wording of article 33 of the legal code in relation with the economic equivalent of the value of the soil.
In Title VII this modification expands duties of use and conservation that impose the owners of plots of land, buildings and facilities of all kinds, with respect to all of the elements of the building, including the anchors and the protections that have been carried out to reduce natural risks, with the aim of completing the responsibilities derived from the duties of conservation of these facilities.
The granting of licenses and the protection of legality, the 9TH and 11th titles planned urban development of the law, including a series of modifications of remarkable importance related to the principle of simplification of the administrative procedures of the licenses and the streamlining of procedures, as well as the principle of optimization and saving the public resources.
In the performance of the first of the above principles it introduces a momentous change that affects the processing of a considerable number of building licenses. The relevance of change will bring about even alter the prevailing mentality in Andorra over the granting of building permits, because it substitutes the traditional comprehensive review of construction projects as an inescapable requirement for granting the license, to a new system in Andorra (although common in surrounding countries), which relies on the responsibility and the sense of professional architects and/or authorized technicians as the authors of the projects. In this way, for certain simple kinds of works (but many) moves to the architect and/or authorized technician, as the author of the project, the responsibility of the compliance of the same with the regulations in force, by sworn statements that have been present in the common. In this sense, the minor works, the works over reform, rehabilitation and the change of use of buildings, and the construction of new housing in areas where it is not necessary to carry out protection against natural hazards, will have license immediately, in accordance with the principle of administrative authorization in zero (0) days. Communal administrations and Government will have a period of three (3) months to review potestativament the conformity of the project to the rules of competence and, once this period has elapsed, the license shall be considered reviewed favorably if not expressly denied.
Within these new rules of procedure, takes a decisive importance for the issuance of affidavits by the architects and/or authorized technicians, as the authors of the constructive projects, which is why the new provisions provide that the erroneous or false affidavits are considered urban infringement, which may be subject to sanction by the common, under the terms of the law and in the exercise of the authority that will recognize the legal text. However, regardless of the penalty for copyright infringement planning, the architect and/or authorized technician, as the author of the project, it can be disabled by a professional during one (1) or two (2) years if the infringement arising from incorrect or false sworn statements urban is considered serious or very serious, respectively, in the terms established by law. And in this case, consistently with the law of habilitation for the professional, the case is commenced and resolved by the Government.
However, this amendment introduces a greater streamlining in the case of multifamily with a number less than fifteen, and semi-detached houses in the lower number to six, through the mechanism of the positive administrative silence. And therefore, the license shall be considered granted if not expressly refused within the period of three (3) months.
In the case of actions in undevelopable, it introduces a measure that streamlines the administrative procedure, because the positive silence for ministerial reports that fixes the law applicable until now extends to the whole of the procedure, under a total period of three months.
The second of the principles evoked above (optimization of resources) has his translation in the new regulations with the anticipation that the Commons could, if they see fit, mancomunar technical services of urbanism and construction.
The only additional provision that provides for the legal text affects the modification of the single transitional provision of law 9/2003, of 12 June, of the cultural heritage of Andorra. This modification is intended to relieve the restrictions of works in the provisional environments of real estate of cultural interest (until you are approved the final environments for the protection of architectural and urban planning criteria, and that the governed). Although it maintains the ban on new works and increase in volume, are allowed the rehabilitation, comprehensive reform, and those that are required for the security, safety and compliance with the rules governing accessibility. Likewise, you enter the benefit of positive administrative silence, so that the report of the Ministry of the culture it is understood that it is favorable to be saved to provide an express decision to the contrary.
A legislative novelty of remarkable importance, albeit with limited effects in time, it appears in the text that accompanies the transitional provision. The modification that introduces predicted that in consolidated urban land are common can be decreed a reduction of the percentage of compulsory transfer of soil (or its economic equivalent), up to the zero percent (0%), for requests made during a short period of time (9 months) or are in the course of processing at the time of entry into force of the legislative reform. The licenses that are host to this measure are subjected to a series of requirements of temporality, both in terms of their delivery as with regard to the beginning and the end of the document. The intent of the measure is to stimulate, immediately, the economy of the construction sector in the sense that it has already been evoked and it is for this reason that, likewise, is subjected to a brief and concrete deadlines. The brevity of the period and the streamlining of procedures leads to limited to three (3) months the term of administrative procedure of the projects that are host to this formula, with positive silence after this period.
It also provides for the repeal of the first final provision of the law 8/2012, on 17 may, the general law of the tourist accommodation of 30 June 1998, since the precepts contained in this provision, which allows the construction, in developable, of buildings for tourist accommodation of the type borda rural, without the need to develop a partial plan , are already included in the amendment that this law provides in article 30.
Finally, the draft amendment of the general law of spatial planning and urbanism the Government imposes the obligation to adapt the regulations that develop within a period of one (1) month, and posted in the same period the revised text of the law, given the many changes that have affected.
Article 1 amendment to article 25 modifies article 25, "consolidated urban land", which is worded as follows: "Article 25 consolidated urban land
Are the consolidated urban land, and must be qualified by the plan of arrangement and parish planning all terrains that have at least shot access, in accordance with the regulation of urbanization and of the services of drinking water, wastewater evacuation or an approved system of debugging, and public lighting and power supply, to serve the needs of the buildings or facilities provided by the planning. "
Article 2 amendment to article 27 modifies article 27, "regime of urban land", which is worded as follows: "1. The qualified land of urban land, the development of which have already been executed and that have, in fact, of all the services listed in article 25, are building immediately, in accordance with the conditions and the rules established for the respective performance unit Once you have obtained the right to build materialized by the building license.
2. While the consolidated not urban land has not been granted the status of urban consolidation, there are allowed, under the regime of temporary works and activities, in accordance with the sectoral regulations in force, the projects aimed at use of a single-family house, hotel use in the form of tourist accommodation of the type borda rural, in use of restoration in the form of rustic buildings, to use of the store, in the construction of huts and mountain style log cabins , and in the facilities of the forestry, agricultural and livestock activities, in the following terms: in) as long as they do not modify the natural profile of the terrain to the effects of the ground since the which applies the regulatory height.
b) provided that in the case of composite buildings as a maximum of ground floor, first floor and second.
c) as long as they do not exceed 150 square metres per floor, in works of new construction and 400 square metres per floor on existing buildings prior to the entry into force of the present law.
d) provided that in the case of buildings of traditional rustic character and which are integrated into the landscape.
e) are not allowed on the projects that may hinder the further development of the unit of action.
f) Each building must correspond to at least 3,000 square meters of land.
g) is not allowed to build new access through communal land.
h) the license includes the obligation of the holder of the authorization to demolish the building and cease the uses, without right to compensation, when it is appropriate to revoke it.
and Any domain transfer) or transfer of use of the property requires the cardholder to appear in the title the provisional nature of the construction license and not compensated for the revocation.
The Commons can fix in the management plans and more restrictive than the conditions indicated urbanism.
It also allows, in regime of temporary works and performances, the outdoor facilities for sports use, esportivorecreatiu, use protection and parking use linked to above. "
Article 3 article 30 Modification modifies the terms of paragraph 2 of article 30, "developable" scheme, which is worded as follows: "2. While non-developable has obtained the qualification of urban consolidation allowed the same performances of exception and under the same conditions as for the undevelopable.
Equally there are allowed, in regime of temporary works and performances, and in the same conditions, the works and actions indicated in paragraph 2 of the article 27. "
Article 4 Modification 32 article modifies the article 32, "use of urban land and development", which is worded as follows: "1. The use of urban land and site is at least eighty-five percent (85%) of the surface of each unit of action after having deducted the entire surface for road infrastructure according to the forecasts of the planning , except in the cases set forth in the second paragraph of section 1 of article 33.
2. The remaining percentage of land, meant necessarily collective facilities, public housing and public services, is compulsory and free for the transfer by the owners and in favour of the ordinary. "
Article 5 Amendment 33 article modifies the article 33, "land of the squeeze", which is worded as follows: "Article 33 Transfer compulsory and free of charge 1. Depending on the needs of collective facilities and services for the future or existing deficits, are common down to the parish and town planning management plans the percentages of ground squeeze, which can not be lower than the five percent (5%) or higher than fifteen percent (15%) of the properties, once granted the compulsory and free transfer of land for roads.
The plan of arrangement and parish planning can fix so motivated in a performance unit a percentage of compulsory transfer of land for facilities, services and public housing more than fifteen percent (15%), up to a maximum of thirty percent (30%). The plan compensates the owners more than the unit of assignment of land above fifteen percent (15%) in the form of urban use, in the same unit.
2. the management plans and urban development must necessarily impute parish the percentages of land to squeeze into the private properties that at the present time, by whatever title, are already occupied by equipment groups or urban green areas.
3. The common can accept justified the transfer of land for a different performance unit and the transfer of real property other than land located in the same unit of action or in another distinct performance unit, as long as they have a value equivalent to the field passed mandatory.
4. in consolidated urban land performance units are common can accept as a cession of land the economic equivalent of the value of the land passed mandatory.
5. The communes have to approve and make public, at least once every year, the value of each unit of action, with the specification of the application rules to determine the economic equivalent of the value of the land passed compulsory for each unit of work.
6. In the case of the replacement of existing buildings in urban areas well and old districts, it keeps the use of the soil to one hundred percent (100%).
7. The grounds given in the Commons as a result of the squeeze in this Law are integrated within the heritage assets of local corporations, saved that planning in advance the target as collective equipment, housing and public protection or public service group.
In the latter case, and in others which subsequent decision expressed or tacit, the land loan is affected to a public use or public service, these lands are included within the parish public domain goods but can only be allocated to equipment groups, public housing and public services.
8. With the request of the individuals affected, the Commons can accept the postponement or the Division of the total amount of the loan when the economic squeeze last replace free and land destined to infrastructure, collective facilities, public housing and public services.
The postponement or the Division of the amount mentioned is given under the conditions, the following: a minimum) the settlement of the total amount may not exceed the period of one year after the date of completion of the works.
b) it will request the formalization of a bank guarantee to the first requirement, or a guarantee which is equivalent, on the whole of the amount due, which will be returned if it has cleared the amount within the period and under the conditions laid down.
The Commons can complete by regulations the requirements required in these cases.
9. If a consolidated urban land you opt to make economic assignment, the value of the assignment will be counted according to the use you want to materialize according to the application of construction license. In the event of future construction license applications that increase the use, the value of the economic transfer corresponds to the use expanded.
10. The communes have to allocate the amounts obtained in the concept of economic transfer in the acquisition of land for the collective facilities, public housing and public services, and the construction of collective facilities, public housing and public services.
11. The common can assign, for a maximum period of fifty (50) years, the land use of squeeze in a particular because build and exploit a kit of public interest, under the conditions provided for the private use of goods in the public domain, always following the rules of advertising and competition. "
Article 6 Amendment 49 article modifies the paragraph 1 of article 49, "Areas exposed to natural hazards", which is worded as follows: "1. Are areas exposed to natural hazards all geological and geotechnical studies as well as qualified, and mapping of avalanche, landslide and other natural hazards that approve and publish the Government, subject to the procedure of relevant public information. These studies can differentiate dangerous levels of risk. "
Article 7 Modification of article 51 1. Modifies the section e) of article 51, "exceptional Performances in undevelopable", which is worded as follows: "e) in areas exposed to natural hazards, facilities or technical equipment that are destined exclusively to the protection of people and goods, and to the limitation of the same risk, and the changes of the land , the buildings and facilities intended for agricultural, livestock and forestry use or use of the warehouse, provided that a detailed study of the risk you assess vulnerability and ensure that it is reasonable, in accordance with criteria fixed by the regulations. "
2. Add a new paragraph 3 in article 51, "exceptional Performances in undevelopable", which is worded as follows: "3. The construction of huts and log cabins mountain type not aimed at permanent housing referred to the letter a) of paragraph 2 are allowed, under the regime of works and temporary actions, under the same conditions indicated in letters a) , b), c), d), f), g), h) and i) of paragraph 2 of article 27.
The facilities of the forestry, agricultural and livestock activities (type farms, livestock pens, corrals, barns, greenhouses and nursery), referred to in the letter a) of paragraph 2 are allowed, under the regime of works and temporary actions, under the same conditions indicated in letters a), b), d), f), g), h) and i) of paragraph 2 of article 27, provided they do not exceed 400 square metres per floor.
The Commons can fix in the management plans and more restrictive than the conditions indicated urbanism. "
Article 8 Amendment of article 62 article 62 is modified, "sectoral Plans with supracomunal event", which is worded as follows: "Article 62. Sectoral plans is meant by sectoral plan all projects of national interest the implementation of which affects the terms of two or more parishes. "
Article 9 Amendment of article 71 Will modify the sections h) and i) of article 71, "general Content of management plans and urban development", which are composed of the parish as follows: "h) protective measures that are adopted in relation to the landscape, the environment, conservation of nature, wildlife and ecosystems.
and a statement of the circumstances which, according to the be) coming from, when appropriate, make the review of the plan of arrangement on the basis of population parameters, the rate of population growth, the forecast of the increase in economic activity, water and other natural resources, existing and planned infrastructure, the existing and scheduled equipment, mobility requirements, the landscape, the image of the parish and other factors that contribute to. "
Article 10 Amendment 76 article modifies the article 76, "criterion in the establishment of the units of action", which is worded as follows: "the units of action, without prejudice to the necessary number of partial plans so that they can develop, will make up for that enable compliance with all the obligations and the rights of assignment, compensation, equal distribution and development of the whole of its surface , and is studied in such a way that it facilitates the urban development or that respond to objectives of general interest defined in the instruments of Government or of Commons. "
Article 11 Amendment 98 article modifies the article 98, "provisional Approval of the plan of arrangement and parish planning", which is worded as follows:
"Once you have exhausted the period of public information, the common analyses all the allegations, observations and proposals presented, the opportunity and the general interest which may deserve, and practiced the amendments required that estimates. If you agree to substantial modifications to the initial project, the common opens a second public information procedure for thirty (30) days. Once the public information process, and the approval of the provisional arrangement and town planning, and the parish Government refer to prior approval provided for in article 10. "
Article 12 Amendment of article 103 modifies the paragraph 2 of article 103, "review of the plan of arrangement and parish planning", which is worded as follows: "2. The first review of the plan can only be practised within six (6) years, counted from the date of publication of the final approval initial. The following revisions are available every six (6) years, counted from the date of the publication of the previous review.
Exceptionally, it may revise the plan before the deadlines set out in the previous paragraph, provided that there are reasons of public interest, duly justified. It requires that the justification of the public interest is validated by the Government. "
Article 13 Amendment 112 article modifies the article 112, "requirements for the approval", which is worded as follows: ' 1. The common verified on a maximum of three (3) months of the approval of the draft development plan with the forecasts of this law, the General Plan of urban development and planning and the parish of the affected performance unit.
2. If the project gets approval, the made public during a period of twenty (20) days. If you don't get approval, without prejudice to propose relevant amendments or rectifications to the owners, to deny approval.
3. During the period of public information, all administered may consult the project and eventually to formulate allegations and observations.
4. Before approving the common partial Plan must apply for and obtain a favourable report of the ministries with specific competence by reason of the subject matter. The ministries have a term of one month to issue reports.
5. In the case of obligatory participation of owners in the development plan, before approving it in common must apply for and obtain a favourable report of the Technical Committee of urban planning, under the terms of article 121.
6. Within a maximum of three (3) months from the end of the period of public information, the common analysing the allegations and observations received and, without prejudice to the owners propose corrections or amendments it may deem relevant, dictates the Decree of approval or denial.
7. The project will be considered approved in case it does not adopt a decision within a maximum period of seven (7) months from the filing of the application, or nine (9) months if you meet the requirements of section 5. "
Article 14 Amendment of article 119 modifies the section 4 of article 119, "Reparcelling", which is worded as follows: "4. The economic redistribution includes the economic equivalent of the value of the soil of squeeze and free of charge, under the terms established in article 33 of this law."
Article 15 Amendment 121 article modifies the section c) of article 121, "mandatory Participation in the drafting and approval of a development plan or special", which is worded as follows: "(c)) in both cases of the sections a) and b), when the partial plan or special has been drawn up, once the period of enclosure and public information before their final approval , the common refers to the Technical Committee of urban planning, which verifies the fair distribution of burdens and benefits from all of the owners, the compliance of the procedure with this law and, within a period of two (2) months, delivered a favourable or unfavourable motivated. "
Article 16 changes in the name of the title VII modifies the name of the title VII, "buildings and facilities out of regulation, duties of conservation and State of ruin", which is worded as follows: "Title VII. Duties of use and conservation, State of ruin and buildings and facilities out of "Article 17 Modification of article 127 modifies paragraph 2, which happens to be numbered as 3, and adding two new sections, the first of which takes the number of 2, of article 127," Duties of use and conservation ", with the following content:" 2. The owners of the buildings and the facilities are responsible for the inspection , the maintenance and the repair of all the elements of the building executed in under the license or licenses of construction, including the specific protections against natural hazards and the stabilization of the ground anchors. This responsibility must be in all the Scriptures domain transmission.
3. The common, upon learning of any irregularity or of conservation referred to paragraphs 1 and 2 of this article, you have to order the owner of the execution of the works necessary in order to preserve the conditions of safety, health and hygiene, with indication of the timetable.
4. If, within the deadline established, the owner did not execute the orders the common, it does the same to account and the responsibility of the owner. "
Article 18 Amendment 134 article modifies the section 4 of article 134, "acts subject to license", which is worded as follows: ' 4. works intended for uses of provisional and temporary nature. Are provisional uses are allowable in non-urban land consolidation and land development that has not yet acquired the classification of urban land consolidation. Are temporary uses are authorized by a brief and limited, in accordance with the criteria established by the regulations. "
Article 19 Amendment 135 article adds a new section in article 135, "minor works", with the following content: "7. Other works of little relevance, not necessarily located in a building, such as detailed in the rules of construction."
Article 20 Amendment 136 article modifies the terms of paragraph 2 of article 136, "competition to grant licences", which is worded as follows:
"2. For the actions provided for in article 134, before granting the license the common must apply for and obtain a favourable report of the ministries with specific competence by reason of the subject matter, except in the cases provided for in paragraph 4 of article 137."
Article 21 Amendment of article 137 will be added a new paragraph in section 1 letter a) of article 137, "compliance with the law", with the following content: "planning for the purpose of verifying the applications of urban licenses and to inform it, two or more common may mancomunar technical services."
Article 22 Amendment of the article 137 modifies paragraph 3 and added a new paragraph 4 to article 137, "Compliance with the law, with the following content:" urban "3. In the actions relating to new buildings for multifamily, a number less than fifteen (15) households; or the construction of terraced houses townhouses, a number of less than six (6), the license is deemed granted if, within a period of three (3) months, it is not expressly denied.
4. in the proceedings relating to minor works, major works of renovation and rehabilitation of buildings, the resulting from changes of use or in the temporary or permanent construction, building new houses in areas that do not require protection against natural hazards, the licenses are replaced by sworn statements, in accordance with the current regulations, signed by the architect and/or technical , as the author of the project, under his own responsibility. The applicant must file the affidavits in front of the ordinary.
In these cases, the granting of the license is immediate. The common and the Government have a period of three (3) months of the date of grant of the license, to review, potestivament, the request. The license is considered favourably reviewed if, within a period of three (3) months, it is not expressly denied. For the purpose of allowing the eventual review of the request, the local Council has to inform immediately the Government of granting the license.
In case of detecting contravencions to the rules, the works must be stopped immediately and the construction project and the license must be modified by the owner.
If the actions are partially incompatible with planning regulations applicable, the holder of the licence is obliged to proceed with the renovation work in the period indicated the common. Once this period has elapsed, you should act according to the provisions of the following paragraph.
If the actions are incompatible with the rules of law applicable, the common urban the nullity of the license, and orders the demolition and the return of the things in the previous state. "
Article 23 Amendment 139 article modifies the section 4 of article 139, "procedure for authorization for performances in undevelopable", which is worded as follows: "4. The silence of two (2) months by the corresponding Ministry in presupposes the tacit approval and empowers the common to resolve the request in the sense that it considers more according to your parish plan. The silence of three (3) months from the submission of the common application has positive character and signifies the tacit approval. "
Article 24 Amendment of article 155 is added a new section to the article 155, "Classes of offences", with the following content: "5. In the framework of the procedure regulated in paragraph 3 of article 137, the signing of the affidavit in accordance with the rules and regulations incurs falsity, is considered to be very serious, severe or mild urban infringement depending on the classification of the offence."
Article 25 Amendment 157 article adds a new section to the article 157, "persons responsible", with the following content: "4. In the case provided for in paragraph 5 of article 155, is sanctioned for copyright infringement the architect urban planning and/or authorized technician, as a signatory of the sworn statement, incur falsehood."
Article 26 Amendment of article 158 modifies the article 158, "Penalties", which is worded as follows: "Article 158 Penalties infringements are sanctioned with fines following: a very serious Offences), fine from € 50,001 to 100,000 €.
(b) Serious Offences), fine from € 5,001 up to 50,000 €.
c Minor Offences), fine from 1,000 € to 5,000 €.
In the case provided for in paragraph 5 of article 155, ultra the imposition of economic sanctions, and the architect and/or authorized technician, as a signatory of the project, it will be disabled in order to exercise the liberal profession for two (2) years in the case that the affidavit that incurs very serious falsehood constitutes an infringement, and for one (1) year if it constitutes a serious violation. The transcript will be commenced and resolved by the Government. "
Sole additional provision amendment of the transitional provision of law 9/2003, of 12 June, of the cultural heritage of Andorra modifies the transitional provision of law 9/2003, of 12 June, of the cultural heritage of Andorra, which is written as follows: "transitional provision 1. As long as you have not been expressly defined, declared monuments protection environments are considered under the first additional provision the spaces included within a radius of one hundred meters from the outer perimeter of the monument.
2. While it is not dictate corresponding demarcation decrees, or while not approved the decree that set the architectural and urban planning criteria that should govern the interventions in the environment of protection under the terms of article 12.2, cannot make any new construction or extension of volume, in the environments defined in paragraph 1. Once it passed the decrees mentioned, apply the criteria that are established.
There are, however, permitted the rehabilitation, comprehensive reform of the buildings, as long as they do not involve an increase in volume; and also of conservation and those that are required by the security, safety and compliance with the law on accessibility.
3. In the case set forth in the previous section, the favourable report of the services of Cultural heritage is considered granted if, within a period of two (2) months has not issued an unfavourable report duly motivated. In this case, the services of Cultural heritage should identify, in detail, the elements of the project that should be subject to modification.
4. The interventions in the real estate that are contained within the environments defined in paragraph 1 must follow the procedure provided for in article 18 of this law. "
Sole transitory provision for a period of one (1) month from the entry into force of this law, the common consolidated urban land can be declared in the temporary reduction of the percentage of compulsory transfer of land for collective facilities, public housing and public services, and its economic equivalent to a zero percent (0%).
Are subject to the reduction of construction licenses that meet all the requirements listed below: a) the applications for construction are presented in common within a period of nine (9) months from the date of publication in the OFFICIAL GAZETTE of the communal decree that establishes the reduction, or that are in the course of the administrative procedure at the time of the date of publication in the OFFICIAL GAZETTE of the communal decree that establishes the reduction.
b) that licenses from within a period of three (3) months from the date of filing of the application in the common construction.
c) That the work be started within a maximum period of three (3) months from the date of grant of the license.
d) That the works are carried out in the period of execution provided for in the license, without right to overtime and that in no case exceed a period of three years.
In the event that a license has been hosted to the reduction of the percentage of compulsory transfer of land and the execution of the work fails to meet the points c) or d), the local Council must prescribe the suspension of the license until the owner makes the compulsory transfer of land in common, or paid the economic equivalent, without reduction.
For building applications submitted within the deadlines set out in section a), the license is deemed granted if within a period of three (3) months is not expressly denied.
Repealing provision derogates the first final provision of the law 8/2012, on 17 may, the general law of the tourist accommodation of 30 June 1998, as well as all rules or provisions of equal or lower rank that conflict with or versus offline the provisions of this law.
First final provision is responsible to the Government that, within a maximum period of one (1) month from the date of entry into force of this law, published in the official bulletin of the Principality of Andorra, by Legislative Decree, and the revised text of the articles and of the transitional provisions of the general law of spatial planning and urban design, including all modifications provided by this law.
Second final provision the Government has to approve within a maximum period of one (1) month from the date of entry into force of this law, the amendments to the town planning Regulation, the regulation of construction and urban development regulations that are necessary to adapt them to the law.
Third final provision this law shall enter into force the day after being published in the official bulletin of the Principality of Andorra.
Casa de la Vall, 31 July 2012 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Joan Enric Vives Sicília François Hollande Bishop of Urgell, President of the French Republic Co-prince of Andorra Co-prince of Andorra