Law 6/2011, from the 28th of July, amending the general law of spatial planning and urban development, of 29 December 2000, amended by law 8/2006, of June 21, given that the General Council in its session of 28 July 2011 has approved the following: Law 6/2011, from the 28th of July, amending the general law of spatial planning and urban development , 29 December 2000, amended by law 8/2006, of June 21 preamble the general law of spatial planning and urban development, of 29 December 2000, amended by law 8/2006, of 21 June, was relying on the urban development plans as tools of forecasting and channelling of the evolution of the territory. According to this, as have been approved the plans for planning and urbanism of the seven Andorran parishes (forward Poups). This is a complex process that, with these dimensions, has been a novelty in the historical evolution of the development of the national territory.
However, the practice developed since then has enabled us to detect problems of adaptation of Poups to reality that sought order, both to the existence of a strict regulation of the same, as also by the excessive rigidity of the procedures of adaptation.
However, the accelerated change of the real estate situation once approved the general planning instruments due to the economic crisis, has had a decisive impact on the construction sector and in the process of urbanization.
Aware of the need to ease regulation of the Poups and the procedures of modification of the same, as well as of the need to find mechanisms that atenuïn the effects of the current crisis, it has proceeded to modify time some provisions of the general law of spatial planning and urban development, leaving for later a deeper modification of the legal text, if it is thought appropriate. Modifications to the law are the following: inside of the measures designed to promote economic activity, this reform of the general law of spatial planning and urban development allows the deferral or payment in instalments of the amount of the financial transfers in the Commons, for the purpose of attenuating the initial economic costs involved in any process of urbanization. Do not alter the system for the transfer of the replacement land to transfer economic facilities, infrastructures and services groups that was already provided for in the same law, but introduces the possibility of postponing the payment cash, postponing or divided into larger the amount of the transfer, provided that they constitute a minimum guarantees, that the communal regulations will be able to expand and develop.
Within the measures aimed to ease regulation of Poups, introduces several specific modifications, in order to avoid that you can alter the model established in its day by the law and to promote the legal insecurity. Based on these principles, the present reform proceed to modify the essential content of the plan of arrangement and parish planning, keeping only within the same general systems of communication, the classification of the soil and the reservation of land for infrastructure, public facilities and services. And at the same time, consider the possibility of reviewing the plan, with exceptional character, provided that public interest justified reasons exist, the Government should assess and validate.
This exceptional possibility of review of Poup does not alter the model foreseen by the law in their day, according to which the general planning review process is only possible in the six years of the initial approval of the Poups and subsequently every four years.
With the variation of the essential content of the Poups, it is possible that will reinforce the procedures of modification of the same. The modification of Poup is a new declaration of will of the common that may involve a change in the rules in urban planning, construction and uses, as long as they do not alter the essential content such as have been defined with the reform. Have not been introduced variations in the procedure of modification of the Plans of planning and urbanism, but law remembers the mandatory of the report of the Technical Committee of urban planning.
However, and as a criterion measured change, this law introduces a new concept that corresponds to the alterations of minor significance of contents of Poup. This new feature allows to differentiate between mere corrections of errors and technical adjustments, and the modification of Poup. The settings between units of operation, adjustment of the alignment of roads, and the corrections of errors and not entail any alteration in arithmetic, warned none of the essential content, can be approved by common in any time and published in the OFFICIAL GAZETTE, without any other requirement that get mandatory technical Committee report previously urbanism.
The modification of the law also recognizes a case of change of planning and urbanism, in relation to the mandatory adaptation to national interest projects, sectoral plans with impact protection environments, supracomunal of goods of cultural interest, and any other instrument that the laws can be defined and imposed the obligation to adapt the Poup. The reform of the law regulates the procedure to be followed is the modification, even in those cases where the adaptation necessarily involves the alteration of essential content. This solves a problem with procedure figure who often have been found are common.
Within the framework of the reform of the fixed Law derived planning a period of three months from the approval of a partial plan, because the owners and the common raise to public deed of agreement, along with the descriptive plans that make up the new situation and the ownership of the property that is in the process of urban planning and land of compulsory transfer in favour of the ordinary , for the purpose of preventing the effective acquisition of the land cession in favor of local corporations will delay indefinitely. In the event of breach of the three-month period the common can unilaterally raise the development agreement in a public deed, impacting the cost to homeowners.
At present the preparation and approval of the development plan and the project of development of a unit of work are two consecutive processes, by imposing regulations. This obligation implies that the sequential administrative lengthen and become cumbersome. Paying attention to the fact that the substrate of a documentary and other license are closely linked, the modification of the law aims to facilitate planning activity by opening the door to be able to draw up and approve simultaneously the partial plan and the project of urbanization.
Finally, with regard to the facilities and buildings out of regulation, reform of the law reduces the scope of the legal limitations for interventions in buildings classified as out of sorting by alignment of the road, if the disagreement is less than 30 cm, allowing the rehabilitation of buildings except those involving increased volume or surface or a comprehensive reform of the building. This amendment is intended to provide a solution to a considerable number of existing buildings that are in a situation of off road alignment sort-with the severe limitations that such a situation carries with it-because of not being lined up by narrow margin-often a few centimeters-with respect to the General roads of the old alignments have been passed in the Commons, in order to articulate a solution , and at the same time promote the construction activity, allow the preservation of the Park estate, the modernization of commercial establishments and, ultimately, to boost economic activity.
The modifications introduced to the legal text should involve, necessarily, the consequent adaptation of the statutory regulations. Therefore, the present text states that the Government must proceed, within a maximum period of two months, to adjust the regulation, the regulation of urban construction and urban development Regulations to make them compliant with the reform of the law.
For this purpose, approves the law on modification of the law of spatial planning and urban development, of 29 December 2000, amended by law 8/2006, of June 21, with the following content: Article 1 Amendment of article 33 has added two new sections to the article 33, land of squeeze, with the following content: "6. Upon request of individuals affected the Commons can accept the postponement or the Division of the total amount of the loan when the economic squeeze and replace free land for infrastructure, equipment, collective services and public housing.
The postponement or Division of this amount will be awarded under the following conditions: a. The minimum 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 or an equivalent guarantee requirement, at first, about the whole amount due which will be returned if it has cleared the amount within the period and under the conditions laid down.
The Commons will be able to complete to Regulations the requirements required in these cases.
7. If in consolidated urban land you opt for 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 assignment shall be responsible for the economic development expanded. "
Article 2 Amendment 103 article Will modify the second and third paragraphs of article 103, review of the plan of arrangement and parish planning, which are written as follows: "2. The first review of the plan is available only at the end of 6 years, counted from the date of publication of his initial final approval. The following revisions are available every 4 years, counted from the date of the publication of the previous review.
Exceptionally, you may proceed to the review of the plan before the deadlines set out in the previous paragraph, provided that public interest duly justified reasons exist. It requires that the justification of the public interest is validated by the Government.
3. For the purposes of this article, are the essential content of the plan of arrangement and parish planning: General systems of communication, the classification of the soil and the reserves of land for infrastructure, public facilities and services. "
Article 3 Amendment 105 article modifies the article 105, modifications to the plan of arrangement and parish planning, which is worded as follows: "Article 105 modifications, corrections and adaptations of the plan of arrangement and parish planning 1. The changes of the content of the plan of arrangement and parish planning that does not involve alteration of any of the essential content will be carried out by the procedure of modification, that the common can start at any time.
2. The settings between units of operation, adjustment of the alignment of roads, and the corrections of errors and not entail any alteration in arithmetic, warned none of the essential content, does not require follow the procedure of modification of the plan of arrangement and parish planning. The common may be published at any time the settings between units of action, the adjustment of the alignment of roads and the corrections of errors, prescriptive of the technical Commission of urban planning.
3. Adaptation of the plan of arrangement and parish planning in projects of national interest, sectoral plans to issue supracomunal, environments for the protection of goods of cultural interest or other instrument established by the legislation that necessarily involves the adaptation of the plan, shall follow the procedure of modification, although essential contents vary. "
Article 4 Amendment 106 article modifies the first section of the article 106, the procedure of modification, which is worded as follows: "1. approve provisionally an amendment of the plan of arrangement and planning common Parish has published the provisional agreement and the justification that sustains, and must send it to the Government for prior approval. The Technical Committee of urban planning will issue mandatory report on the amendment. "
Article 5 Amendment of article 114 article 114 is modified, implementation in phases of partial plans, which is worded as follows: "Article 114 implementation of partial plans
The implementation of a development plan can be done in a single operation or in stages, through the presentation and approval of development projects.
The presentation and approval of the project of urbanization can be simultaneously to the approval of the development plan or special, in the form established by the regulations. "
Article 6 Amendment 122 article modifies the article 122, elevation in a public deed, which is worded as follows: "Article 122 Elevation to public deed to the relevant civil effects, within a maximum period of three months from the approval of a plan, the promoters of the plan, those others that are sticking then and the common rise public deed the development agreement accompanied by a copy of the Decree of approval and descriptive drawings that make up the new situation and the ownership of the property that is in the process of urban planning and land of compulsory transfer in favour of the ordinary. "
Article 7 Amendment 126 article modifies the first section of article 126, the regime out of ordering, which is worded as follows: "1. Buildings or facilities not agree not to be aligned with the layout of the road planning: in these cases is not awarded licenses for works of consolidation, increased volume or surface, or change of use. Only you can authorize the repairs necessary for the conservation of the building and which are required for the security, safety and compliance with the provisions of the law on accessibility.
In the event that the disagreement with the alignment of the road is less than 30 cm, can be granted licenses for works except for comprehensive reform of the building, increase of volume or surface. "
Article 8 Amendment 132 article modifies the first section, subparagraph a, of article 132, functions and competencies, which is worded as follows: "a) With mandatory, non-binding and subject to the approval of the Government, report with respect to the management plans and urban development of the parish and their revisions, modifications and changes to technical adjustments and corrections of errors. the plans and specific projects with supracomunal event, the guidelines for planning and the urban regulations, of urbanization and the construction proposed by the Ministry in charge of the land. "
Article 9 Amendment 136 article modifies the second paragraph of article 136, competence to grant licenses, which is worded as follows: "2. In dealing with actions planned in the sections numbers 6, 8, 11, 12 and 13 of the said article 134, before granting the license, the local Council must apply for and obtain a favourable report of the Ministry in charge of the land or the person in charge of the environment , as appropriate, or other ministries with specific competence by reason of the subject matter. "
First final provision the Government has approved in a maximum period of two months from the date of entry into force of this law the necessary modifications of the regulation town planning, building regulation and the Regulation of urbanization to make them in conformity with the present law.
Second 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, 28 July 2011 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 Nicolas Sarkozy President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra