Law 8/2006, of 21 June, amending the general law of spatial planning and urban development, of 29 December 2000 since the General Council in its session of June 21, 2006 has approved the following: law 8/2006, of 21 June, amending the general law of spatial planning and urban development, of 29 December 2000 preamble the general law of spatial planning and urban development was approved by the The General Council in the session of December 29, 2000, that is to say for more than five years, with the object of regulating the Organization of the territory and the land regime, urban planning and construction in the whole national territory.
The time elapsed since its approval, and especially the process of drafting on the part of Commons plans to planning and urbanism under the Law have highlighted the desirability of clarifying or modifying some aspects.
For this purpose, approves the law on modification of the law of spatial planning and urban development, of 29 December 2000, with the following content: Article 1 amendment of article 15 modifies the article 15 of the general law of spatial planning and urban development, of 29 December 2000 (hereinafter LGOTU), which is worded as follows Article 15: "the urban activity 1. The initiative and the direction of the town and country planning, the planning and the formulation of planning instruments correspond to the public administration.
2. The management of the development and implementation of the planning activity is promoted priority to private initiative, without prejudice to the exercise of the powers and the public powers established by article 4 of this law.
3. The public initiative has provided the character of subsidiary and, if applicable, is justified by the inaction of the private initiative in front of the general interest. ".
Article 2 amendment to article 19 modifies the article 19 of the LGOTU, which is worded as follows: "Article 19 urban development Guarantee the drafting and approval of a development plan or of a special plan, with appropriate assignments and delivery to the common land of squeeze, according to the forecasts of the present law, constitute a guarantee of benefits planning for owners interested , in conditions that are regulated in articles 34 to 37, although it does not run the urbanization works. ".
Article 3 amendment to article 24 adds a number 3 of article 24 of the LGOTU, with the following content: "3. Within the urban land, the management plans and town planning have consolidated urban land to distinguish between parish and not consolidated. The detailed planning of urban land is not ordinary form is carried out by means of the corresponding consolidated development plan or plan special. ".
Article 4 modification of article 25 modifies the article 25 of the LGOTU, which is worded as follows: "Article 25 consolidated urban land Are consolidated urban land, and so must be qualified by the plan of arrangement and parish planning, all those areas that have at least shot access and services of drinking water, wastewater evacuation or an approved system of water treatment , and supply of electricity, to serve the needs of the buildings or facilities provided by planning. ".
Article 5 Amendment of article 26 modifies the article 26 of the LGOTU, which is worded as follows: "Article 26 non-urban land consolidation Are consolidated not urban land land located in units of action classified as urban land, but still pending urban development. This urban land is graded as a consolidated when development works have been executed in accordance with the development plan or special planning, and has effectively, and at a minimum, all the services referred to in the previous article. ".
Article 6 Amendment 32 article modifies the point 2 of article 32 of the LGOTU, which is worded as follows: "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 7 Amendment 33 article modifies the point 5 of article 33 of the LGOTU, which is worded as follows: "5. The grounds given in the Commons as a result of the squeeze in this Law are excluded from the general scheme of the communal land, but can only be used in facilities, public spaces, housing, public and collective services provided for in the development plan or corresponding special.".
Article 8 Amendment of article 35 article 35 of the LGOTU is modified, which is worded as follows: "Article 35 scope of guarantee of urban exploitation 1. All terrains included in a partial plan of urban planning or in a special plan duly approved, once formalized the squeeze and made the delivery to the common, enjoy a guarantee of urban development in terms of their approval.
2. The guarantee of urban use is subject to the effective execution of the partial plan or special within the period of validity of the plan of arrangement and parish planning. If this does not occur, the use-planning will be defined according to the terms established by the plan of arrangement and planning reviewed.
3. The revision of the plan of arrangement and planning may not reduce the urban parameters and parish of construction below the application of a rate of 0.8 net floor area square metres of floorspace per square metre of soil and a maximum of 33% of the net area of the patch, in those areas that have obtained the guarantee of urban use. ".
Article 9 Amendment of article 36 article 36 of the LGOTU is modified, which is worded as follows: "Article 36 granting of the license of the guarantee of urban exploitation involves planning parameters and building fixation and that, once they have completed all the works and works of urbanization and provided that the construction project according to the forecasts of the partial plan or of the Special Plan was approved , the common grant the license of construction. ".
Article 10 Amendment of article 38 article 38 of the LGOTU is modified, which is worded as follows: "Article 38 undevelopable 1. Are undevelopable, and so must be qualified by the plans of planning and urbanism, land located in areas affected by
2. Are undevelopable land all of the common and the quarter-finals.
3. The Government establishes regulations, provided that the level of risk permits, the protection that must be necessarily to be carried out in order to make compatible the building in an area affected with certain protected buildings intended for specific uses, as well as the conditions and characteristics of construction of those buildings. These actions are always subject to a favourable report from the Government. ".
Article 11 Amendment of article 49 article 49 of the LGOTU is modified, which is worded as follows: "Article 49 Areas exposed to natural hazards 1. Are all exposed to natural hazards all geological and geotechnical studies as well as qualified and mapping of avalanche, landslide and other natural hazards held by the Government, which will be able to differentiate levels of dangerousness of the risk.
2. Are undevelopable land located in areas affected by natural risks of dangerous high that the Government has to qualify through the appropriate technical instruments. The remaining land constitute developable according to the level of danger set up by the Government and the protections that, when appropriate, may be necessary. ".
Article 12 Amendment of article 73 is added a new paragraph to article 73 of the LGOTU, read literally as follows: "4. in addition, the performance units will be able to incorporate land located in areas affected by natural risks, provided that they include a detailed study to justify protective measures sufficient to ensure the building.".
Article 13 Amendment of article 81 article 81 of the LGOTU is modified, which is worded as follows: "Article 81 Reserve of land for facilities, parking spaces, public spaces and public housing planning must anticipate, depending on the age pyramid and the forecast of growth of the population, the characteristics of the sectors of economic activity and its implementation in the parish territory , and taking into account the existing deficits in the current, reservations of land: 1. Reservation of land for green areas, parks, gardens and open spaces in the sufficient rate per capita and areas with the highest density of households. However, the proximity to communal land for construction not designed for accessible natural areas can influence the magnitude of this book so justified.
2. Cultural centers, educational and health in a proportion appropriate to the population, and grouped according to the modules needed to form complete units. Public and private centres will be calculated either, and at the time of placing them you have to take into account its ease of communication with the villages of houses.
3. public parking areas for vehicles in an appropriate ratio to resolve the parking and the rotation according to the vocation of each unit of action, and taking into account its residential, commercial, tourism, industrial or otherwise. The plans for planning and urbanism should take care to cover the structural deficits in the areas of consolidated building. In areas that are specifically designed for industrial uses or services, and depending on the needs arising from these uses, the Government, by sorting guideline, you can set higher reserves.
4. public housing, intended solely to the rental, according to social needs detected and scheduled programming in this sector. ".
Article 14 Amendment of article 96 article 96 is modified from the LGOTU, which is worded as follows: "Article 96 Set in the common public information makes public all the documents that made up the project of plan of arrangement and parish planning during a period of sixty days. All are administered, in days and working hours of Office, you can consult the general documentation of the plan and to obtain, by simple verbal request, any additional information that may be of interest. ".
Article 15 Amendment 98 article modifies the article 98 of the LGOTU, which is worded as follows: "Article 98 provisional Approval of the plan of arrangement and parish planning public information period Short, 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 days. Once done, the common provisional approval of the planning and urban development, and the parish Government refer to prior approval provided for in title I, article 10. ".
Article 16 Amendment of article 99 article 99 of the LGOTU is modified, which is worded as follows: "Article 99 prior approval of the Government 1. The Government approves the conformity of the proposed plan of arrangement and parish planning with the provisions of the present law, and delivers a favourable report or proposed common modifications required, duly justified on grounds of legality or territorial coordination supracomunal.
2. In any case, the silence of sixty days for the Government has a positive character and implies tacit approval. ".
Article 17 Amendment 108 article modifies paragraph b) of article 108 of the LGOTU, which is worded as follows: "Article 108 obligations of owners in a partial plan b) to carry out the transfer free of charge of the vials and of land for infrastructure, equipment and services groups, according to the provisions of this law, of which the common will take effective possession once they have been executed properly all works of urbanization , in which the common participates, only if is the owner of heritage land intended for uses other than those mentioned in article 33, on the percentage that you appropriate. ".
Article 18 Amendment of article 110 article 110 of the LGOTU is modified, which is worded as follows: "Article 110 obtain the urbanistic guarantee with deferred execution If the owners do not have the intention to bring in immediate execution, either in whole or in part, the development plan, but who are interested in the approval of the project for the purpose of obtaining the guarantee of urban exploitation provided for in article 34 to 36 , you can save the presentation of the documents mentioned in paragraphs 5 and 10 of the preceding article. The owners must submit
These documents in the communal approval, always conditioned to any revisions of the plan of arrangement and parish planning in accordance with the provisions of article 8 of this law, when choose the effective execution of the plan. ".
Article 19 Amendment of article 119 is added a new section to the article 119 of the LGOTU, which is worded as follows: "4. The reparcelling may be simply economic in the following cases: a) at the discretion of the ordinary, in units of the consolidated urban land performance of direct management.
b) by common agreement between the common and the owners, in units of operation of urban land is not consolidated and development located in areas where there is sufficient land demanials of Commons and quarts. ".
Final provision this law for the modification of the general law of spatial planning and urban development, of 29 December 2000, will come into force the day after its publication in the official bulletin of the Principality of Andorra.
Casa de la Vall, June 21, 2006 Joan Gabriel i Estany 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 Jacques Chirac President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra