Official Journal No. 43.091 of 24 July 1997
Official Journal No. 43,127 of 12 September 1997
By which the Law 9th of 1989 is amended, and the Law 3ª of 1991 and other provisions are dictated.
OBJECTIVES AND GENERAL PRINCIPLES
ARTICLE 1o. OBJECTIVES. This law has objectives:
1. To harmonize and update the provisions contained in Law 9 of 1989 with the new rules laid down in the Political Constitution, the Organic Law of the Development Plan, the Organic Law of Metropolitan Areas and the Law for the creation of Environmental National System.
2. The establishment of the mechanisms that allow the municipality, in exercise of its autonomy, to promote the management of its territory, the equitable and rational use of the soil, the preservation and defense of the ecological and cultural heritage located in its territorial scope and the prevention of disasters in high-risk settlements, as well as the execution of efficient urban actions.
3. To ensure that the use of land by its owners is in line with the social function of property and allows the constitutional rights to be made effective in housing and public services, and to ensure the creation and the defence of public space, as well as the protection of the environment and the prevention of disasters.
4. Promote the harmonious concurrency of the Nation, the territorial entities, the environmental authorities and the administrative and planning authorities and authorities, in the fulfilment of the constitutional and legal obligations that they prescribe the State the order of the territory, in order to achieve the improvement of the quality of life of its inhabitants.
5. To facilitate the implementation of integral urban actions, in which the initiative, the organization and the municipal administration with the national urban policy, as well as with the efforts and resources of the entities, converge in a coordinated way. responsible for the development of such a policy.
ARTICLE 2o. PRINCIPLES. The order of the territory is based on the following principles:
1. The social and ecological function of the property.
2. The prevalence of the general interest on the particular.
3. The equitable distribution of burdens and benefits.
ARTICLE 3o. PUBLIC FUNCTION OF URBANISM. The order of the territory constitutes as a whole a public function, for the fulfilment of the following purposes:
1. Allow inhabitants to access public roads, transport infrastructure and other public spaces, and their destination for common use, and to make the constitutional rights of housing and public services in their homes effective.
2. To attend to the processes of change in the use of the soil and to adapt it in the interest of the common interest, seeking its rational use in harmony with the social function of the property to which it is inherent an ecological function, seeking the development sustainable.
3. To promote the improvement of the quality of life of the inhabitants, the equitable distribution of the opportunities and the benefits of the development and the preservation of the cultural and natural heritage.
4. Improve the security of human settlements in the face of natural hazards.
ARTICLE 4. DEMOCRATIC PARTICIPATION. In the exercise of the different activities that make up urban planning, municipal, district and metropolitan administrations should encourage the coordination of social, economic and social interests. urban development, through the participation of the people and their organizations.
This concertation will aim to ensure the effectiveness of public policies in relation to the needs and aspirations of the various sectors of economic and social life related to the management of municipal territory, taking into account The principles outlined in article 2of this law are counted.
Citizen participation may be developed through the right of petition, the holding of public hearings, the exercise of the enforcement action, the intervention in the formulation, discussion and execution of the planning and management plans. in the processes of granting, modifying, suspending or revoking the urban licenses, in the terms established in the law and its regulations.
MUNICIPAL TERRITORY ORDERING
ARTICLE 5o. CONCEPT. The management of the municipal and county territory includes a set of political-administrative and physical planning actions undertaken by the municipalities or districts and metropolitan areas, in the exercise of the function This is a matter for the public, within the limits set by the Constitution and the laws, in order to have efficient instruments to guide the development of the territory under its jurisdiction and regulate the use, transformation and occupation of the space, in accordance with socio-economic development strategies and in harmony with the environment and historical and cultural traditions.
ARTICLE 6o. OBJECT. The order of the municipal and district territory aims to complement economic and social planning with the territorial dimension, to rationalize the interventions on the territory and to guide its development and sustainable use by:
1. The definition of the territorial strategies of use, occupation and land management, according to the economic, social, urban and environmental objectives.
2. The design and adoption of the instruments and procedures of management and action that will allow to execute integral urban actions and to articulate the sectoral actions that affect the structure of the municipal or district territory.
3. The definition of the programs and projects that concretize these purposes.
The management of municipal and county territory will be done taking into consideration inter-municipal, metropolitan and regional relations; it must address the conditions of ethnic and cultural diversity, recognizing pluralism and respect the difference; and it will incorporate instruments that allow the dynamics of territorial transformation to be regulated in order to optimize the use of natural and human resources for the achievement of decent living conditions for the current population and future generations.
The public function of the municipal or district territory is exercised through the urban planning of the district and municipal entities, referring to the administrative decisions and the urban actions that they are responsible for. These are related to the management of the territory and to the use of soil. These are urban actions, among others:
1. Classify the territory in urban, rural and urban expansion.
2. To identify and identify the characteristics of the transport infrastructure, the local public services, the disposal and treatment of solid, liquid, toxic and hazardous waste and the equipment of services of interest public and social, such as schools and hospitals, airports and similar places.
3. To establish the zoning and location of production centers, tertiary and residential activities, and to define the specific uses, intensities of use, compulsory disposals, percentages of occupation, classes and uses of the buildings and other urban standards.
4. To determine free spaces for parks and public green areas, in proportion to the collective needs.
5. Determine the non-urbanizable areas that present risks for the location of human settlements, due to natural threats, or otherwise present unsanitary conditions for housing.
6. To determine the characteristics and dimensions of the urban performance units, in accordance with the provisions of this law.
7. To qualify and locate land for the construction of houses of social interest.
8. To qualify and determine land as the object of development and priority construction.
9. Direct and carry out the execution of infrastructure works for transport, public service homes and public facilities, directly by the public entity or by mixed or private entities, in accordance with the laws.
10. Expropriate the land and the improvements the acquisition of which is declared to be of public utility or social interest, in accordance with the provisions of the law.
11. Locate critical areas of recovery and control for disaster prevention, as well as areas for conservation and landscape recovery.
12. To identify and characterize the ecosystems of environmental importance of the municipality, in agreement with the environmental authority of the respective jurisdiction, for their adequate protection and management.
13. To determine and reserve land for the expansion of urban infrastructure.
14. All the others that are consistent with the objectives of the territory's order.
15. 192 of Law 1450 of 2011. The new text is as follows: > Identify and locate, when required by the national authorities and after consultation with them, the soils for the basic strategic military and police infrastructure for the attention of the needs of National security and defence.
PARAGRAFO. The urban actions planned here must be contained or authorized in the plans of territorial planning or in the instruments that develop or complement them, in the terms foreseen in the present law.
TERRITORIAL ORDER PLANS
ARTICLE 9o. TERRITORIAL PLANNING PLAN. The territorial planning plan that municipalities and districts shall adopt in application of this law, as referred to in article 41 of Law 152 of 1994, is the basic instrument for developing the process of ordering municipal territory. It is defined as the set of objectives, guidelines, policies, strategies, goals, programs, actions and norms adopted to guide and manage the physical development of the territory and the use of the soil. The plans for the territory of the territory shall be referred to as:
(a) Territorial planning plans: developed and adopted by the authorities of the districts and municipalities with a population of more than 100,000 inhabitants;
b) Basic territorial planning plans: developed and adopted by the authorities of the municipalities with population between 30,000 and 100,000 inhabitants;
c) Territorial planning schemes: elaborated and adopted by the authorities of the municipalities with a population of less than 30,000 inhabitants.
PARAGRAFO. When this law relates to plans for territorial planning, it is understood that it includes all the types of plans provided for in this article, except where its specific point of view is made plan referred to in subparagraph (a) of this Article.
ARTICLE 10. DETERMINING THE TERRITORIAL PLANNING PLANS. In the elaboration and adoption of their territorial planning plans, the municipalities and districts must take into account the following determinants, which constitute higher standards. hierarchy, in their own fields of competence, in accordance with the Constitution and laws:
1. Those related to the conservation and protection of the environment, natural resources and the prevention of natural hazards and threats, as follows:
(a) The guidelines, rules and regulations issued in the exercise of their respective legal powers, by the entities of the National Environmental System, in the aspects related to the spatial planning of the territory, in accordance with Law 99 1993 and the Code of Natural Resources, such as the limitations arising from the status of zoning for the proper use of the territory and the national regulations on the use of the soil in respect of its environmental aspects;
b) Regulations on the conservation, preservation, use and management of the environment and renewable natural resources in marine and coastal areas; the provisions produced by the Regional Autonomous Corporation or the environmental authority of the respective jurisdiction, in respect of the reservation, alindement, administration or subtraction of the integrated management districts, the land conservation districts, the forest reserves and natural parks of a regional nature; the rules and guidelines for the management of river basins issued by the Corporation Regional Autonomous Region or the environmental authority of the respective jurisdiction; and guidelines and standards issued by environmental authorities for the conservation of areas of special ecosystemic importance;
(c) The provisions governing the use and operation of the areas in the system of national natural parks and national forest reserves;
d) Policies, guidelines and regulations on the prevention of natural hazards and threats, the identification and location of risk areas for human settlements, as well as strategies for the management of areas exposed to threats and risks natural.
2. The policies, guidelines and regulations on conservation, preservation and use of the areas and buildings considered as cultural heritage of the Nation and the departments, including the historical, artistic and architectural, according to the relevant legislation.
3. The identification and location of the basic infrastructure related to the national and regional road network, ports and airports, water supply, sanitation and energy supply systems, as well as the guidelines for their systems areas of influence.
4. The territorial planning components of the integral metropolitan development plans, as soon as they relate to metropolitan events, as well as the general rules that establish the objectives and criteria defined by the In the case of the Federal Republic of Germany, the Court of Justice of the European Communities, in accordance with the provisions of Law 128 of 1994 and this Law.
ARTICLE 11. COMPONENTS OF THE TERRITORIAL PLANNING PLANS. The territorial planning plans shall include three components:
1. The overall component of the plan, which will be made up of long-term objectives, strategies and structural content.
2. The urban component, which will be constituted by policies, actions, programs and norms to channel and manage urban physical development.
3. The rural component, which will be constituted by the policies, actions, programs and norms to guide and guarantee the proper interaction between the rural settlements and the municipal header, as well as the convenient use of the soil.
ARTICLE 12. CONTENT OF THE GENERAL COMPONENT OF THE ORDERING PLAN. The general component of the ordering plan must contain:
1. The long and medium term territorial objectives and strategies that will complement, from the point of view of territorial management, municipal and district development, mainly in the following aspects:
1.1 Identification and location of the actions on the territory that make it possible to organize and adapt it for the use of its comparative advantages and its greater competitiveness.
1.2 Definition of the strategic territorial actions necessary to ensure the achievement of the economic and social development objectives of the municipality or district.
1.3 Adoption of long-term policies for the occupation, exploitation and management of soil and the set of natural resources.
2. Structural Content, which must establish, in development and concretion of the aspects mentioned in the first article of this article, the urban-rural and intra-urban structure that is sought to be reached in the long term, with the corresponding identification the nature of the infrastructure, communication networks and services, as well as other large scale elements or structural equipment. In particular they shall specify:
2.1 The communication systems between the urban area and the rural area and their articulation with the respective regional systems.
2.2 The pointing out of reserve areas and measures for the protection of the environment, conservation of natural resources and the defense of the landscape, in accordance with the provisions of Law 99 of 1993 and the Code of Natural Resources, as well as of the areas of conservation and protection of the historical, cultural and architectural heritage.
2.3 The determination and location of areas that present a high risk for the location of human settlements, due to threats or natural hazards or unsanitary conditions.
2.4 The location of basic activities, infrastructure and equipment to ensure adequate functional relations between settlements and urban and rural areas.
2.5 The classification of the territory in urban, rural and urban expansion, with the corresponding fixation of the perimeter of the urban land, in the terms in which these categories are defined in Chapter IV of this law, and following the guidelines of the regulations of the Ministry of the Environment in terms of land use, exclusively in environmental aspects and in accordance with the objectives and criteria defined by the Metropolitan Areas in the (a) compulsory general rule, in the case of the municipalities in which they are integrated
PARAGRAFO 1o. For the purposes of the application of the rules set out here, the urban-rural and intra-urban structure shall be understood as the model of occupation of the territory which generally lays down the strategy of location and spatial distribution of the activities, determines the major infrastructures required to support these activities and establishes the characteristics of the road communication systems that will ensure the smooth interaction between those spatially separated activities.
PARAGRAFO 2o. In compliance with the constitutional mandate contained in article 367 of the Political Constitution, and in order to prevent there being no urban areas without The possibility of coverage of public service homes, in future the urban perimeter will not be greater than the so-called perimeter of services.
PARAGRAFO 3o. 190 of Decree 19 of 2012. The new text is as follows: > When there are inconsistencies between the agreement that the territorial planning plan adopts and its official mapping, it will prevail in the text of the agreement and will be the responsibility of the mayor. municipal or district, or the entity delegated for the purpose, to correct the cartographic inconsistencies, provided that they do not involve modification to the articulated of the Territorial Ordinance Plan.
In the administrative act that performs the cartographic precision, the urban norms applicable to the area object of the precision will be defined, based on the provisions of the Plan of Territorial Ordinance and its regulations. Once the administrative act has been issued, it must be registered in all the plans of the official mapping of the corresponding plan and its regulatory and complementary instruments. This provision shall also be applicable in order to specify official cartography where detailed studies allow the legal, physical, geological and morphological conditions of the land to be determined more accurately.
ARTICLE 13. URBAN COMPONENT OF THE PLANNING PLAN. The urban component of the territorial planning plan is an instrument for the administration of the development and occupation of the physical space classified as urban land and urban expansion ground, which integrates medium and short-term policies, procedures and management tools and urban standards. This component must contain at least:
1. The medium and short term policies on urban land use and occupation and expansion areas, in harmony with the long-term structural model adopted in the general component and with the forecasts on transformation and growth space of the city.
2. The location and dimensioning of the infrastructure for the road system, transport and adequate intercommunication of all urban areas and the projected for the areas of expansion; the availability of primary and secondary networks public services in the short and medium term; the planned location for collective equipment and free spaces for parks and public green areas of urban or zonal scale, and the marking of free urban disposals corresponding to those infrastructures.
3. The delimitation, in urban land and urban expansion, of the areas of conservation and protection of natural resources, landscape and urban, historical and cultural assemblies, in accordance with the general legislation applicable to each case and the specific rules that complement them in this law; as well as the areas exposed to natural hazards and risks.
4. The determination, in urban land and urban expansion, of the areas covered by the different treatments and urban actions.
5. The medium-term strategy for the development of housing programs of social interest, including those for comprehensive improvement, which will include guidelines and parameters for the location in urban and urban areas, of land necessary to meet the demand for housing of social interest, and the marking of the corresponding management instruments; as well as the mechanisms for the relocation of human settlements located in areas of high health risk and integrity of its inhabitants, including the strategy for its transformation to avoid its new occupation.
6. The strategies of growth and rearrangement of the city, defining its priorities, and the criteria, guidelines and parameters for the identification and declaration of the buildings and grounds of development or priority construction.
7. The determination of the characteristics of the urban performance units, both within the urban area and within the expansion ground when there is a place, or in its absence the identification of the criteria and procedures for its characterization, delimitation and subsequent incorporation.
8. The specification, if any, of the nature, scope and area of operation of the macro-projects whose promotion and implementation is envisaged in the short or medium term, together with the definition of their general management guidelines and financing, as well as the issuing of the authorizations to undertake the activities necessary for its implementation.
9. The adoption of guidelines and parameters for the formulation of partial plans, including the definition of urban actions, actions, financing instruments and other applicable procedures in the areas subject to urbanization or urban operations by means of such plans.
10. The definition of the procedures and instruments of management and urban performance required for the administration and implementation of policies and decisions adopted, as well as of the general criteria for their convenient implementation, with the provisions of this law, including the adoption of instruments to finance urban development, such as municipal or district participation in the capital gain, the issuance of additional construction rights and and the other provisions laid down in Law 9 of 1989.
11. The issuance of urban norms in terms and according to the scope of the article 15 of this law.
ARTICLE 14. RURAL COMPONENT OF THE PLANNING PLAN. The rural component of the territorial planning plan is an instrument to ensure the proper interaction between the rural settlements and the municipal government, the convenient use of the rural land and public actions aimed at providing basic infrastructure and equipment for the service of rural residents. This component must contain at least:
1. The medium and short term policies on land occupation in relation to the human settlements located in these areas.
2. The marking of the conditions of protection, conservation and improvement of the areas of agricultural, forestry or mining production.
3. The delimitation of the areas of conservation and protection of natural, landscape, geographic and environmental resources, including the areas of threats and risks, or that are part of the systems of provision of public services direct or final disposal of solid or liquid waste.
4. The location and size of areas identified as sub-urban, with the precision of the maximum intensities of occupation and permitted uses, which must be taken into account in the light of their low-density occupation status, with the possibility of providing drinking water and sanitation services, in harmony with the conservation and protection of natural resources and environment.
5. The identification of rural towns and the adoption of the necessary forecasts to guide the occupation of their soils and the adequate provision of basic services and social equipment infrastructure.
6. The determination of the supply systems for the drinking water and basic sanitation services of rural areas in the short and medium term and the planned location for health and education facilities.
7. The issue of rules for the parcelation of rural lands destined for rural housing, which will have to take into account the agrarian and environmental legislation.
ARTICLE 15. URBAN STANDARDS. 1 of Law 902 of 2004. The new text is as follows: > Urban norms regulate the use, occupation and exploitation of the soil and define the nature and consequences of the urban actions indispensable for the administration of these processes. These standards will be hierarchized according to the prevalence criteria specified here and in their content the procedures will be established for their revision, adjustment or modification, in line with what is outlined below.
In any case, the municipalities that integrate metropolitan areas will have to adjust in their determination to the objectives and criteria defined by the Metropolitan Board, in the matters of their competence.
1. Structural planning rules
These are the ones that ensure the achievement of the objectives and strategies adopted in the overall component of the plan and in the medium-term policies and strategies of the urban component. They prevail over the other rules, in the sense that the regulations of the other levels cannot be adopted or modified in contravention of what is established, and their own modification can only be undertaken on the occasion of the review. general plan or exceptionally at the initiative of the municipal or district mayor, based on duly substantiated technical reasons and studies. Structural rules therefore include, inter alia:
1.1 Those that classify and delimit soils, in accordance with the provisions of Chapter IV of this Law.
1.2 Those that establish areas and define actions and urban treatments related to the conservation and management of urban and historical centers; those that reserve areas for the construction of primary networks of road and road infrastructure public services, which reserve free spaces for parks and green areas of urban and zonal scale and, in general, all those relating to public space linked to the level of long-term planning.
1.3 Those that define the characteristics of the units of action or those that establish criteria and procedures for their characterization, delimitation and subsequent incorporation, including those that adopt management procedures and instruments to guide, promote and regulate the urban development actions linked to its development.
1.4 Those that set guidelines for the formulation and adoption of partial plans.
1.5 Those that define the areas of protection and conservation of natural and landscape resources, those that delimit areas of risk and in general, all that concern the environment, which in no case, except in that of the review of the plan, they will be modified.
2. General urban standards
These are those that allow to establish uses and intensity of land uses, as well as performances, treatments and procedures for the development, urbanization, construction and incorporation into the development of the different areas within the urban perimeter and expansion ground. They therefore grant rights and impose urban obligations on land owners and their builders, together with the specification of the instruments to be used to contribute effectively to the objectives of the urban development and to cover the costs of such a definition of rights and obligations.
Because of the medium-term validity of the urban component of the plan, the opportunity of its review and update should also be established, and the general reasons that the mayor's initiative will allow for its partial revision. Consequently, in addition to the regulations which by their very nature are contained in this definition, they are part of the urban norms:
2.1 The specifications for isolations, volumetries, and heights for building processes.
2.2 The determination of renewal areas, in conjunction with the definition of priorities, procedures and intervention programmes.
2.3 The adoption of urban programs, projects and macroprojects not considered in the overall component of the plan.
2.4 The characteristics of the secondary road network, the location and the corresponding affectation of land for public or social interest groups at zonal or local level, as well as the delimitation of free spaces and zones green of that scale.
2.5 The specifications of secondary public service supply networks.
2.6 The specifications of free urban disposals, as well as the parameters and guidelines for their owners to compensate in money or land, if applicable.
2.7 The indication of exceptions to these rules for operations such as macroprojects or urban actions in areas with conservation, renovation or comprehensive improvement treatments for which specific rules are contemplated adopt and agree on their opportunity with the owners and communities concerned, establishing the parameters, procedures and requirements to be met in such exceptional cases.
2.8 The others provided for in this law or deemed appropriate by the district or municipal authorities.
3. Additional rules
These are those related to the actions, programmes and projects adopted in the development of the forecasts referred to in the general and urban components of the planning plan, and which must be incorporated into the Programme of Implementation set out in article 18 of this law. They are also part of this normative level, decisions about actions and actions that by their very nature need to be executed in the short term and all the regulations that are issued for specific urban operations and cases. exceptional, in accordance with the parameters, procedures and authorizations emanating from the general planning rules. Among others, they belong to this category:
3.1 The declaration and identification of the land and buildings of development or priority construction.
3.2 The location of land whose use is housing of social interest and the relocation of human settlements located in high-risk areas.
3.3 Specific urban standards to be issued for the development of partial plans for urban development units and for other operations such as integrated urban macro projects and actions in areas with renovation treatments urban or comprehensive improvement, to be approved in accordance with article 27 of this law.
PARAGRAFO. The rules for housing development and housing construction will not be able to limit the development of housing programs of social interest, such that the specifications among other logoos, cessions and areas constructed must be in accordance with the price conditions of this type of housing.
PARAGRAFO 2o. The territorial planning plans of the municipalities and districts, will not be able to establish compatible uses between high impact services related to prostitution and related activities, with uses for housing and educational endotational. The National Government shall regulate the matter in a term not greater than sixty (60) days.
ARTICLE 16. CONTENT OF THE BASIC PLANNING PLANS. The Basic Plans for Territorial Ordering shall include the three components referred to in Article 11 of this Law, with the following adjustments, in order to simplify their adoption and application:
1. Regarding the general component, the Basic Ordinance Plan will point out the long and medium term territorial objectives and strategies that will complement, from the point of view of territorial management, municipal development, as well as the The following structural contents:
1.1 Identification and location of the actions on the territory that make it possible to organize and adapt it for the use of its comparative advantages and its greater competitiveness.
1.2 The communication systems between the urban area and the rural area and their articulation with the respective regional systems.
1.3 The establishment of reserve areas and regulations for the protection of the environment, conservation of natural resources and the defense of the landscape, as well as for the areas of conservation and protection of the historical heritage, cultural and architectural.
1.4 The location of basic activities, infrastructure and equipment to ensure adequate functional relations between settlements and urban and rural areas.
1.5 The classification of the territory in urban, rural and urban expansion, with the corresponding fixing of the perimeter of the urban land, in the terms indicated in this law, in accordance with the objectives and criteria defined by The Metropolitan Areas in the mandatory general rules for the case of the municipalities that integrate them.
1.6 The inventory of areas that present a high risk for the location of human settlements, due to natural threats or unsanitary conditions.
2. In relation to the urban component, the Basic Plan shall contain at least:
2.1 The location and dimensioning of the infrastructure for the road system, transport and adequate intercommunication of all urban areas as well as its projection for the areas of expansion, if determined; primary and secondary networks of public roads and services in the short and medium term; the planned location for collective equipment and public spaces for public parks and green areas and the marking of free urban transfers corresponding to those infrastructures.
2.2 The delimitation of the areas of conservation and protection of natural resources, landscape and urban, historical and cultural, in accordance with the general legislation applicable to each case and the urban norms that the complement, as well as areas exposed to natural hazards and risks.
2.3 The medium-term strategy for the development of housing programs of social interest, including comprehensive improvement, which will include guidelines and parameters for the definition of uses for housing of social interest, both in urban areas such as urban expansion, and the pointing out of corresponding management tools; as well as mechanisms for the relocation of human settlements located in high-risk areas for the health and integrity of their inhabitants, including those related to the transformation of the relocated areas to avoid their new occupation.
2.4 The definition of the procedures and instruments of management and urban performance required for the administration and implementation of policies and decisions adopted, as well as of the general criteria for their convenient application, including the adoption of the instruments for financing urban development in accordance with the provisions of this Law and in Law 9 of 1989.
2.5 The issue of general urban standards on uses and intensity of land use, performances, treatments and procedures for the development, urbanization, construction and incorporation of the different areas covered within the urban perimeter and the expansion floor. Specifications for urban disposals, isolations, volumetries and heights shall be included; the determination of the integral improvement zones, if any, and the others deemed appropriate by the district or municipal authorities.
3. The rural component shall establish at least the same forecasts as indicated for the territorial planning plan.
ARTICLE 17. CONTENT OF THE TERRITORIAL PLANNING SCHEMES. The territorial planning schemes must contain at least the objectives, strategies and policies of long and medium term for the occupation and exploitation of the soil, the division of the territory in urban and rural land, the general structure of the urban land, in particular the road and public service plan, the identification of the areas of natural hazards and hazards and the protection measures, the conservation and protection of natural and environmental resources and the required urban standards for the performances of the ground, urbanization and construction.
PARAGRAFO. The municipalities with a population of less than 30,000 inhabitants who present important dynamics of urban growth may adopt Basic Plans for Territorial Ordering, as an instrument to develop the the process of ordering its territory.
ARTICLE 18. IMPLEMENTATION PROGRAMME. The implementation programme defines, as compulsory, the actions on the territory provided for in the planning plan, which will be implemented during the period of the corresponding municipal administration or district, as defined in the corresponding Development Plan, indicating the priorities, the programming of activities, the responsible entities and the respective resources.
The implementation program will be integrated into the Investment Plan, in such a way that it will be taken into consideration by the mayor, and its validity will be adjusted to the municipal and district administrations ' periods.
Within the implementation program, the programs and projects of transport infrastructure and direct public services that will be executed in the corresponding period will be defined, the necessary land will be located to meet the demand of housing of social interest in the municipality or district and the zones of integral improvement, pointing out the instruments for their public or private execution. Buildings and land whose development or construction are considered to be a priority shall also be determined. All of the above, taking into account the strategies, parameters and guidelines outlined in the planning plan.
ARTICLE 19. PARTIAL PLANS. The partial plans are the instruments through which the provisions of the planning plans are developed and supplemented, for certain areas of the urban land and for the areas included in the soil urban expansion, in addition to those to be developed by urban development units, macro-projects or other special urban operations, in accordance with the authorisations issued under the general planning rules, in the provided for in this Law. The partial or local plan shall include at least the following:
1. The delimitation and characteristics of the area of the urban operation or of the minimum unit of urban performance contemplated in the partial or local plan.
2. The precise definition of the objectives and the specific urban guidelines that guide the corresponding urban performance or operation, in aspects such as the use of the buildings; the supply, expansion or improvement of the public space, the quality of the environment, the alternatives of expansion, the integral improvement or renovation considered; the stimuli to the owners and investors to facilitate processes of concertation, real estate integration or land or other mechanisms to ensure the equitable sharing of burdens and burdens benefits linked to the best use of buildings; urban programmes and projects that specifically characterize the purpose of the operation and the priorities of its development, all in accordance with scale and complexity of the action or of the urban operation envisaged.
3. The specific urban rules for the relevant unit of action or for the specific area covered by the urban operation covered by the plan: definition of specific land uses, occupation and construction intensities, withdrawals, Insulation, draws and heights.
4. The definition of the layout and characteristics of the public space and the routes and, in particular in the case of the units of action, of the secondary road network; of the secondary supply networks for direct public services; the location of public or social interest groups such as temples, health and teaching centers, public spaces and green areas for parks, complementary to the structural content of the plan.
5. The other necessary to supplement the planning of the specified areas, according to the nature, objectives and guidelines of the respective operation or action.
6. The adoption of the instruments for soil management, the collection of capital gains, the allocation of burdens and benefits, management procedures, the financial assessment of the development works and its implementation programme, together with the funding.
In the cases provided for in the general planning rules, the partial plans may be proposed to the municipal or county planning authorities for approval by persons or private entities interested in their development. In no case may they contradict or modify the determinations of the planning plans or the structural rules of the plans.
PARAGRAFO. The partial plans may also be applicable to supplement the planning of the localities in the case of the districts, when I will point out the Territorial Order Plan, an event in which name local plans.
ARTICLE 20. ENFORCEMENT OF THE PLANNING PLANS. The transitional period provided for in this law for the adoption of the territorial planning plan will be completed, the competent authorities may only grant planning licenses once they have been approved. that plan is adopted.
No public or private agent will be able to carry out urban actions that do not conform to the forecasts and contents of the plans of territorial planning, its development in partial plans and the structural rules of the plan or complementary to the same.
ARTICLE 21. HARMONY WITH THE DEVELOPMENT PLAN OF THE MUNICIPALITY. The territorial planning plan defines in the long and medium term a model of occupation of the municipal and district territory, pointing out its basic structure and the necessary territorial actions for the appropriate organisation, which shall be in force as long as it is not modified or replaced. In this sense, in the definition of programs and projects of the development plans of the municipalities, the definitions of long and medium term of occupation of the territory will be taken into account.
ARTICLE 22. OF THE COMMUNAL PARTICIPATION IN THE PLANNING OF THE TERRITORY. For the purpose of organizing the communal participation in the definition of the urban content of the plan of order, the municipal or district authorities will be able to delimit in the area within the urban perimeter, the neighborhoods or clusters of residential neighborhoods usually recognized by their inhabitants as referring to their location in the city and that define their immediate membership in a local or neighborhood area. The relevant rules for Community participation in the definition of rural content, in which the territorial division will refer to paths or groups of paths.
In the course of formulating and concerting the plans of territorial planning, the civic organizations duly recognized of these groups of neighborhoods or districts, through democratic mechanisms that guarantee the representativeness of the elected representatives, may appoint representatives to transmit and give consideration to their proposals on the urban and rural components of the plan.
Once the process of adoption or review of the plan is in place, these same civic organizations will maintain their participation in the organization of the territory in the following events:
1. To propose, in exceptional cases to consider general urban standards, the specific allocation of land use and use in micro-areas of neighbourhood scale, i.e. in cases where the effect is limited exclusively to their respective territories and would not be contrary to the structural rules. In the exclusively residential areas, these proposals may refer to landscaping regulations, vehicle traffic regulations and other provisions aimed at maintaining the tranquility of the area, as long as the use of the public space, in accordance with the general rules.
2. To formulate and propose partial plans for urban actions within their area, according to the forecasts and authorizations of the urban component of the plan.
3. To exercise citizen oversight actions that guarantee compliance or prevent the violation of established norms, through procedures consistent with local decentralization policies.
ARTICLE 23. FORMULATION OF PLANS FOR TERRITORIAL PLANNING. Within a maximum period of eighteen (18) months from the entry into force of this law, the municipal and district administrations with the democratic participation here provided for, formulate and adopt the plans for Territorial Ordering, or adapt the contents of the territorial planning of the Development plans, in accordance with the provisions of this Law.
Henceforth within six (6) months prior to the expiration of the Ordinance Plan, the municipal and district administrations shall initiate the procedure for the formulation of the new plan or its revision or adjustment.
In the formulation, adequacy and adjustment of the planning plans, the diagnosis of the urban and rural situation and the evaluation of the current plan will be taken into account.
PARAGRAFO. In the municipalities in which the planning plans are not formulated within the specified time limits, the planning offices of the respective departments may undertake their preparation, remaining in any relevant projects subject to the consultation and approval procedures laid down in this law. For the corresponding formulation these offices will be able to request the technical support of the Ministry of the Interior, the Vice-Ministry of Housing, Urban Development and Drinking Water, the Inurbe, the IGAC and the Institute of Hydrology, Meteorology and Studies Environmental, IDEAM, Ingeominas and metropolitan areas, for the cases of municipalities that are part of the same. They will also consult the case before the Regional Autonomous Corporations or environmental authorities that have jurisdiction over these municipalities, in the cases of their jurisdiction.
Likewise, the planning offices of the respective departments with the support of the national entities will have to provide technical assistance to the municipalities with a population of less than thirty thousand (30,000) inhabitants in the preparation of the plan.
ARTICLE 24. CONSULTATION AND CONSULTATION INSTANCES. The district or municipal mayor, through the planning offices or the dependency that will do his or her times, will be responsible for coordinating the timely formulation of the draft of the Ordinance plan. Territorial, and subject to consideration by the Governing Council.
In any case, before the draft of the territorial planning plan is submitted to the district or municipal council, the interagency and citizen consultation procedures will be completed, according to the following procedure:
1. The draft plan shall be submitted to the Regional Autonomous Corporation or the corresponding environmental authority for approval in respect of exclusively environmental matters, within the scope of its competence according to the provisions of Law 99 of 1993, and in particular Article 66, for which it will have thirty (30) days; it may only be objected to for technical reasons and based on previous studies. This decision will, in any case, be appealed to the Ministry of the Environment.
2. During the same term as the previous number, the consultation with the Metropolitan Board will be established for the case of plans for the ordering of municipalities that will be part of metropolitan areas, which will monitor their harmony. with the metropolitan plans and guidelines, in matters of its competence.
3. Once the project has been revised by the respective environmental and metropolitan authorities, in the cases of its competence, it will be submitted for consideration by the Territorial Planning Council, which will have to provide a concept and formulate recommendations within the following thirty (30) working days.
4. During the review period of the plan by the Regional Autonomous Corporation, or the corresponding environmental authority, the Metropolitan Board and the Territorial Planning Council, the municipal or district administration will request opinions from the economic associations and professional agencies and will hold public calls for discussion of the plan, including hearings with local administrative boards, will present the basic documents of the plan in places accessible to all (a) interested parties and will collect recommendations and comments made by the various union, ecological, civic and community entities of the municipality, and should proceed to their evaluation, according to the feasibility, convenience and agreement with the objectives of the plan. They will also put in place the mechanisms of communal participation provided for in article 22 of this law.
The municipal and district administrations will establish the mechanisms for the publicity and dissemination of the draft territorial planning plan that guarantee their mass knowledge, according to the conditions and resources of each entity. territorial.
PARAGRAFO. The democratic consultation must be ensured at all stages of the planning plan, including the diagnosis, the basis for its formulation, monitoring and evaluation.
ARTICLE 25. APPROVAL OF THE PLANNING PLANS. The draft territorial planning plan, as consolidated document after the stage of the democratic participation and the inter-institutional concertation of the article It will be presented by the mayor to the municipal or district council within thirty (30) days of receipt of the concept of the Territorial Planning Council. In the event that the council is in recess, the mayor will have to convene extraordinary sessions. Any modification proposed by the council must be accepted by the administration.
ARTICLE 26. ADOPTION OF PLANS. Translate sixty (60) days from the presentation of the draft territorial plan without the municipal or district council adopting any decision, the mayor may adopt it by decree.
ARTICLE 27. PROCEDURE FOR PARTIAL PLANS. 180 of Decree 19 of 2012. The new text is as follows: > For the approval and adoption of the partial plans for this Law, the following procedure shall be taken into account:
1. The projects of partial plans shall be drawn up by the municipal or district planning authorities, by the communities or by the individuals concerned, in accordance with the parameters that the planning plan determines in this respect. territorial or the Macroproject of National Social Interest when the latter so provides.
2. The municipal or district planning office, or the dependency that it does its times, will review the partial plan project in order to verify compliance with the standards laid down for the formulation of the plan. For the approval of the partial plan project, the planning office shall have a term of thirty (30) working days counted from the date of the project, extendable for thirty (30) working days more than once, It is a pity that it is approved in the terms in which it was presented through the application of positive administrative silence.
3. Once the municipal or district planning office, or the dependency that does its times, approves the partial plan project, by means of administrative act or the administrative silence occurs in the terms of the numeral 2, it will be submitted to consideration of the competent environmental authority, when required as provided for in the regulation of the National Government, for the purpose of jointly with the municipality or district to agree exclusively environmental matters, for which have fifteen (15) business days extendable for an equal term.
When the agreement between the municipality or the district and the competent environmental authority is not achieved, the municipal or district planning office shall file the partial plan project, without prejudice to the fact that the person concerned can carry out adjustments that they consider relevant and restart the environmental concertation procedure.
When it comes to partial plans to develop the Macroprojects of National Social Interest, if the environmental authority is not definitively pronounced within the term mentioned in this article, it will be up to the Ministry of Environment and Sustainable development to decide on environmental matters for which it will have a maximum and unextendable term of fifteen (15) working days counted from the receipt of the respective file.
4. During the review period of the partial plan project, a public information phase will be developed, calling on the owners and neighbors to express their recommendations and observations.
5. Once the previous stages have taken place and within the fifteen (15) working days following the approval of the draft partial plan, by means of an express administrative act or the environmental concertation, where appropriate, the municipal mayor or district will adopt it by decree.
PARAGRAFO 1. Failure to comply with the terms set out in this Article in order to act by the competent authorities shall constitute a serious failure in the head of the Director and officials responsible for the respective entity.
PARAGRAFO 2. The authorities before which the planning procedures are to be carried forward after the adoption of the partial plan will be obliged to issue their concepts or permits based on the plan approved in the plan. and in its technical support document. In any event, the approval of the partial plan must be defined and all the impacts of the operation must be determined without requiring the approval of supplementary planning instruments for the implementation or development of the plan.
PARAGRAFO 3. The validity of the partial plan will be indicated in the decree in which it is adopted and will not be altered by the fact that the Territorial Order Plan is modified, unless the owners of the premises are engaged, in writing to the new rules.
PARAGRAFO 4. The adjustment of partial plans, if required, will be performed taking into account only the instances or authorities whose charge the issues are the subject of the adjustment necessary for the development of the respective plan. The application for determinants may be limited only to those aspects on which the amendment is expressly requested and written, and shall be based on the same rules as the partial plan was approved, unless the manifest otherwise.
ARTICLE 28. VALIDITY AND REVISION OF THE PLAN OF ORDER. 2 of Law 902 of 2004. The new text is as follows: > Territorial planning plans must define the validity of their different contents and the conditions that merit their review in accordance with the following parameters:
1. < *See Editor's Notes > The structural content of the plan will have a long-term term, which for this purpose will be understood as minimum * the corresponding to three (3) constitutional periods of the municipal and district administrations, taking care in any event that the timing of its review coincides with the start of a new period for these administrations.
2. Urban medium-term content means a minimum term corresponding to the term of two (2) constitutional periods of municipal and district administrations, being understood in any case that may be greater if this is requires to match the start of a new administration period.
3. The short term urban content and the implementation programmes shall at least be governed by a constitutional period of the municipal and county administration, taking into account the exceptions which are logical for the reasons of the latter. nature of the actions envisaged or their own effects.
4. The revisions will be subject to the same procedure as planned for approval and should be supported by parameters and monitoring indicators related to significant changes in urban population forecasts; the adjustment dynamics in the use or intensity of land use; the need or desirability of implementing impact projects in the field of mass transport, infrastructure, expansion of public services or urban renewal projects; the implementation of macro-projects regional or metropolitan infrastructure generating impacts on the Municipal or district planning, as well as in the assessment of their objectives and goals of the respective plan.
However, if, at the end of the established term, a new territorial planning plan has not been adopted, the already adopted plan will remain in force.
5. The municipal and county authorities may review and adjust the Territorial Order Plans or their components after the immediately preceding constitutional period.
In the revisions of the Order Plans, the respective Mayors will evaluate the progress or setbacks and new programs will be planned for the reordering of the uses of high impact services related to prostitution and its Incompatibility with educational and residential uses.
ARTICLE 29. ADVISORY BOARD OF DIRECTORS. The Advisory Board of Ordering will be an advisory body of the municipal or district administration in matters of territorial planning, which must be formed by the mayors of municipalities with population more than thirty thousand (30,000) inhabitants. It will be made up of officials from the administration and representatives of the associations, professionals, ecological, civic and community organizations linked to urban development. The urban curators are also part of this council in the cities where this institution exists.
It will be functions of this Council, in addition to those provided for in this law and its regulation, to follow up the planning plan and propose its adjustments and revisions when it is the case.
PARAGRAFO. Members of this council may be chosen from among the members of the Planning Territorial Council.
GEOLOGIC Concept 68303 of 2014
ARTICLE 30. SOIL CLASSES. The territorial planning plans will classify the territory of the municipalities and districts in urban, rural and urban expansion. Within these classes, the categories of suburban and of protection may be established in accordance with the general criteria laid down in the following Articles.
ARTICLE 31. URBAN LAND. The urban land, the areas of the county or municipal territory destined for urban uses by the planning plan, which have road infrastructure and primary energy, aqueduct and sewerage networks, The possibility of urbanization and construction, as the case may be. This category may belong to those areas with incomplete urbanization processes, comprised in consolidated areas with construction, which are defined as areas of integral improvement in the plans of territorial planning.
The areas that make up the urban land will be delimited by perimeters and will be able to include the towns of the corregimientos. In no case shall the urban perimeter be greater than the so-called perimeter of public or sanitary services.
ARTICLE 32. URBAN EXPANSION GROUND. Constituted by the portion of the municipal territory destined for urban expansion, which will be enabled for urban use during the life of the plan, as determined by the Implementing Programs.
The determination of this soil will be in line with the city's growth forecasts and the possibility of providing infrastructure for the road system, transportation, public services, free areas, and parks, and collective equipment of public or social interest.
Within the category of expansion floor, areas of concerted development may be included, through processes that define the convenience and conditions for their development through their adaptation and urban empowerment in charge of their development. owners, but whose development will be conditional on the prior adaptation of the scheduled areas.
ARTICLE 33. RURAL SOIL. This category is not suitable for urban use, for reasons of opportunity, or for its destination for agricultural, livestock, forestry, natural resource exploitation and similar activities.
ARTICLE 34. SUBURBAN SOIL. This category consists of the areas located within the rural soil, in which the uses of the soil and the life forms of the countryside and the city are mixed, different from those classified as areas of urban expansion, which may be development object with restrictions on use, intensity and density, guaranteeing self-sufficiency in public services, in accordance with the provisions of Law 99 of 1993 and Law 142 of 1994. The soils corresponding to the interregional urban corridors may be part of this category.
the municipalities and districts will have to establish the complementary regulations aimed at preventing the development of urban activities and uses in these areas, without the process of incorporation into the urban land, for which they must have the infrastructure of public space, road infrastructure and energy, aqueduct and sewer networks required for this type of soil.
ARTICLE 35. PROTECTION floor. Constituted by the areas and areas of land located within any of the above classes, which due to its geographical, landscape or environmental characteristics, or to be part of the public utility zones For the location of infrastructures for the provision of public services in the home or in the areas of threats and risks that cannot be mitigated for the location of human settlements, the possibility of urbanisation is restricted.
ARTICLE 36. PUBLIC URBAN PLANNING. These are urban planning activities, housing, urbanization and building buildings. Each of these actions includes management procedures and forms of implementation that are oriented by the urban component of the planning plan and must be explicitly regulated by urban planning rules issued in accordance with the content and prevalence criteria set out in Articles 13, 15, 16 , and 17 of this law.
These actions may be developed by individual owners in isolation by groups of owners associated voluntarily or in a mandatory manner through urban units of action, directly by public entities or by means of mixed forms of partnership between the public sector and the private sector.
When, for the purposes of regulating the different urban actions, municipalities, districts and metropolitan areas must carry out urban actions that generate greater value for the buildings, they are authorized to establish the participation in surplus value in the terms set out in this law. In addition, the urban planning rules will specifically establish the cases in which the urban actions will have to be implemented through the use of the burden-sharing and benefits as determined in the article 38 of this law.
In the event of programs, projects and works to be carried out by public entities, as a consequence of urban actions that are provided for in the planning plans or in the instruments that develop them, the entities (a) municipal and district competent, without prejudice to their material performance by individuals, may create special entities of a public or mixed nature for the execution of such actions, in accordance with the general legal rules and with the special provisions contained in this law and in Law 142 of 1994.
Likewise, municipal and district entities and metropolitan areas will be able to participate in the execution of urbanization projects and housing programs of social interest, through the celebration, among others, of trust contracts with subject to general rules and commercial law, without the limitations and restrictions provided for in Article 32 of Law 80 of 1993.
ARTICLE 37. PUBLIC SPACE IN URBAN ACTIONS. The district or municipal regulations will determine, for the different urban actions, the free disposals that the owners of real estate must do with destination local, collective equipment and public space in general, and shall indicate the system of permits and licences to be subject and the penalties applicable to offenders in order to ensure compliance with these obligations, all in accordance with the provisions of Chapter XI of this Law.
They must also specify, if applicable, the affectations to which they are subject for the purposes of field reserves for the construction of road infrastructure, transport, parent networks and other urban or metropolitan services. For actions that require it, such as urbanization on expansion grounds and urbanization or construction on land with urban renewal treatments, the prior procedure for establishing the feasibility of extending or to extend the public service networks, the road infrastructure and the additional allocation of public space, as well as the processes or instruments by which their effective implementation and the equitable distribution of charges will be ensured; and benefits derived from the corresponding action.
ARTICLE 38. EQUITABLE SHARING OF BURDENS AND BENEFITS. In developing the principle of equality of citizens in the face of the rules, the plans of territorial planning and the urban norms that develop them must establish mechanisms that guarantee the fair distribution of the burdens and benefits arising from the urban system between the respective parties concerned.
The units of action, the compensation and the transfer of rights of construction and development, among others, are mechanisms that guarantee this purpose.
ARTICLE 39. URBAN PLANNING UNITS. The plans for territorial planning may determine that the actions of urbanization and construction, in urban soils and urban expansion and construction in treatments of urban renewal and redevelopment in the urban land, are carried out through units of urban development.
As a Urban Performance Unit, the area consists of one or more buildings, explicitly defined in the rules developed by the planning plan that must be urbanized or constructed as a planning unit with the to promote the rational use of the soil, to ensure compliance with the urban standards and to facilitate the provision of the infrastructure for transport, public services and equipment collective by means of fair sharing of burdens and benefits.
PARAGRAFO. The loads corresponding to the urban development that will be the object of the distribution among the owners of the buildings of a Unit of Action will include among other components the disposals and the realization of public works relating to secondary and home networks for public water services, sewerage, energy and telephones, as well as transfers for parks and green areas, vehicle and pedestrian routes and for the provision of Community equipment.
The charges for the cost of the main road infrastructure and the parent networks of public services will be distributed among the owners of the entire area benefiting from the same and must be recovered through tariffs, recovery, participation in surplus value, pre-dial tax or any other system which guarantees the fair distribution of the costs and benefits of the actions.
ARTICLE 40. PRIORITY DEVELOPMENT OF URBAN DEVELOPMENT UNITS. The management plans and the instruments that develop them will be able to determine the development or priority construction of buildings that form units of urban development, in accordance with the priorities set out in the Territorial Ordinance plans.
ARTICLE 41. Procedure. The Territorial Order plans shall define the areas to be developed through units of action on both urban and expansion soil where the criteria and criteria will be determined and determined. procedures for their characterization, delimitation and subsequent approval.
The units of action shall be defined in such a way as to permit the joint fulfilment of the transfer and urbanization costs of the entire area, by means of the equitable distribution between their owners.
The project of delimitation will be carried out by the competent authorities, ex officio, or by the individuals interested, according to the parameters foreseen in the plan of order, as long as the formulation and approval of the the partial plan, which shall determine the forecasts relating to the allocation of the infrastructure and equipment, the corresponding disposals, the subdivision, if any, in the areas of implementation and the phases and priorities of its development by pointing out the systems and instruments of compensation for distribution of the burdens and benefits among members. In the case of renovation and redevelopment, the partial plan will also include the forecasts related to the room and the improvement of the infrastructures, equipment and public space needed to meet the new densities and uses of the land allocated to the area.
ARTICLE 42. DELIMITATION OF THE URBAN PERFORMANCE UNITS. Once the partial plan has been approved by the municipal or district planning authority, the project of delimitation will be made known to the holders of real rights on the the area of the proposed action unit and its neighbours, in the manner determined by the Regulation, who shall have a term of 30 days to raise objections or comments.
Dealt with the objections and defined the modifications to the place, the draft of the delimitation will be put to the municipal mayor or district, for its approval.
The deadline for the final approval of the projects for delimitation of the units of action will be three (3) months from their presentation in due form. In the case of the initiative of the interested parties, if the corresponding decision has not been notified after this period, the delimitation will be deemed to be approved, provided that the summons procedure has been completed.
In no case will the positive administrative silence apply, if the proposal for delimitation does not take into account the determinations of the plan of order.
The act of delimitation of the unit of action will be entered in the register of public instruments, in the real estate registration folios of the premises that make up the unit. The affected premises may not be the subject of development or construction licences outside the unit of action.
ARTICLE 43. In the exclusively residential use sectors and at the request of the body that has the representation of the community the corresponding Urban Development entity may grant to this sector a special urban regulation that may include, inter alia:
Conditions for vehicular traffic.
Industry Security Organization.
Conditioning builders among other aspects.
The new regulations will be entered in the Register of Public Instruments and in the real estate and property portfolios that make up the sector.
ARTICLE 44. IMPLEMENTATION OF THE URBAN PERFORMANCE UNITS. The development of the units of action involves the associated management of the owners of the premises that make up its surface, by means of systems of readjustment of lands or integration property or cooperation, as determined by the relevant partial plan.
The execution of the unit of action will be initiated once the bases for the action are defined, by the favorable vote of the owners representing fifty-one percent (51%) of the area committed. The properties of the reluctant owners will be the subject of the processes of voluntary disposal and expropriation provided for in this law by the competent municipal or district entities, who will become part of the association the management of the performance, without prejudice to the possibility of transferring those rights to it.
In cases of priority development action units, if within six (6) months of the delimitation of the unit of action the agreement on which the previous item is concerned has not been achieved, the administration may to opt for the administrative expropriation of the buildings concerned or for the forced disposal of the buildings, in accordance with the provisions of Chapter VIII of this Law. In any event, the expropriated properties may be part of the management association of the performance and the resources for its acquisition may come from it.