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Law-General Human Settlements, Land Use Planning And Urban Development

Original Language Title: Ley General de Asentamientos Humanos, Ordenamiento Territorial y Desarrollo Urbano

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GENERAL LAW OF HUMAN SETTLEMENTS, TERRITORIAL PLANNING AND URBAN DEVELOPMENT

New Law published in the DOF on November 28 2016

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic

ENRIQUE PEÑA NIETO, President of the United Mexican States, to its inhabitants known:

That the Honorable Congress of the Union, has served to address the following

DECREE

"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, DECREES:

THE GENERAL LAW OF HUMAN SETTLEMENTS, TERRITORIAL PLANNING AND URBAN DEVELOPMENT IS EXPECTED AND ARTICLE 3 IS REFORMED. OF THE PLANNING LAW

ARTICLE FIRST. The General Law of Human Settlements, Territorial Planning and Urban Development is issued to be in the following terms:

GENERAL LAW OF HUMAN SETTLEMENTS, TERRITORIAL PLANNING AND URBAN DEVELOPMENT

TITLE FIRST

GENERAL PROVISIONS

Chapter First

Object of Law

Article 1. This Law is of public order and social interest and general observance throughout the national territory.

The provisions of this Act are intended to:

I. To establish the basic norms and instruments of management of general observance, in order to order the use of the territory and the Human Settlements in the country, with full respect for human rights, as well as the fulfillment of the obligations of the State to promote, respect, protect and fully secure them;

II. Establish the concurrency of the Federation, of the federative entities, the municipalities and the Territorial Demarcations for the planning, management and regulation of the Human Settlements in the national territory;

III. To establish the criteria for effective congruence, coordination and participation in the field of their respective competences between the Federation, the federative entities, the municipalities and the Territorial Demarcations for the planning of the Foundation, Growth, Improvement, Consolidation and Conservation of the Population and Human Settlements Centres, guaranteeing at all times the protection and equitable access to public spaces;

IV. Define the principles for determining the Provisions, Reserves, Soil Uses and Destinations of Areas and Prediums that regulate property in Population Centers, and

V. To provide mechanisms for the participation of citizens in particular for women, young people and persons in a situation of vulnerability, in the planning and management processes of the territory based on access to transparent information, complete and timely, as well as the creation of spaces and instruments that guarantee the co-responsibility of the government and the citizenry in the formulation, monitoring and evaluation of public policy in the field.

Article 2. All persons without distinction of sex, race, ethnicity, age, physical limitation, sexual orientation, have the right to live and enjoy cities and human settlements in sustainable, resilient, healthy, productive, equitable conditions, fair, inclusive, democratic and secure.

The activities carried out by the Mexican state in order to order the territory and the Human Settlements, must be carried out in order to meet the conditions mentioned in the previous paragraph.

It is the duty of the state, through its different government orders, to promote a culture of civic and social co-responsibility.

Article 3. For the purposes of this Law, the following definitions shall apply:

I. Urban Action: acts or activities aimed at the use or exploitation of the soil within Urbanized or Urbanizable Areas, such as subdivisions, parcelations, mergers, retensionings, fractionations, condos, urban assemblies, or development, extension, refurbishment, repair, demolition or reconstruction of buildings, of public or private ownership, which by their nature are determined in the plans or programmes of Urban Development or have the corresponding permissions. It also includes the construction of equipment, infrastructure or Urban Services;

II. Urbanizable Area: territory for urban growth contiguous to the limits of the Urbanized Area of the Population Center determined in the plans or programs of Urban Development, whose extension and area is calculated according to the needs the new soil indispensable for its expansion;

III. Urbanized Area: Territory occupied by Human Settlements with infrastructure, equipment and services networks;

IV. Settlement Human: the establishment of a demographic conglomerate, with the set of its coexistence systems, in a physically located area, considering within it the natural elements and the material works that integrate it;

V. Neighbourhood: urbanised area of a Population Centre with its own identity and characteristics;

VI. Centres of Population: areas set up by urbanized areas and those that are reserved for expansion;

VII. National Council: The National Council for Territorial Planning and Urban Development;

VIII. Conservation: action to preserve areas with historical and cultural values, as well as to protect and maintain ecological balance in environmental service areas;

IX. Conurbation: the physical and demographic continuity of two or more Population Centers;

X. Growth: action to order and regulate the areas for the physical expansion of the Population Centers;

XI. Demarcations Territorial divisions: territorial divisions of Mexico City referred to in Article 122 of the Political Constitution of the United Mexican States;

XII. Densification: Urban Action, which aims to increase the number of inhabitants and the floating population per unit of surface, considering the capacity of the territory's support and, where appropriate, adapting public spaces and their infrastructure;

XIII. Development Urban: the process of planning and regulating the Foundation, Conservation, Improvement and Growth of Population Centers;

XIV. Development Metropolitan: the process of planning, regulating, managing, financing and implementing actions, works and services, in metropolitan areas, that for its population, extension and complexity, the three orders of government according to its attributions;

XV. Development Regional: the process of economic growth in two or more determined population centers, guaranteeing the improvement of the quality of life of the population, the preservation of the environment, as well as the conservation and reproduction of the resources natural;

XVI. Destinations: public purposes for which certain areas or premises of a population centre or Human Settlement are to be allocated;

XVII. Equipment Urban: the set of buildings, facilities, buildings and furniture used to provide the population with the Urban Services to develop economic, social, cultural, sports, educational, transportation and supply activities;

XVIII. Public Space: areas, open spaces or human settlements intended for use, enjoyment or collective exploitation, widespread access and free transit;

XIX. Space Buildable: soil suitable for the use and use of its owners or holders in the terms of the relevant legislation;

XX. Foundation: the action of establishing a new Human Settlement;

XXI. Integral Risk Management: the set of actions aimed at the identification, analysis, evaluation, control and reduction of risks, considering them by their multifactorial origin and in a permanent process of construction involving the three government orders, as well as the sectors of society, which facilitates the implementation of public policies, strategies and procedures that combat the structural causes of disasters and strengthen the capacities of Resilience or resistance of society. It includes the identification of risks and, where appropriate, their process of training, forecasting, prevention, mitigation, preparedness, relief, recovery and reconstruction;

XXII. Infrastructure: the systems and networks for the organisation and distribution of goods and services in the population centres, including those relating to telecommunications and broadcasting;

XXIII. Megalopolis: system of metropolitan areas and population centers and their areas of influence, closely linked geographically and functionally. The minimum population threshold for a Megalopolis is 10 million inhabitants;

XXIV. Improvement: the action aimed at reordering, renewing, consolidating and providing infrastructure, equipment and services, the areas of a Population Center of incipient development, underutilized or physically or functionally impaired;

XXV. Mobility: capacity, ease and efficiency of transit or displacement of people and goods in the territory, prioritizing universal accessibility, as well as the sustainability of it;

XXVI. Territorial Planning of Human Settlements: the territorial order is a public policy that aims at the occupation and rational use of the territory as a space base of the strategies of socioeconomic development and the environmental preservation;

XXVII. Natural and Cultural Heritage: sites, sites or buildings with archaeological, historical, artistic, environmental or other value, defined and regulated by the relevant legislation;

XXVIII. Provisions: the areas to be used for the Foundation of a population centre;

XXIX. Disaster Risk Reduction: systematic efforts aimed at analyzing and managing the causal factors of disasters, including reducing the degree of exposure to threats, reducing the vulnerability of the population and property, and sound management of soils and the environment;

XXX. Reserves: the areas of a population center that will be used for their growth;

XXXI. Resilience: is the capacity of a system, community or society potentially exposed to a danger to resist, assimilate, adapt and recover from its effects in a short term and efficiently, through preservation and restoration of its core and functional structures, to achieve better future protection and to improve risk mitigation measures;

XXXII. Secretariat: the Secretariat for Agrarian, Territorial and Urban Development;

XXXIII. Services Urban: the operational activities and public services provided directly by the competent or concessionary authority to meet collective needs in the population centres;

XXXIV. National Territorial System: delimits the rural urban regions and systems that integrate them and establishes the hierarchy and characterization of metropolitan areas, conurbations and population centers, as well as their functional interrelations;

XXXV. Urban Systems Rural: Basic spatial units of territorial planning, which group non-urbanized areas, urban centers and functionally linked rural settlements;

XXXVI. Land uses: the particular purposes for which certain areas or premises may be dedicated to a Population or Human Settlement Centre;

XXXVII. Zone Metropolitan: Population centres or conurbations which, due to their complexity, interactions, social and economic relevance, form a territorial unit of dominant influence and are of strategic importance for national development;

XXXVIII. Zoning: the determination of the areas that integrate and delimit a territory; its predominant advantage and the Reserves, Soil and Destinations, as well as the delimitation of the areas of Growth, Conservation, Consolidation and Improvement;

XXXIX. Zoning Primary: the determination of the areas that integrate and delimit a population center; understanding the Urbanized Areas and Urbanizable Areas, including the growth reserves, the undeveloped areas, and the protected natural areas, as well. as the network of primary roads, and

XL. Zoning Secondary: the determination of the soil uses in an Edifiable and non-buildable space, as well as the definition of the specific Destinations.

Chapter Second

Principles

Article 4. Planning, regulation and management of human settlements, Population Centers and spatial planning must be conducted in accordance with the following principles of public policy:

I. Right to the city. Guarantee to all inhabitants of a Human Settlement or Population Centers access to housing, infrastructure, equipment and basic services, based on the rights recognized by the Political Constitution of the United States Mexicans and international treaties signed by Mexico on the subject;

II. Equity and inclusion. Ensure the full exercise of rights under equal conditions, promoting social cohesion through measures that prevent discrimination, segregation or marginalisation of individuals or groups. To promote respect for the rights of vulnerable groups, the gender perspective and for all inhabitants to decide among a diverse range of land, housing, services, equipment, infrastructure and economic activities to your preferences, needs, and capabilities;

III. The right to urban property. Guarantee property rights with the intention that the owners have protected their rights, but also assume specific responsibilities with the state and with the society, respecting the rights and limits foreseen in the The Political Constitution of the United Mexican States and this Law. The public interest will prevail in the occupation and exploitation of the territory;

IV. Coherence and rationality. Adopt perspectives that promote territorial planning and urban development in a balanced, harmonious, rational and consistent manner, in line with national plans and policies; as well as to seek efficiency and transparency in the use of public resources;

V. Democratic participation and transparency. Protect the right of all persons to participate in the formulation, monitoring and evaluation of policies, plans and programs that determine the development of cities and territory. In order to achieve this, transparency and access to public information shall be ensured in accordance with the provisions of this Law and other relevant legislation;

VI. Productivity and efficiency. To strengthen the productivity and efficiency of cities and territory as an axis of economic growth, through the consolidation of road networks and mobility, energy and communications, creation and maintenance of productive infrastructure, quality public services and equipment. Maximize the city's ability to attract and retain talent and investments, minimizing costs and facilitating economic activity;

VII. Protection and progressiveness of the Public Space. Create conditions of habitability of public spaces, as fundamental elements for the right to a healthy life, coexistence, recreation and citizen security that considers needs differentiated by people and groups. The rescue, creation and maintenance of public spaces that may be extended or improved but never destroyed or diminished will be encouraged. In case of public utility, these spaces must be replaced by others that generate equivalent benefits;

VIII. Resilience, urban security and risks. Encourage and strengthen all institutions and measures of prevention, mitigation, care, adaptation and resilience that aim to protect people and their heritage, in the face of natural and anthropogenic risks; occupation of high-risk areas;

IX. Environmental sustainability. To promote priority, the rational use of water and the renewable and non-renewable natural resources, to avoid compromising the capacity of future generations. As well as avoid exceeding the capacity of ecosystem load and urban growth to occur on high quality agricultural soils, protected natural areas or forests, and

X. Universal accessibility and mobility. Promote adequate universal accessibility that generates closeness and favors the relationship between different urban activities with measures such as the flexibility of compatible soil uses and sustainable densities, a coherent pattern of road networks primary, the hierarchical distribution of equipment and an effective Mobility that privileges complete streets, public transport, pedestrian and non-motorized.

Article 5. Every public policy of territorial planning, urban development and planning and metropolitan coordination should observe the principles outlined in the previous article, regardless of the government order from which it emanates.

Third Chapter

Public Utility Causes

Article 6. In terms of the provisions of Article 27, third paragraph of the Political Constitution of the United Mexican States, public and social interest are in the public interest to establish Provisions, Reserves, Land Uses and Target areas and sites of the Population Centers, contained in the Urban Development plans or programs.

They are causes of public utility:

I. The Foundation, Conservation, Improvement, Consolidation and Growth of Population Centers;

II. The execution and fulfillment of plans or programs referred to in this Law;

III. The Constitution of Territorial Reserves for Urban Development;

IV. The regularization of land tenure in the Population Centers;

V. The execution of infrastructure, equipment, Urban and Urban Services, as well as the impetus of those destined for Mobility;

VI. Protection of the Natural and Cultural Heritage of the Population Centers;

VII. Preservation and restoration of ecological balance and protection of the environment in the Population Centres;

VIII. The creation, recovery, maintenance and defense of the Public Space for community use and for Mobility;

IX. The attention of emergency situations due to climate change and natural phenomena, and

X. The delimitation of risk zones and the establishment of protection, buffer and safeguard polygons to ensure the safety of persons and strategic national security installations.

In terms of the Political Constitution of the United Mexican States, expropriations can only be made for the sake of public utility and compensation.

TITLE SECOND

OF THE CONCURRENCY BETWEEN GOVERNANCE, COORDINATION, AND CONCERTATION ORDERS

Chapter First

Concurrency

Article 7. The privileges in matters of territorial planning, human settlements, urban development and metropolitan development, will be exercised concurrently by the Federation, the federative entities, the municipalities and the Demarcations Territorial, in the field of the competition granted to them by the Political Constitution of the United Mexican States and this Law, as well as through the mechanisms of coordination and concertation that are generated.

Chapter Second

Federation attributions

Article 8. Correspond to the Federation, through the Secretariat, the following attributions:

I. Formulate and conduct the national policy of human settlements, as well as territorial planning, in coordination with other dependencies of the Federal Public Administration;

II. Formulate the draft national strategy for territorial planning with the participation of the Federal Executive Branch, with the federal entities and the municipalities;

III. Participate, in coordination with the federative entities and the municipalities in the planning and promotion of the infrastructure, equipment and metropolitan services;

IV. To issue the guidelines on equipment, infrastructure, environment and connection with the environment, to which the actions to be carried out in the field of use or exploitation of the soil, as well as housing, financed with Federal resources, in terms of the Housing Act, as well as those of the agencies that finance housing for workers in compliance with the obligation under Article 123 of the Political Constitution of the United Mexican States;

V. Promote the implementation of systems or devices with high energy efficiency in public works of infrastructure and urban equipment, to ensure sustainable urban development;

VI. Provide for land needs for Urban Development and Housing at national level, considering the availability of water determined by the Secretariat of the Environment and Natural and Regular Resources, in coordination with the governments of the entities Federativas and municipalities, the mechanisms to meet these needs;

VII. Develop, support and implement programmes designed to meet the needs of urban land and the establishment of Territorial Provisions and Reserves for the proper development of the Population Centres, the above with collaboration between the agencies and entities of the Federal Public Administration, with the coordination between them and the governments of the federative entities and the municipalities, and with the participation and concertation with the various groups social;

VIII. Plan, design, promote and evaluate financing mechanisms for Regional, Urban, and Rural Development, with the participation that corresponds to the agencies and entities of the Federal Public Administration, the governments of the entities (

) the Federal Government of the European Union, the Federal Government of the European Union, the European Parliament and the Council of the European Union;

IX. Promote the construction of infrastructure and equipment for Regional, Urban, and Rural Development, in coordination with state, municipal and territorial demarcations, and with the participation of the social sectors and private, boosting access for all and all the services, benefits and prosperity offered by cities;

X. Formulate and implement the national program of territorial planning and urban development, as well as promote, control and evaluate its compliance;

XI. Participate in the identification, delimitation and planning of the Metropolitan and Disturbed Zones referred to in this Law;

XII. Propose to the competent authorities of the federative entities and the municipalities the creation of planning institutes, citizen observatories, participatory councils and other institutional and citizen structures, in the terms of this Law;

XIII. Coordinate their actions with the federative entities and the municipalities, with the participation of the social and private sectors, in the implementation of actions and investments for the territorial planning of human settlements and development Urban of the Population Centres, through the conclusion of agreements and agreements;

XIV. Advise state, municipal, and territorial demarcations to request, in the elaboration and execution of their Urban Development plans or programs and in the technical training of their personnel;

XV. Propose to the authorities of the federative entities the Foundation of Population Centers;

XVI. To verify that the actions and investments of the agencies and entities of the Federal Public Administration are in conformity with the legislation and plans or programs in matters of territorial planning, Urban Development and Integral Management of Risks;

XVII. Monitor the actions and works related to Regional and Urban Development that the agencies and entities of the Federal Public Administration execute directly or in coordination or consultation with the federal entities and the municipalities, as well. as with the social and private sectors;

XVIII. Formulate recommendations for the fulfillment of the national policy of territorial management of human settlements and the agreements and agreements signed by the authorities belonging to the Federal Executive with the public sectors, social and private development in the field of regional and urban development, as well as to determine, where appropriate, the corrective measures from the point of view;

XIX. To issue the criteria and normative guidelines for the territorial delimitation of metropolitan areas and conurbations; observing the national strategy of territorial planning and after consulting the federative entities;

XX. The issuing of Mexican official standards and the monitoring of their compliance with the matters provided for in this Law;

XXI. Participate in the ordination and regulation of conurbated areas of Population Centers located in the territory of two or more federal entities;

XXII. Encourage the development of studies and research, as well as training and technical assistance in the field of territorial planning, Urban Development and Metropolitan Development;

XXIII. Promote, in coordination with the Secretariat of Government, the development of instruments that identify high-risk areas in the face of disturbing natural and anthropogenic phenomena;

XXIV. Create and manage the territorial and urban information system in accordance with the provisions of this Law;

XXV. Integrate a metropolitan network that promotes the transfer of methodologies, good practices and the professionalization and exchange of information, as well as the development of joint strategic projects with the participation of institutions academic and private and social sectors;

XXVI. Seek, promote, respect, protect, ensure, and take the necessary measures for the full exercise of human rights related to territorial planning and urban development;

XXVII. Approve with the national council of territorial planning and urban development, the national strategy of territorial planning, as well as its modifications;

XXVIII. Provide for the mechanism to assist, advise and, where appropriate, represent the interests of the inhabitants before any administrative or judicial authority, with special attention to women and the most disadvantaged sectors;

XXIX. To advise federal entities, municipalities and territorial demarcations to ensure the correct distribution of competencies among government levels;

XXX. Promote programs that encourage the uniformity of procedures, permits and authorizations in the field;

XXXI. Develop programs and actions for the reduction of greenhouse gas emissions, in the field of the competencies of this Law and in accordance with the current legal framework, approved international treaties and other applicable legal provisions, and shall report annually on their progress, and

XXXII. The others I pointed out to you this Law and other legal provisions.

Article 9. The Secretariat shall issue official Mexican rules that aim to establish guidelines, criteria, technical specifications and procedures to ensure appropriate measures for territorial planning, Urban Development and Metropolitan development only in the following aspects:

I. The structure of the network of primary roads in human settlements, Population Centers and their areas of growth, and for headworks and urban mobility;

II. The stewardship and use of non-urbanizable environmental value zones, including the first dunes of the beaches, rivers, lakes and water regulators, for urban resilience;

III. The approval of terminology for the hierarchy of public spaces and equipment in the plans or programs of Urban Development;

IV. The approval of contents, methodologies and graphic expression for the elaboration of plans and programs in the field, and the criteria for its updating with a long-term vision, and

V. The prevention and care of contingencies in the Population Centers for the strengthening of Resilience.

Themselves to be observed by the three government orders.

Third Chapter

Federative entities attributions

Article 10. Corresponds to the federative entities:

I. Legislation on human settlements, Urban Development and territorial planning, as well as for the planning, management, coordination and development of conurbations and metropolitan areas, in their territorial jurisdictions, taking into account concurrent powers provided for in the Political Constitution of the United Mexican States and the provisions of this Law;

II. Establish rules according to which will be promoted and will give participation to the citizenry in the planning, monitoring and evaluation processes referred to in this Law;

III. Promote compliance and effective protection of human rights related to the Territorial Ordinance of Human Settlements, Urban Development and Housing;

IV. Apply and adjust your planning processes to the national territorial planning strategy;

V. Formulate, approve and administer its state program of territorial planning and urban development, as well as monitor and evaluate its compliance with the participation of municipalities and society;

VI. Promote and decree the Foundation of new Population Centers, based on proposals made by the Secretariat or the municipalities;

VII. Analyze and qualify the congruence and linkage with the state planning, which must be observed by the various municipal programs of Urban Development, including those of conurbations or metropolitan areas, through opinions of congruence state;

VIII. To register in the Public Registry of the Property, at the request of a party, the municipal plans and programs in matter of Urban Development, Reserves, Land Uses and Destinations of areas and premises, when these have congruence and are adjusted with the state and federal planning;

IX. Establish the rules according to which the assessment of the urban and territorial impact of the works or projects that generate significant effects in the territory will be carried out; which must be included in the development plans Urban;

X. Participate, in accordance with federal and local legislation, in the constitution and administration of territorial reserves, the provision of infrastructure, equipment and urban services, the safeguarding of the population that is located in the polygons of protection and cushioning determined by the Urban Development plans; as well as in the protection of Natural and Cultural Heritage, and of the environmental value zones of the ecological balance of the Population Centers;

XI. Intervene in the prevention, control and solution of irregular human settlements, in the terms of the applicable legislation and in accordance with Urban Development, conurbations and metropolitan areas including the approach of gender and the human rights framework;

XII. Issue and, where appropriate, modify local legislation in the area of Urban Development that will contribute to the financing and implementation of the territorial planning and urban development and metropolitan development in conditions of equity. as for the recovery of public investments and the increase in the value of real estate generated by consolidation and urban growth;

XIII. Participate in the planning and regulation of metropolitan areas and conurbations, in the terms provided for in this Law and in the laws of the federal entities that, where appropriate, correspond;

XIV. Establish and participate in the metropolitan coordination instances in the terms of this Law;

XV. Coordinate their actions with the Federation, with other federative entities, their municipalities or territorial demarcations, as appropriate, for the Territorial Order of Human Settlements and the Planning of Urban Development and Development Metropolitan; as well as for the execution of actions, works and investments in infrastructure, equipment and Urban Services, including those related to Mobility and universal accessibility;

XVI. To agree with the social and private sectors to carry out concerted actions and investments for Regional Development, Urban Development and Metropolitan Development, taking into account the principles of this Law and the laws of the material;

XVII. Support municipalities that request it, in the administration of municipal public services, in the terms of applicable laws;

XVIII. To assess and monitor, in the terms of local laws relating to, the urban or regional impact of works and projects that generate effects in the territory of one or more municipalities of the entity concerned;

XIX. To support the municipal authorities that request it, in the administration of the planning of Urban Development, or to agree with them the transfer of state faculties in urban matter, in terms of the conventions that for this purpose celebrate;

XX. Impose administrative penalties on violators of the legal provisions and the state programs of Urban Development and Metropolitan Development, as provided for in the General Law on Administrative Responsibilities, as well as (a) to the competent authorities, for the application of penalties which are derived from offences and violations of such provisions in criminal matters;

XXI. Implement and promote the technical policies and criteria of the tax laws, which will contribute to the financing of territorial planning and urban development, Regional Development and Metropolitan Development in conditions of equity, as well as the recovery of the value increase in real estate generated by consolidation and urban growth;

XXII. Formulate and implement policies, as well as actions on urban structuring, soil management, Natural and Cultural Heritage Conservation and universal accessibility, including Mobility;

XXIII. Assess and follow up, in the terms of local laws applicable to the territorial impact of works and projects that generate effects in the territory of one or more municipalities of the entity concerned;

XXIV. Prevent and avoid occupation by human settlements in high-risk areas, in accordance with risk atlas and in terms of applicable law;

XXV. To establish in the laws and regulations of the matter, the guidelines to which the authorizations, licenses or permits related to the different urban actions will have to be subject, in which the formalities must be foreseen at least and requirements, procedures, causes of origin, response times, means of impeachment, security measures and sanctions, causes of revocation and effects for the application of affirmative or negative statements, aimed at ensuring security the legal and maximum transparency in the acts of authority in the field;

XXVI. To attend to the consultations held by the municipalities on the appropriate congruence, coordination and adjustment of their municipal plans and programs in the field of Urban Development, and

XXVII. The others that point to them this Law and other federal and local legal provisions.

Chapter Fourth

Powers of the Municipalities

Article 11. Corresponds to the municipalities:

I. Formulate, approve, administer and implement municipal Urban Development plans or programs, of Population Centers and others that derive from them, adopting norms or criteria of congruence, coordination and adjustment with other higher levels planning, Mexican official standards, as well as evaluating and monitoring compliance;

II. Regulate, control and monitor the Reserves, Soil Uses and Destinations of areas and premises, as well as high-risk areas in the Population Centers within the municipality;

III. To formulate, approve and administer the Zoning of the Population Centers within the municipality, in the terms provided for in the municipal plans or programs and in the other ones derived from them;

IV. Promote and execute public actions, investments and services for the Conservation, Improvement and Growth of Population Centers, considering the substantive equality between men and women and the full exercise of human rights;

V. Propose to the competent authorities of the federative entities the Foundation and, where appropriate, the disappearance of Population Centers;

VI. Participate in the planning and regulation of metropolitan areas and conurbations, in the terms of this Law and local legislation;

VII. Conclude association agreements with other municipalities to strengthen their urban planning processes, as well as for the programming, financing and execution of actions, works and the provision of common services;

VIII. To conclude with the Federation, the respective federative entity, with other municipalities, territorial demarcations or with the individuals, agreements and coordination agreements and concertation that support the objectives and priorities foreseen in the plans or municipal urban development programmes, of population centres and the other programmes of such programmes;

IX. To provide municipal public services, in accordance with the provisions of the Political Constitution of the United Mexican States and in local legislation;

X. Coordinate their actions and, where appropriate, conclude agreements to partner with the respective federative entity and with other municipalities or with individuals, for the provision of municipal public services, in accordance with the provisions of the legislation local;

XI. To issue the authorizations, licenses or permits of the various urban actions, with strict adherence to the local legal norms, plans or programs of Urban Development and their corresponding Reserves, Uses of the Soil and Destinations of areas and (

)

XII. To validate before the competent authority of the federal entity, on the appropriate congruence, coordination and adjustment of its municipal plans and programs in the field of Urban Development, the above in the terms provided for in Article 115, V of the Political Constitution of the United Mexican States;

XIII. Request the competent authority of the federal entity, the timely registration in the Public Registry of the Property of the entity the plans and programs mentioned in the previous fraction, as well as its publication in the gazette or newspaper entity officer;

XIV. Request the incorporation of Urban Development plans and programs and their modifications to the territorial and urban information system in charge of the Secretariat;

XV. To intervene in the regularization of the tenure of the urban land, in the terms of the applicable legislation and in accordance with the plans or programs of Urban Development and the Reserves, Uses of the Soil and Destinations of areas and premises;

XVI. To intervene in the prevention, control and solution of irregular human settlements, in the terms of the applicable legislation and in accordance with plans or programs of Urban Development and metropolitan areas and conurbations, in the framework of the of human rights;

XVII. Participate in the creation and administration of land and territorial reserves for urban development, in accordance with the applicable legal provisions; as well as generate the instruments that allow the availability of land for people in a situation of poverty or vulnerability;

XVIII. Address and comply with the guidelines and standards for protection and safeguarding polygons in areas of risk, as well as restricted or identified areas as non-urbanized areas by law contained in federal laws;

XIX. Impose administrative penalties on violators of the legal provisions, plans or programs of Urban Development and Reserves, Soil Uses and Destinations of Areas and Prediums in terms of the General Law of Administrative Responsibilities, as well. to give a view to the competent authorities, for the application of the penalties which in criminal matters are derived from the faults and violations of the legal provisions of such plans or programs of Urban Development and, where appropriate, of ordination ecological and environment;

XX. Formulate and execute specific promotion and protection actions to public spaces;

XXI. Inform and disseminate annually to the citizenry about the implementation and implementation of Urban Development plans or programs;

XXII. Create the mechanisms for citizen consultation for the formulation, modification, and evaluation of municipal urban development plans or programs and those that emanate from them in accordance with the provisions of this Law;

XXIII. Promote compliance and the full enforcement of human settlement, Urban Development and Housing rights;

XXIV. Promote and execute actions to prevent and mitigate the risk of human settlements and increase the resilience of human settlements to natural and anthropogenic phenomena, and

XXV. The others I pointed out to you this Law and other federal and local legal provisions.

Chapter Fifth

Coordination and concertation

Article 12. The Secretariat with the participation, if any, of other agencies and entities of the Federal Public Administration, will promote the conclusion of agreements and agreements of coordination between the Federation and the federal entities with the intervention by the respective municipalities and territorial demarcations, as well as agreements with the social and private sectors.

Article 13. The municipal governments and those of the federative entities may sign coordination agreements, with the purpose of having the latter assume the exercise of functions that in the field of human settlements and Urban Development correspond to the municipalities, or to the municipalities to assume the functions or services that correspond to the federative entities.

THIRD TITLE

DELIBERATIVE AND AUXILIARY ORGANS

Chapter First

National Council on Territorial Planning and Urban Development

Article 14. The National Council is the consultative, plural and citizen participation body, convened by the head of the Secretariat, for the consultation, advisory, monitoring and evaluation of national policies in the material.

Article 15. The head of the Secretariat will determine the form of organization and integration of the National Council, based on principles of plurality and gender equity, as well as considering the federal regime of the country and the representativeness of the sectors. public, social and private.

The head of the Secretariat will preside over the National Council and, if necessary, his absences will be replaced by the one who appoints. The holder of the Secretariat shall designate the person serving as the Technical Secretary of the Council.

Article 16. The National Council will have the following powers:

I. To know, analyze and formulate proposals on the draft national territorial planning strategy to be submitted to it by the Secretariat, as well as its modifications and additions;

II. To know and review the draft national territorial planning programme and its annual implementation reports;

III. To know, to consider and propose changes in the public policies, programs and actions that the Secretariat makes in matters of territorial planning and Urban Development;

IV. To know and review the policies or actions of the agencies and entities of the Federal Public Administration or bodies of the National Council that execute directly or in coordination with other agencies or entities of the Federal Public Administration, federal entities or municipalities, related to Regional and Urban Development;

V. Know and review the guidelines, agreements and official Mexican rules issued by the Secretariat;

VI. Understanding and opining on metropolitan area conventions;

VII. To know and express the opinion of the creation of new Population Centers;

VIII. Promote the creation of planning institutes, citizen observatories, participatory councils and other institutional and citizen structures;

IX. Opinion on the budgets of the agencies and entities of the Federal Public Administration and the national, state and, where appropriate, municipal and territorial demarcations, intended for programs and actions urbanistics;

X. Propose the necessary structural changes in the area of territorial planning and urban development, in accordance with the analysis carried out in the field, as well as the federal regulatory framework, of the federal entities, of the municipalities and territorial demarcations;

XI. Propose criteria for the planning and implementation of Urban Development policies and programs in the federal, regional, state, municipal and territorial demarcations;

XII. Propose general organizational schemes for the effective care, coordination and linkage of Urban Development activities in the different sectors of the Federal Public Administration, with the federal entities, the municipalities, and the Territorial demarcations with the various productive sectors of the country;

XIII. Request and receive information from the different dependencies and entities that perform Urban Development programs and actions;

XIV. Issue guidelines for operation and operation;

XV. Approve the creation of committees and working groups for the attention of specific topics and issue guidelines for their operation, and

XVI. The others I pointed out to you this Law.

Article 17. The National Council shall meet in an ordinary manner once a year and in an extraordinary manner when necessary for a call by the Technical Secretariat.

The participation in the National Council will be honorific, so its members will not receive any remuneration or consideration.

Article 18. The agreements of the National Council shall be published in the Official Journal of the Federation and shall be implemented in accordance with the privileges that the law establishes for the various instances that make up the law.

Chapter Second

Local and Municipal Councils of Territorial Ordering, Urban and Metropolitan Development

Article 19. To ensure the consultation, opinion and deliberation of the policies of territorial planning and planning of Urban Development and Metropolitan Development, according to the system of democratic planning of national development foreseen in the Article 26 of the Political Constitution of the United Mexican States, federal entities and municipalities, within the scope of their respective competences, will form the following auxiliary bodies for citizen participation and conformation plural:

I. The state councils of territorial planning and urban development;

II. The metropolitan and conurbations commissions, and

III. The municipal councils of Urban Development and housing are necessary.

It will be up to the executive powers of the federative entities, the municipalities and the territorial demarcations to create and support in the operation of such councils, in their respective fields territorial.

Article 20. To ensure that the state councils are representative according to a democratic planning system, the number of members, with a gender perspective, will be defined in their respective internal regulations. representatives of the social and governmental sectors of the corresponding government orders, colleges of professionals, academic institutions, business organs of the sector and experts, among others, to participate and interact in the formulation, implementation, evaluation and monitoring of policies on territorial planning and planning Urban Development and Metropolitan Development.

The members of the councils will act in an honorary degree, so they will not be able to charge or receive any remuneration or emolumento for their function, and will have the technical support necessary to carry out their work.

Article 21. The councils referred to in the previous articles or the councils carrying out such work shall, in the sphere of their territorial areas, have the following functions:

I. Issue opinions and formulate proposals on the implementation and orientation of territorial planning policies and the planning of Urban Development and Metropolitan Development to be developed by the federative entity, as well as regional planning. the establishment of the federal authority or the federative entity when it affects the territory of its municipalities;

II. Promote citizen participation and social organizations in the monitoring, operation and evaluation of the policies referred to in the previous fraction;

III. Support the authorities in the promotion, dissemination and implementation of the plans and programmes of the subject;

IV. To propose to the different authorities of the three government orders the topics that for their importance merit being submitted to public consultation;

V. Propose to the authorities of the three government orders the policies, programs, studies and specific actions in the field of territorial planning and Urban Development;

VI. Periodically evaluate the results of the strategies, policies, programs, strategic projects, studies and specific actions in the field;

VII. Propose and promote the collaboration of public and private bodies, national or foreign, in the territorial planning and urban development and metropolitan development;

VIII. Propose to the competent authorities the carrying out of studies and research in the field;

IX. Recommend that the competent authorities carry out audits to priority programmes where there are causes that merit it;

X. To promote the conclusion of agreements with agencies or entities of the Federal Public Administration, of federal entities and of municipalities, as well as with private sector organizations, for the implementation of the programs related to the material;

XI. To inform public opinion on the general interest aspects related to the policies of territorial planning and planning of Urban Development and Metropolitan Development;

XII. Integrate the commissions and working groups that are necessary for the exercise of their functions;

XIII. Issue its rules of procedure, and

XIV. Any other necessary for the performance of the object.

At all times it will be the responsibility of the Secretariat and the governments of the federal entities to provide timely and truthful information to the councils for the exercise of their functions. All opinions and recommendations of the State Councils shall be public and shall be available in electronic means of communication.

TITLE FOURTH

TERRITORIAL PLANNING, URBAN DEVELOPMENT AND METROPOLITAN PLANNING SYSTEM

Chapter First

General Territorial Planning System

Article 22. The planning, regulation and evaluation of the Territorial Order of Human Settlements and Urban Development of the Population Centers are part of the National Democratic Planning System, as a global policy, sector and regional that contribute to the achievement of the objectives of the National Development Plan, federal programs and state and municipal plans.

The planning of the Territorial Order of Human Settlements and Urban Development and the Population Centers will be in charge, concurrently, of the Federation, the entities The Federal Constitution of the United States of Mexico and this Law, according to the jurisdiction that determines the Political Constitution of the United Mexican States and this Law.

Article 23. The planning and regulation of the Territorial Order of Human Settlements and Urban Development of the Population Centers will be carried out by holding the National Program for Territorial Planning and Urban Development. from:

I. The national territorial planning strategy;

II. The state programs of territorial planning and urban development;

III. The programmes of metropolitan areas or conurbations;

IV. Municipal Urban Development plans or programs, and

V. The Urban Development plans or programs derived from those mentioned in the previous fractions and that determine this Law and the state legislation of Urban Development, such as those of Population Centers, partial, sectoral, schemes of Simplified planning and rural service centres.

The plans or programs referred to in this article shall be governed by the provisions of this Law and, where appropriate, by the State Urban Development legislation and by the administrative regulations and regulations. federal, state and municipal applicable. They are mandatory and must be incorporated into the territorial and urban information system.

The Federation and federal entities will be able to agree on planning mechanisms for metropolitan areas to coordinate actions and investments that will encourage the development and regulation of settlements. human, with the participation that corresponds to the municipalities according to the local legislation.

The related planning instruments must be congruent with each other, subject to the hierarchical order that establishes their territorial scope, and with the opinions of validation and congruence that for that purpose they will be requested and issued by the different government orders, for their application and compliance.

Chapter Second

National Territorial Ordering Strategy

Article 24. The national territorial planning strategy configures the spatial dimension of the country's development in the medium and long term; it will establish the basic framework of reference and territorial congruence with the National Development Plan. the country's sectoral and regional programmes in the field of Territorial Ordering of Human Settlements, and will promote the rational use of the territory and the balanced development of the country.

The national territorial planning strategy should:

I. Identify rural urban systems and regionalization that are functionally structured in the country; it will also guide the delimitation and characterization of strategic metropolitan areas to boost economic development and reduce regional disparities;

II. To propose measures for the sustainable development of the regions of the country, according to their natural resources, their productive activities and the balance between the Human Settlements and their environmental conditions;

III. Propose guidelines for the allocation of infrastructure, equipment and facilities that are essential for the development of the regions and the country, and

IV. Raise the mechanisms for their implementation, inter-sectoral articulation and evaluation.

Article 25. The national territorial planning strategy will have a vision with a horizon of twenty years of national development, can be reviewed and in its case updated every six years or when profound changes occur that may affect the territorial structure of the country. Its elaboration and modification will follow the following process:

I. The President of the National Council shall convene plenary sessions, so that its members, together, formulate the proposal for a national strategy for territorial planning;

II. The draft national strategy for territorial planning will be put to the consultation of the federative entities through the state councils of territorial planning and urban development, and the Congress of the Union to receive their opinions, and

III. Once the national strategy of territorial planning by the Federal Executive has been approved and published in the Official Journal of the Federation, the agencies and entities of the Federal Public Administration, the federal entities and the municipalities adjust their planning processes to what is established in that strategy.

Third Chapter

National Territorial Planning and Urban Development Program

Article 26. The national programme of territorial planning and urban development shall be subject to the national development plan and the national territorial planning strategy and shall contain:

I. The diagnosis of the situation of the Territorial Ordering and Human Settlements in the country, which includes, among other elements, the pattern of distribution of the population and economic activities in the national territory;

II. The country's policies, objectives, priorities and strategic guidelines for Urban Development and Metropolitan Development;

III. The structure of rural urban systems in the country and the characterization of the Population Centers that make up the National Territorial System;

IV. Policies and strategies for the territorial management of Rural Urban Systems, Human Settlements and Urban Development of Population Centers;

V. The guidelines for the sustainable development of the regions of the country, according to their natural resources, their productive activities and the balance between the Human Settlements and their environmental conditions;

VI. The needs of Urban Development to raise the volume, structure, dynamics and distribution of the population;

VII. The general strategies to prevent negative impacts on the urban and regional environment originated by the Foundation and Growth of the Population Centers and to promote the Integral Management of Risk and Urban Resilience within the framework of the human rights;

VIII. The general policies for territorial planning, metropolitan areas and conurbations, Human Settlements and Population Centers;

IX. The guidelines and strategies that guide public and private investment in priority projects for the country's urban development;

X. The overall goals for quality of life in the country's urban and rural population centers, as well as in indigenous communities;

XI. The global territorial reserves requirements for Urban Development, as well as the mechanisms to meet these needs;

XII. The indication of the financial mechanisms and instruments for urban development for the implementation and implementation of the programme;

XIII. The criteria, mechanisms, objectives and indicators in the area of Resilience to be observed by the three government orders in the elaboration of their programs or plans in the subjects of this Law, and

XIV. Schemes and mechanisms that promote equity, inclusion and universal accessibility in Urban Development, Territorial Planning and Human Settlements.

Article 27. The national program of territorial planning and urban development will be approved every six years by the head of the Federal Executive with the opinion of the National Council and will be subject to a permanent process of control and evaluation. Its amendments shall be made with the same formalities as for its approval.

The Secretariat will promote social participation in the elaboration, updating and implementation of the national program of territorial planning and urban development, taking into account the provisions of the Law of Planning and with the intervention of the auxiliary organs of citizen participation and plural conformation provided for in Article 19 of this Law.

The Secretariat, annually, will present to the National Council a report on the implementation and follow-up of the National Program on Territorial Planning and Urban Development.

Chapter Fourth

State Programs of Territorial Planning and Urban Development

Article 28. The state programs of territorial planning and urban development, the municipal plans or programs of Urban Development, will be approved, executed, controlled, evaluated and modified by the local authorities, with the formalities provided for in state legislation on the subject, and in line with Mexican official standards in the field.

The public authorities responsible for the implementation of the plans and programmes referred to in this article have the obligation to provide their public consultation in a physical manner in their offices and in a manner electronic, through their websites, in terms of the legislation on transparency.

Article 29. The following elements shall be considered by the federative entities, when formulating their state programmes of territorial planning and urban development:

I. The general guidelines of articulation and congruence with the national strategy of territorial planning;

II. Territorial analysis and congruence with the national program of territorial planning and urban development, the programs of ecological management, risk prevention and other sectoral programs that have an impact on their territorial scope state, and

III. The general framework of laws, regulations and rules and the territorial plans of wider territorial areas or which are part of the plan or programme in formulation.

Programs will contain:

a) The analysis of the situation, its trends, and the enunciation of desired objectives and results, which must be addressed simultaneously; as well as the way in which the diagnosis and prognosis will be carried out trend and normative, which summarize the confrontation between reality and the desired;

b) Medium and long-term strategies for their implementation, their assessment and selection of the most favourable to close the gaps between the situation, their trends and the desired scenario;

c) The definition of the actions and strategic projects that allow their implementation;

d) Determination of goals and mechanisms and periods for evaluation of results;

e) The instruments for program compliance and execution, and

f) Congruence with the national risk atlas.

Article 30. State Urban Development legislation will determine the form and procedures for the social and private sectors to participate in the formulation, modification, evaluation and monitoring of Urban Development plans or programs.

In the approval and modification of plans or programs, the following procedure must be considered:

I. The competent state or municipal authority shall give public notice of the start of the planning process and shall formulate the draft Urban Development plan or programme or its amendments, spreading it widely;

II. A deadline and a schedule of public hearings shall be established for interested parties to submit in paper form and in electronic form through their websites, to the competent authorities, the approaches they consider to be project of the Urban Development plan or programme or its modifications;

III. The responses to the proposals and the modifications to the project must be based on, and will be, a public consultation at the offices of the relevant State or municipal authority, in paper form and electronically to through their websites, during the deadline set by the state legislation, prior to the approval of the Urban Development plan or program or its modifications, and

IV. Completion of the formalities for approval, the respective plan or programme or its modifications may be issued by the competent authority and for its validity and enforcement shall be published in the official dissemination organ of the government of the status. In addition, the issuing authority will seek its wide public dissemination through the means it deems appropriate.

Chapter Fifth

Metropolitan Programs and Disturbed Zones

Article 31. Where one or more urban centres located in municipal or territorial demarcations of two or more federative entities form a physical and demographic continuity, the Federation, the federative entities, the municipalities or the Respective territorial demarcations, within the scope of their powers, shall plan and regulate in a joint and coordinated manner the development of such urban centres in accordance with the provisions of this Law, and shall constitute a Metropolitan Area or conurbated interstate.

Article 32. The Federation, federative entities, municipalities and territorial demarcations must agree to the delimitation and constitution of a metropolitan area or conurbated when the study and joint planning of two or more Population centres located in the territory of neighbouring federal entities.

In interstate metropolitan areas and interstate conurbations, an ordering commission will be established, which will have a permanent character and will be made up of a representative of each entity. The Federal Ministry of Agriculture and the Federal Ministry of Agriculture, the Federal Ministry of Agriculture, the Federal Ministry of Agriculture and the Federal Ministry of Agriculture, and a representative of the Secretariat who will chair it, will function as a mechanism for institutional coordination and coordination of actions and investments with the social and private

.

The commission will formulate and approve the Metropolitan Area or Intermunicipal Urban Area, as well as manage and evaluate its compliance.

Article 33. The metropolitan areas or conurbations located in the territory of one or more municipalities of the same federal entity shall be regulated by local law and shall be coordinated with the federal and state authorities, taking into account the principles, policies and guidelines referred to in this Law. The Federal, State and Municipal governments will jointly and jointly plan their development, with the effective participation of society, as well as for the most effective delivery of public services.

Article 34. They are of metropolitan interest:

I. The planning of the territory and human settlements;

II. Road infrastructure, transit, transport and mobility;

III. Soil and Territorial Reserves;

IV. Densification, urban consolidation and efficient use of the territory, with safe and quality public spaces, as an articulator axis;

V. Housing policies and those relating to regional and metropolitan equipment;

VI. The location of metropolitan industrial development spaces;

VII. Comprehensive water management and water resources, including drinking water, drainage, sanitation, wastewater treatment, watershed recovery, and stormwater utilization;

VIII. Preservation and restoration of ecological balance, sustainable use of natural resources and protection of the environment, including air quality and protection of the atmosphere;

IX. Comprehensive management of municipal solid waste, especially industrial and hazardous waste;

X. Prevention, mitigation and resilience to the risks and effects of climate change;

XI. Strategic and security infrastructure and equipment;

XII. Universal accessibility and mobility;

XIII. Public security, and

XIV. Other actions which, on a proposal from the committee, are to be established or declared by the competent authorities.

Article 35. For the purposes of the previous article, the Secretariat will issue the guidelines through which methods and procedures will be established to measure and ensure that projects and actions related to policies, guidelines and actions Metropolitan interest, meet your objective of coverage and guarantee consistency with the different levels and areas of planning.

Chapter Sixth

Metropolitan Governance

Article 36. To achieve effective metropolitan governance, mechanisms and instruments of mandatory nature will be established to ensure the coordinated institutional action of the three government orders and the participation of society.

The management of metropolitan areas or conurbations will be performed through the following instances:

I. A commission of metropolitan or conurbation, as it is, to be integrated by the Federation, the federative entities, the municipalities and the territorial demarcations of the area in question, who will participate in the field of its competence to comply with the objectives and principles referred to in this Law. They will have the task of coordinating the formulation and approval of the metropolitan programs, as well as their management, evaluation and compliance. This Commission may have subcommittees or councils composed of equal numbers of representatives of the three government orders;

II. A metropolitan development advisory council that will promote public and inter-institutional consultation processes in the various phases of the formulation, approval, implementation and monitoring of the programs.

This Council will be integrated with a gender perspective, by representatives of the three government orders and representatives of legally constituted social groups, professional associations, institutions This is the last sector to be formed by a majority in the Council. Their members shall elect whom they shall chair;

III. The technical mechanisms in charge of the federative entities and municipalities, under the appropriate figure, will be permanently sessioned. The Metropolitan Planning Commission and the Metropolitan Development Advisory Council will be at least quarterly. The legal instruments, for their integration and functioning, and their rules of procedure, shall be subject to the provisions of this Law and the applicable State legislation;

IV. Instances that enable the provision of common public services, and

V. The mechanisms and sources of financing for metropolitan actions, including the metropolitan fund, among others.

Article 37. Programs in metropolitan areas or conurbations must have:

I. Consistency with the national territorial planning strategy;

II. A comprehensive diagnosis that includes short-, medium-and long-term forward-looking vision;

III. Strategies and projects for the integral development of the Metropolitan Zone or Conurbation, which articulates the various social, economic, urban, tourism, environmental and climate change systems, plans or programs that impact on its territory;

IV. The delimitation of the Population Centers with geographic reserve spaces for an orderly long-term expansion, which considers technical estimates of growth;

V. The priorities for the occupation of vacant urban land, the orderly urbanization of peripheral expansion and the appropriate location in relation to the consolidated urban area of soil suitable for progressive urbanization;

VI. Policies and instruments for the restructuring, location, improvement of infrastructure and equipment in the metropolitan area;

VII. The actions and investment forecasts for the provision of infrastructure, equipment and Urban Services that are common to the Population Centers of the conurbated zone;

VIII. Mobility actions, including mass public transport, non-motorised systems and those of low environmental impact;

IX. Forecasts and actions to improve environmental conditions and comprehensive water management;

X. Priority forecasts and actions to conserve, protect, enhance and improve the Public Space;

XI. Strategies for the Conservation and Improvement of Urban and Natural Heritage and Cultural Heritage;

XII. Security, risk prevention and resilience strategies, and

XIII. Methodology or indicators to monitor and evaluate the implementation and compliance of the objectives of the Metropolitan Zone program or Conurbation.

Additionally, the municipalities and, where appropriate, the Territorial Demarcations, will be able to formulate and approve partial programs that will establish the diagnosis, the objectives and the governmental strategies for the different subjects or subjects, prioritizing the topics of metropolitan interest established in this Law.

Article 38. Once the programs of the metropolitan areas or conurbations, the municipalities and the respective territorial demarcations, in the field of their jurisdictions, have been approved, they will have a period of one year to issue or adapt their plans or programs of urban development and the corresponding to the population centers involved, which must have due congruence, coordination and adjustment with the program of the metropolitan area or corresponding conurbation.

Article 39. The Megalopolis or metropolitan areas with functional economic and social relations, and with common territorial and environmental problems, will coordinate in the subjects of metropolitan interest with the Secretariat, other dependencies and entities of the Federal Public Administration, and with the government of the federative entities of the corresponding metropolitan areas.

The attention and resolution of problems and urban needs common to Border Population Centers in relation to locations in other countries will be subject to international treaties, agreements and conventions. in the matter. In the attention and resolution of these problems and urban needs, the participation of the federative entities and the respective municipalities will be promoted.

Chapter Seventh

Urban Development Plans and Municipal Programs

Article 40. The municipal Urban Development plans and programs will point out the specific actions necessary for the Conservation, Improvement and Growth of the Population Centers, and will establish the corresponding Zoning. In case the City Council issues the Urban Development program of the respective population center, these specific actions and the applicable Zoning will be contained in this program.

Article 41. The federative entities and the municipalities will promote the elaboration of partial programs and action ranges that will allow to carry out specific actions for the Growth, Improvement and Conservation of the Population Centers, for the formation of urban assemblies and integral neighborhoods.

These partial programs will be regulated by state legislation and will be able to integrate the sectoral approaches to Urban Development, in such areas as: historical centers, Mobility, environment, housing, water and sanitation, among others.

Article 42. Local laws will establish simplified planning schemes for localities less than fifty thousand inhabitants who, if necessary, should have due congruence, coordination and adjustment with plans or programs of Urban Development. prepared in accordance with the provisions of this Law.

Article 43. The authorities of the Federation, the federative entities and the municipalities, in the sphere of their respective competences, will enforce the plans or programs of Urban Development and the observance of this Law and the state legislation of Development Urban.

Article 44. The city council, once it approves the Urban Development plan or program, and as a prerequisite for its registration in the Public Registry of the Property, shall consult the competent authority of the federal entity concerned, on appropriate congruence, coordination and adjustment of such instrument with state and federal planning. The state authority has a period of ninety working days to give an answer, counted from the fact that the application is presented accurately, whether or not there is congruence and adjustment. In response to the failure to respond, the affirmative operates.

If it is not favourable, the opinion shall clearly and clearly justify the recommendations it considers relevant for the Council to make the necessary amendments.

Article 45. Urban Development plans and programs should consider ecological systems and the general criteria for ecological regulation of Human Settlements as set out in Article 23 of the General Law of Balance. Ecological and Environmental Protection and Mexican official standards in ecological matters.

Environmental impact demonstration authorizations to be granted by the Secretariat of the Environment and Natural Resources or by federal entities and municipalities in accordance with the legal provisions Environmental protection must be considered to be in compliance with legislation and plans or programmes in the field of Urban Development.

Article 46. Urban Development plans or programs should consider the official Mexican regulations issued in the field, the measures and criteria in the area of Resilience provided for in the national program of territorial planning and urban development. and in the atlas of risks for the definition of the Usos of the soil, Destinations and Reserves. The authorization of construction, construction, construction of infrastructure to be carried out by the Secretariat or the federative entities and the municipalities will have to carry out a risk analysis and in their case define the mitigation measures for their reduction in the framework of the General Civil Protection Act.

TITLE FIFTH

OF THE PROPERTY REGULATIONS IN THE

POPULATION CENTERS

Single Chapter

Of Property Regulations in Population Centers

Article 47. To comply with the purposes set out in the third paragraph of Article 27 of the Political Constitution of the United Mexican States regarding the Foundation, Conservation, Improvement and Growth of the Population Centers, the exercise of the the right of ownership, possession or any other derivative of the holding of immovable property located in such centres, shall be subject to the Provisions, Reserves, Uses and Destinations to be determined by the competent authorities, in the plans or programmes of Applicable Urban Development.

Article 48. The areas and premises of a population centre, irrespective of their legal status, are subject to the provisions of urban planning which are dictated by the authorities in accordance with this Law and other applicable legal provisions.

Agricultural, livestock and forestry land, as well as those for ecological preservation, should preferably be used in such activities or purposes.

Article 49. For the Foundation of Population Centers it is required of its express declaration by decree issued by the legislature of the corresponding federative entity.

The decree referred to in the preceding paragraph shall contain determinations on Provision of land; order the formulation of the respective Urban Development plan or program and assign the category administrative policy to the population centre.

Article 50. The Foundation of Population Centers should be carried out in lands susceptible to urban exploitation, assessing its environmental impact and respecting the natural protected areas, the pattern of rural human settlement and the indigenous communities.

Article 51. The municipal Urban Development plans or programs will point out the specific actions for the Conservation, Improvement and Growth of the Population Centers and will establish the corresponding Zoning. They will also have to specify the mechanisms that will allow the implementation of their main projects, such as the creation of territorial reserves, the creation of infrastructure, equipment, services, land served, housing, and space. public, among others. In case the City Council issues the Urban Development program of the respective Population Center, these specific actions and the applicable Zoning will be contained in this program.

Article 52. State legislation in this field will point to the requirements and scope of the actions of Foundation, Conservation, Improvement and Growth of the Population Centers, and will establish the provisions for:

I. The allocation of soil uses and compatible destinations, promoting mixed soil uses, seeking to integrate residential, commercial and work centers, preventing the disordered physical expansion of population centers and the appropriate road structure;

II. The formulation, approval and execution of Urban Development plans or programs;

III. The conclusion of agreements and arrangements for coordination with public sector agencies and agencies and for the coordination of actions with the social and private sector bodies;

IV. The acquisition, allocation or destination of buildings by the public sector;

V. The construction of adequate housing, infrastructure and equipment of the Population Centers;

VI. The regularization of the tenure of urban land and buildings;

VII. The compatibility of public services and the telecommunications and broadcasting infrastructure, in any use of land, for urban and non-urbanizable areas;

VIII. Others deemed necessary for the best effect of the actions of Conservation, Improvement and Growth, and

IX. The prevention, surveillance and control of the irregular occupation of the land.

Article 53For the execution of Population Centers Improvement and Conservation actions, in addition to the forecasts outlined in the previous article, state legislation in the field set the provisions for:

I. The ecological protection of the population centers and their sustainable growth;

II. The formulation, approval and execution of partial Urban Development programs;

III. The implementation of the instruments provided for in this Law;

IV. The forecast that must exist of green areas, safe and quality public spaces, and Edifiable Space;

V. The preservation of the Natural and Cultural Heritage, as well as the urban image of the Population Centers;

VI. Reordering, renovating or Densification of deteriorated urban areas, taking advantage of their social and material components;

VII. The provision of primary public spaces, services, equipment or infrastructure, in areas lacking them, to ensure in these universal access to safe, inclusive and accessible public spaces, especially for women, children, girls, older adults and people with disabilities;

VIII. The prevention, control and attention of environmental and urban risks and contingencies in the Population Centers;

IX. The integrated action of the public sector that articulates the regularization of the tenure of urban land with the provision of basic services and satisfaction that tend to integrate the community;

X. The administrative power to permit the conclusion of agreements between authorities and owners for the purpose of facilitating the expropriation of their premises by the causes of public utility provided for in this Law;

XI. The construction and adequacy of the infrastructure, equipment and Urban Services to ensure the safety, free transit and universal accessibility required by persons with disabilities, establishing the consultation procedures persons with disabilities on the technical characteristics of the projects;

XII. The promotion and implementation of feasible and environmentally sound technologies for the greatest self-sufficiency, sustainability and environmental protection, including the application of roofs or green roofs and vertical gardens, and

XIII. The others deemed necessary for the best effect of the Conservation and Improvement actions.

Article 54. State Urban Development legislation will have to point to the growth actions of the Population Centers, the provisions for the determination of:

I. The areas of reserves for the expansion of such centers, which will be anticipated in the Urban Development plans or programs;

II. The involvement of local authorities in the incorporation of land reserve areas or premises;

III. The mechanisms for the acquisition or contribution by the public, social and private sectors of pregod located in the areas referred to by the previous fractions, in order to meet the needs of land for the Growth of Population Centers, and

IV. The forecast that must exist for green areas, public spaces, and Edifiable Space.

Article 55. The areas considered as non-urbanizable in the plans or programs of Urban Development and territorial planning, of conurbations or of metropolitan areas, can only be used according to their agricultural, forestry or environmental vocation, in the terms that determine this Law and other applicable laws.

Agricultural, livestock and forestry land, areas of Natural and Cultural Heritage, as well as those for ecological preservation, should be used for such activities or purposes. in accordance with the legislation in the field.

Article 56. When it is intended to carry out any type of action or urban exploitation outside the limits of a population center, which does not have a plan or program of Urban Development and territorial planning in force, or of those projects in rural areas requiring the construction or introduction of primary or primary infrastructure networks, approval of the creation of a new population centre or the prior modification of the municipal plan or programme shall be required; or of the appropriate population centre, in accordance with the procedure laid down in the applicable legislation.

In any case, the head works or infrastructure networks of the project shall be borne by the owner or the owner. In the case of fractionations or urban assemblies, they must also bear the cost of the road works and Mobility systems necessary to ensure the connectivity between the Urban Action in question and the nearest population centre, in such a dimension and quality, which allows the transit of public transport to be generated.

The programmes referred to in the first subparagraph shall have an opinion of congruence issued by the competent federal entity in the field of Urban Development, in which it shall be established that the infrastructure works, as well as the negative externalities it generates, shall be taken into account by the data subject.

State laws should provide that the issuance of the opinion referred to in this article has a maximum response time by the authority and that in the event that the Negative opinion should be found and motivated.

New fractiments or urban assemblies should respect and connect to the existing road structure.

When works that do not comply with the provisions of this article are initiated, they may be denounced by any interested person and will be sanctioned with the closure of the works, without prejudice to other applicable responsibilities.

Article 57. Local legislation in this field shall contain the specifications in order to ensure that donations and disposals corresponding to local public roads, equipment and public spaces required for development are carried out and good functioning of the Population Centers, in favor of the federative entities, municipalities and territorial demarcations in location, area and adequate proportion, as well as, to ensure the feasibility, sustainability and the provision of public services, the design and construction of a network of primary vialities, such as parts of a grid, that facilitate connectivity, mobility and infrastructure development.

The obligation of the municipal authorities must also be established, to ensure, in advance, the issuing of authorizations for the use, construction or urban exploitation, compliance with state and federal laws, as well as the rules for the use, use and custody of the Public Space, in particular, the affections and Destinations for the construction of road infrastructure, equipment and other services of a public urban and metropolitan character.

For urban actions involving the expansion of the urban area, for the fractionation of land or for the subdivision or land of land, the local authorities will have to Ensure that there is congruence with the existing Zoning and Urban Planning standards, feasibility and feasibility to provide public services and extend or expand water, drainage, energy, street lighting and water management networks. solid waste in a safe and sustainable manner, without affecting settlements (a) to provide the public services that are generated,

taking into place areas of risk or non-urbanisation;

Item 58. Local legislation will provide for mechanisms to ensure public information processes, transparency and accountability in the administration and granting of authorizations, permits and licenses for urban actions.

Once the works in question are executed and received by the competent authorities, it will be carried out by the federal governments, the federal or municipal entities, according to their the privileges, administration, maintenance and provision of the relevant public services.

The authorities of the federal and municipal entities will not authorize urban assemblies or housing developments outside of the areas defined as urbanizables.

Item 59. Correspond to the municipalities to formulate, approve and administer the Zoning of the Population Centers located in their territory.

Primary Zoning, with medium and long-term vision, should be established in the municipal urban development programs, in accordance with the metropolitan programs in their case, in which they will be determined:

I. The areas that integrate and delimit the Population Centers, foreseeing the sequences and conditions of the City's growth;

II. Areas of non-urbanizable high risk and environmental value located in the Population Centers;

III. The network of primary roads that structure connectivity, mobility and universal accessibility, as well as public spaces and higher-hierarchy equipment;

IV. The areas of Conservation, Improvement and Growth of Population Centers;

V. The identification and the necessary measures for the custody, rescue and extension of the Public Space, as well as for the protection of the rights of way;

VI. Territorial Reserves, prioritizing those destined for progressive urbanization in the Population Centers;

VII. The rules and technical provisions applicable to the design or suitability of specific destinations such as for road, parks, plazas, green areas or equipment which guarantee the material conditions of Community life and the Mobility;

VIII. Identification and measures for the protection of safeguarding areas and road rights, especially in areas of risk facilities or considered as national security, compensating the owners affected by these measures, and

IX. The identification and measures for the protection of the industrial buffer polygons which, in any case, must be inside the predium where the activity takes place without affecting third parties. If such affectation is essential, the owners concerned must be compensated.

Secondary Zoning will be established in municipal Urban Development plans or programs according to the following criteria:

I. In the Conservation Areas, the mixture of soil uses and their activities shall be regulated, and

II. In areas that are not determined for Conservation:

(a) They shall be considered to be compatible and, therefore, a separation between the residential, commercial and labour-centre floor uses may not be established, provided that they do not threaten the safety, health and integrity of persons, or the capacity of water, drainage and electricity or Mobility services to be exceeded;

b) Densification must be permitted in buildings, provided that the capacity of water, drainage and electricity or Mobility services is not exceeded.

Developers or developers should assume the incremental cost of receiving these services. The government will establish mechanisms to implement such a cost and adjust the capacity of infrastructure and equipment to allow developers or developers to increase the density of their buildings and the mix of soil uses, and

(c) A coherent network of primary roads, provision of public spaces and sufficient and quality equipment shall be consolidated.

Item 60. Local legislation, in the matters covered by this Law, shall lay down the requirements for authorizations, licenses or permits for the use of land, construction, fractionations, subdivisions, mergers, retenements, condos and for any other urban action, in the following terms:

I. Municipalities shall make all requirements public in written form and, where possible through information technology;

II. You must set the maximum response time by the authorities to the different requests;

III. Responses to requests must be by written agreement;

IV. In cases where the authorisation does not apply, the reasons for the improvenance in the respective agreement shall be substantiated and substantiated;

V. It shall expressly consider the application of negative fictions, in cases where the authority is omitted at the time of the application, without prejudice to the liability which, by this omission, falls on the servers public;

VI. It shall define the means and instances of administrative and judicial challenge which, where appropriate, proceed;

VII. It shall define the cases and conditions for the suspension and closure of the works in question, which shall in any event be the product of a judicial decision;

VIII. You must define the cases and conditions for authorization revocation, and

IX. The simplification of the authorisations, permits or licenses of the local authorities will address the recommendations issued in terms of article 147 of the Federal Telecommunications and Broadcasting Act.

Item 61. The owners and holders of buildings in the areas determined as Reserves and Destinations in the applicable Urban Development plans or programmes shall only use the premises in such a way as to present no obstacle to the use of these plans or programmes.

The areas that under the municipal urban development programs fall outside the limits of the Population Centers will be subject to the laws of ecological balance and protection of the environment, civil protection, agricultural, rural development and other applicable.

Item 62. The use of ejido or communal areas and areas within the limits of the Population Centers or which are part of the ejido urbanization and the lands of the Human Settlement in ejidos and communities. subject to the provisions of this Law, in the Agrarian Law, in the state legislation of Urban Development, in the applicable Urban Development plans or programs, as well as in the Reserves, Soil Uses and Destinations of Areas and Prediums.

Urbanization, fractionation, transmission or incorporation into the Urban Development of ejido or communal pregod must have the favorable authorizations of urban impact, (a) the State and the municipal authorities concerned with the operation or construction, in accordance with this Law. Such authorisations shall be public, in the terms of this order and other provisions in this field.

the National Agricultural Register and the public records of the ownership of the federal entities shall not be able to register any title of full domain, of cession of the rights of the parcelaries or any other act in respect of the splitting, subdivision, parcelement or spraying of the property subject to the agricultural system, which is located in a population centre, if it does not comply with the principles, definitions and stipulations of this Law and of those established in the Agrarian Law, as well as not having the authorizations express referred to in the preceding paragraph.

Public notaries will not be able to attest or intervene in such operations, unless it is demonstrated to them that the authorizations provided for in this article have been granted.

Item 63. To constitute, expand and delimit the area of ejidal urbanization and its growth reserve; as well as to regularize the tenure of the pregod in which irregular human settlements, ejidal assembly or community members have been constituted This Law, the local legal provisions of Urban Development, the Zonification contained in the applicable plans or programs in the matter and the Mexican norms or official Mexican norms applicable in the material. In these cases, the intervention of the municipality in which the ejido or community is located is required.

TITLE SIXTH

URBAN RESILIENCE

Single Chapter

From Urban Resilience, Prevention and Risk Reduction in Human Settlements

Item 64. Local legislation will establish Comprehensive Risk Management strategies, including prevention actions and, where appropriate, relocation of Human Settlements, as well as reactive actions such as financial and operational forecasts. for recovery. In general, they should promote measures that allow cities to increase their resilience.

Item 65. The rules of this Chapter are mandatory for all persons, natural and moral, public or private, and are intended to establish the specifications to which the processes of occupation of the territory will be subject, such as urban exploitation, construction of infrastructure, urban equipment and housing, in areas subject to geological and hydrometeorological risks, in order to prevent risks to the population and prevent irreversible damage to their people or their goods, as well as to mitigate the economic and social impacts and costs at the Centers Population.

Item 66. For actions, projects or works that are located in high-risk areas under the applicable Urban Development and Territorial Development plans or programs, the authorities before granting licenses for Usos of the soil and buildings, constructions, as well as factibilities and other urban authorizations, must request a risk prevention study identifying that the appropriate mitigation measures were carried out, in the terms of the provisions of this Law, the General Civil Protection Law and the rules Mexican officers to be issued.

Item 67. Regardless of the cases referred to in the previous article, where there is no express regulation, the following works and installations shall have risk prevention studies, taking into account their scale and effect:

I. The works of port infrastructure, airport and general communication routes;

II. Pipelines and networks of road, hydraulic and primary energy infrastructure;

III. Facilities for the treatment, containment, disposal or disposal of hazardous and municipal waste;

IV. Public-owned equipment where health, education, security, transportation and supply services are provided, and

V. The facilities for storage, confinement, distribution, sale or conversion of fuels.

Geological and hydrometeorological risk prevention studies shall contain the specifications, technical officers, requirements and scope to be determined by the agreement for such purposes. effects the Secretariat of the Interior, in coordination with the Secretariat.

Urban Growth authorizations should be in line with such studies, and in no case will urban use or use be allocated to high-end urban areas or settlements. risk that they would not have taken previous mitigation measures. In such areas it shall be strictly prohibited to carry out any permanent work or construction.

The competent state and municipal authorities will make the necessary modifications to the Urban Development and Territorial Development plans and programs so that the considered as non-mitigable risk are classified as non-urbanizable or with uses compatible with that condition.

Item 68. It is the obligation of the federal, state or municipal authorities to ensure, prior to the issuance of authorizations for the use, construction or use of urban or housing, change of land use or environmental impacts of the compliance with state and federal law on the prevention of risks in human settlements.

State legislation will contain the rules to ensure the safety and security of the population and their assets by contingencies and risks in human settlements.

All actions that involve the expansion of the urban area, for the fractionation of land or housing units, for the subdivision or the parcelation of the land, for the change of the Usos of the soil or in Environmental impact authorizations, federal, state or municipal authorities must ensure that no high-risk areas are occupied, without the appropriate prevention measures being taken.

Article 69. It is the obligation of the federal, state and municipal authorities to ensure that in the works, actions or investments in which they intervene or authorize the rules on the prevention of risks in the Human Settlements are met that this Law and the Law General of Civil Protection establish.

The Secretariat will promote the issuance of standards, guidelines and manuals to strengthen the processes of urban resilience and for metropolitan areas. In addition, it will promote in the federal entities and in the municipalities, the development of urban and metropolitan Resilience guides that will allow the identification of risks and resources for the recovery of catastrophic contingencies.

TITLE SEVENTH

OF MOBILITY

Single Chapter

From Mobility

Article 70. For the universal accessibility of inhabitants to urban services and satisfaction; Mobility policies must ensure that people can freely choose how to move in order to access goods, services and services. opportunities offered by their Population Centers.

Mobility policies and programs will be part of the Human Settlements planning process.

Article 71. Mobility policies and programs should:

I. To ensure the universal accessibility of people, ensuring the maximum interconnection between roads, means of transport, routes and destinations, prioritising pedestrian and non-motorised mobility;

II. Promote the equitable distribution of the Public Space of Vialities that allows maximum harmony between different types of users;

III. Promote mixed soil uses, hierarchical distribution of equipment, favor greater flexibility in the heights and densities of buildings and avoid the imposition of parking drawers;

IV. Promote cutting-edge technological innovation, to store, process and distribute information that allows new systems, applications and services to contribute to efficient management, as well as to the reduction of externalities negative in the matter;

V. Increase the range of integrated transport modes and service options to the different user groups, which provide universal availability, speed, density and accessibility to reduce dependence on the use of the Particular car, technological innovations that allow car sharing, motorcycle use and new alternatives to public transport;

VI. Implement residential mobility policies and actions that facilitate the sale, rent, or exchange of buildings, for a better interrelationship between the place of housing, employment and other urban satisfaction, tending to decrease the distance and frequency of shipments and make them more efficient;

VII. Establish policies, plans and programmes for the prevention of accidents and the improvement of road and mobility infrastructure;

VIII. Promote the access of women and girls to public spaces and transport of quality, safe and efficient, including actions to eliminate gender-based violence and sexual harassment;

IX. Increase the number of service options and modes of transport, through the promotion of mechanisms for financing the operation of public transport;

X. Establish policies, plans and programs for the prevention of car accidents, which discourage the use of cell phones when driving, or manage under the influence of alcohol or any drug, psychotropic or stupefying, and

XI. To promote policies that integrate freight transport and promote institutional mobility, understood by the latter, such as that carried out by the public and private sector or academic institutions aimed at rationalizing the use of the automobile between those who come to their facilities, including car-sharing systems, private public transport, promotion of bicycle use, redistribution according to their residence and all types of innovation in the private sector aimed at such purposes.

Item 72. The Federation, the Federative Entities, the Municipalities and the Territorial Demarcations, in the field of their competences, shall establish the instruments and mechanisms to guarantee the transit to the Mobility, by:

I. The diagnosis, information, monitoring and evaluation of Mobility policies and programs, incorporating among others the gender perspective;

II. Management of instruments in the field, such as: congestion charges or restrictions on movement in specified areas; pedestrian, cycling or traffic-pacification infrastructure; integrated transport systems; low or zero-rate zones emissions; charges and bans for public parking; incentives to motor vehicles with low or zero pollution; traffic restrictions for cargo and car vehicles; differentiated rates of tenure tax; consider the size or characteristics of the motor vehicles, other, and

III. Prioritization, congruence and effectiveness in public investments, considering the level of vulnerability of users, the externalities generated by each mode of transport and their contribution to the productivity of the community.

Item 73 The Federation, the Federative Entities, the Municipalities and the Territorial Demarcations shall promote and prioritize in the population the adoption of new habits of sustainable urban mobility and prevention of accidents aimed at improving the conditions under which the movement of the population is carried out, to achieve a healthy coexistence in the streets, to respect the displacement of the pedestrian and his preference, to prevent traffic conflicts, to discourage the use of the private car, promote the intensive use of public and non-motorised transport and the recognition and respect for the following hierarchy: persons with limited mobility and pedestrians, non-motorised transport users, users of the public passenger transport service, providers of the public passenger transport service, Freight transport service providers and individual transport users.

TITLE EIGHTH

REGULATORY AND CONTROL INSTRUMENTS

Single Chapter

Public Space Regulation

Item 74. The creation, recovery, maintenance and defense of the Public Space for all types of uses and for Mobility, is the principle of this Law and a high priority for different government orders, so in the planning processes urban, public investment programming, exploitation and utilization of areas, polygons and vacant, public or private lands, within the Population Centers, the design, adaptation, maintenance and protection of spaces should be privileged public, always taking into account the evolution of the city.

Urban Development plans or programs for urban development, conurbations, and metropolitan areas will define the allocation of Public Space in amounts not less than that established by the applicable Mexican official rules. They will give priority to the provision and preservation of the space for the transit of pedestrians and bicycles, and criteria for connectivity between roads that promote mobility, as well as open spaces for sport, parks and places in such a way that each colony, district and locality has the same or greater endowment than the one set out in the above standards.

Municipal Urban Development plans or programs will include aspects related to the use, use and custody of the Public Space, contemplating social participation. effective through consultation, opinion and deliberation with individuals and their organizations and institutions, to determine priorities and projects on Public Space and to follow up the execution of works, the evaluation of the programmes and the operation and operation of these spaces and between other actions, the following:

I. Establish measures for the identification and best location of public spaces in relation to the role they will have and the location of beneficiaries, taking into account national standards in this area;

II. Create and defend the Public Space, the quality of its environment and the alternatives for its expansion;

III. Define the characteristics of the Public Space and the trace of the road network in such a way as to ensure adequate connectivity for Mobility and its adaptation to different densities over time;

IV. Define the best location and dimensions of public or social interest groups in each neighborhood in relation to the function they will have and the location of the beneficiaries, such as health and teaching centers, Public Spaces for recreation, sport and green areas for parks, plazas, gardens or recreation areas, respecting the rules and guidelines in force, and

V. Establish the instruments under which the occupation of the public space may be authorized, which may only be of a temporary nature and use as defined.

The municipalities will be responsible for ensuring, monitoring and protecting the safety, integrity and quality of the public space.

Article 75. The use, use and custody of the Public Space will be subject to the following:

I. The general interest shall prevail over the particular;

II. Equity in its use and enjoyment should be promoted;

III. Universal accessibility and free movement of all people should be ensured, promoting public spaces that serve as a transition and connection between neighborhoods and promote plurality and social cohesion;

IV. In the case of public domain goods, these are inalienable;

V. Efforts should be made to maintain the balance between green areas and the construction of infrastructure, based on the calculation of national standards in this area;

VI. Public spaces originally intended for recreation, sport and green areas for parks, gardens or recreation areas may not be used for other purposes;

VII. The instruments in which the occupation of the Public Space is authorized shall only confer on its holders the right to temporary occupation and for the defined use;

VIII. The adequacy of municipal regulations that guarantee comfort and safety in the Public Space, especially for pedestrians, will be promoted, with an equity between buildable and non-buildable spaces;

IX. Instruments, public or private, should be defined that promote the creation of public spaces of adequate dimensions to integrate neighborhoods, in such a way that their location and benefits are accessible to pedestrian distances for their inhabitants;

X. The guidelines will be established so that the design and trace of the roads in the Population Centers will ensure their continuity, seeking a minimum number of intersections, which encourages Mobility, according to the topographic characteristics and cultural of each region;

XI. The preservation and restoration of ecological balance and protection of the environment, formal quality and urban image, the conservation of monuments and landscape and urban furniture should be ensured.

XII. In case of having to use soil destined for Public Space for other purposes, the authority will have to justify its actions for such change in the use of soil, in addition to replacing it with another of characteristics, location and dimensions similar.

The municipalities will monitor and protect the safety, integrity, quality, maintenance and promote the management of the Public Space with sufficient coverage.

All inhabitants have the right to report any action against the integrity and conditions of use, enjoyment and enjoyment of the Public Space.

Article 76. Local laws will lay down provisions to ensure that Urban Development plans and programs that implement Densification actions guarantee a sufficient endowment of public spaces per inhabitant and connectivity based on the applicable rules, by means of the acquisition and the enabling of additional public spaces within the polygon subject to Densification.

They will also establish that the pregod that based on the applicable regulations, the fractionators and developers are obliged to give in to the municipality to be destined for green areas and equipment, cannot be residual, to be located in flood or risk areas, or present more complicated topographical conditions than the average of the fractionation or urban assembly.

TITLE NINTH

SOIL MANAGEMENT AND INSTRUMENTS FOR URBAN DEVELOPMENT

Chapter First

From Territorial Reservations

Article 77. The Federation, the federative entities, the municipalities and the Territorial Demarcations will carry out coordinated actions in the field of Territorial Reserves for Urban Development and Housing, with the object of:

I. Establish a comprehensive urban land and territorial reserve policy through the programming of acquisitions and land supply for Urban Development and Housing;

II. Avoid speculation of properties suitable for Urban Development and Housing;

III. Reduce and reduce the irregular occupation of areas and areas, through the provision of land with infrastructure and services, completed or progressive, which will preferably meet the needs of low-income groups;

IV. Ensure the rights of track to ensure the design and construction of a network of primary roads, as parts of a grid, that facilitate connectivity, mobility and the development of urban infrastructure;

V. Ensure the availability of soil for different soil uses and destinations that determine Urban Development plans or programs, and

VI. Ensure compliance with Urban Development plans or programs.

Article 78. For the purposes of the previous article, the Federation through the Secretariat, shall conclude coordination agreements with the entities of the Federal Public Administration, the federal entities and the municipalities and, where appropriate, agreements of consultation with the social and private sectors, in which they will be specified:

I. Land requirements and territorial reserves for Urban Development and Housing, in accordance with the definitions and priorities contained in this Law and what is foreseen in the plans or programs in the field;

II. Inventories and availability of buildings for Urban Development and Housing;

III. The actions and investments to be committed by the Federation, the federative entities, the municipalities, the Territorial Demarcations and, where appropriate, the social and private sectors, always caring for the equitable distribution of burdens and benefits;

IV. Criteria for the acquisition, exploitation and transmission of land and territorial reserves for Urban Development and Housing;

V. Subsidies, of a general and temporary nature, as well as financing for the acquisition of reserves;

VI. The mechanisms for articulating the use of land and territorial reserves or, where appropriate, the regularization of the tenure of urban land, with the provision of infrastructure, equipment and Urban Services;

VII. Measures that encourage the priority use of vacant areas and urban land, and underutilized within the Population Centers and which have infrastructure, equipment and Urban Services;

VIII. The commitments for the modernization of administrative procedures and procedures in the area of Urban Development, land registry and public registration of the property, as well as for the production and certification of housing, and

IX. Mechanisms and instruments for the provision of infrastructure, equipment and Urban Services, as well as for building or improving housing.

Article 79. Based on the agreements or agreements outlined in the previous article, the Secretariat will promote:

I. The transfer, disposal or destination of land of federal property for Urban Development and housing, in favor of the entities of the Federal Public Administration, of the federal entities, of the municipalities, of the Demarcations Territorial, social organisations and private promoters, in accordance with the applicable legal provisions, and

II. The association or any other form of participation that determine the agrarian nuclei, in order to incorporate ejido and communal lands for Urban Development and housing and avoid their irregular occupation, subject to the provisions of this Law.

Chapter Second

Land Regulations Coming from the Agrarian Regime

Article 80. The incorporation of communal, communal and federally owned land into Urban Development and Housing must meet the following requirements:

I. Be required for the execution of an Urban Development plan or program;

II. The areas or premises that are incorporated must comply with the definition of the Urbanizable Area contained in Article 3 of this Law;

III. The approach of financial schemes for their use and for the provision of infrastructure, equipment and Urban Services, as well as for the construction of housing, and

IV. Any other than determined by the Secretariat in accordance with the applicable legal provisions and resulting from the relevant conventions or agreements.

Article 81. In the cases of land and territorial reserves that are aimed at the development of housing actions of social and popular interest, coming from the federal domain, the alienation of prediums by the Federation, the entities of the Federal Public Administration, federal entities, municipalities and territorial demarcations, or their parastatal entities, shall be subject to applicable housing legislation.

Third Chapter

Territorial Regularization

Article 82. The regularization of land tenure for incorporation into Urban Development will be subject to the following provisions:

I. It should be derived as a Foundation, Growth, Improvement, Conservation, and Consolidation action, in accordance with the applicable Urban Development plan or program;

II. Only those who occupy a property and do not own another property in the respective population center may receive the benefit of the regularisation. They shall have preference to and holders of a peaceful and good faith according to the age of possession, and

III. No person may benefit from regularisation with more than one lot or land whose area may not exceed the extent determined by the applicable Urban Development legislation, plans or programmes.

Article 83. The Federation, the federative entities, the municipalities and the territorial demarcations, will implement coordinated social development programs, so that the holders of ejido or communal rights whose lands are incorporated Urban Development and Housing, are integrated into urban economic and social activities, promoting their training for the production and marketing of goods and services and supporting the constitution and operation of companies in which involve the ejidatarios and community members.

Chapter Fourth

From Preference Law

Article 84. The Federation, the federative entities, the municipalities and the Territorial Demarcations, will have in the terms of the corresponding federal and local laws, the right of preference in equal conditions, to acquire the prediums included in the territorial reserve zones, to be used preferably for the constitution of Public Space, including the vacant urban land within that reserve, identified in the plans or programs of Urban Development and applicable territorial, where they are to be subject to disposal in title onerous.

For this purpose, the owners of the premises, the public notaries, the judges and the respective administrative authorities, must notify the Secretariat, the federal entity, the municipality and the Corresponding Territorial demarcation, making known the amount of the operation, so that within thirty calendar days, they exercise the right of preference if they consider it convenient, guaranteeing the respective payment.

The federation, the federative entities, the municipalities and the territorial demarcations, must establish expeditious, simplified and time limit mechanisms to express their interest in exercising the right to which this article alludes.

Chapter Fifth

Priority Building and Development Poligons

Article 85. The governments of the federal entities and the municipalities will be able to declare polygons for the development or priority or strategic use of buildings, under the scheme of systems of public or private action, according to the objectives set out in those instruments. The acts of urban exploitation must be carried out, both by the authorities and by the owners and owners of the soil, in accordance with such declarations and always in accordance with the determinations of the plans or programs of development. Applicable Urban and Metropolitan Development.

In state legislation on the subject, direct acquisition mechanisms will be established by way of public or private law or by means of disposal in public auction of the land covered by the declaratory, for cases where the owners have no capacity or refuse to execute the urban actions identified within the established deadlines, ensuring the development of the projects.

Chapter Sixth

Parcelary Regrouping

Item 86. For the implementation of the Urban Development plans or programs, the federative entities, the municipalities and the Territorial Demarcations, will be able to promote to owners and investors the integration of the required property through the regrouping of pregod, in the terms of the relative local laws. The regrouped premises will be able to form polygons of action in order to achieve an integrated Urban Development and they will be able to take advantage of the incentives and facilities contemplated in this Law for the occupation and exploitation of areas, polygons and prediums Bales, underutilized and shown.

Once the Urbanistic Action has been executed, the owners and investors will proceed to recover the aliquot portion that corresponds to them, being able to be on land, buildings or in number, (a) the agreements to be concluded for this purpose.

Item 87. The regrouping of premises referred to in the previous article shall be subject to the following rules:

I. Comply with the Urban Development Plan determinations and have an urban impact opinion;

II. The administration and development of the regrouped premises shall be carried out by trust or any other form of management or legal instrument that guarantees the equitable distribution of benefits and burdens that are generated, the financial feasibility of projects and transparency in their administration;

III. The qualification with primary infrastructure and, where applicable, urbanization and construction shall be carried out under the responsibility of the common management holder;

IV. Only the resulting prediums may be disposed of once the enabling works have been constructed with primary infrastructure, except in the case of progressive projects authorised on the basis of the legislation in force, and

V. The distribution of economic burdens and benefits among the participants will be based on a financial feasibility study, which will be developed by the pregod regrouping.

TITLE TENTH

INSTRUMENTS FOR URBAN DEVELOPMENT FINANCING

Chapter First

General Disposition

Item 88. In terms of the applicable local and federal laws, and without prejudice to the provisions of Article 115 of the Political Constitution of the United Mexican States, it shall be the responsibility of the authorities of the various the application of financial and fiscal mechanisms that allow the costs of the execution or introduction of primary infrastructure, basic services, other works and actions of urban public interest to be loaded in a preferential manner to the which benefit directly from them. As well as those that discourage the existence of vacant and underutilized prediums that have infrastructure and services coverage. For this purpose, it shall perform the valuation of the premises prior to the implementation or introduction of the infrastructure, in order to calculate the increases in the value of the land subject to tax.

Item 89. The mechanisms referred to in the previous article will address the priorities established by the National Strategy and the applicable Urban Development plans and programs, and may be directed to:

I. Support the development of actions, works, public services, inter-municipal projects and sustainable urban mobility;

II. To support or supplement the municipalities or the intermunicipal bodies or associations, by means of the corresponding financing, the development of actions, works, public services or projects in the fields of interest for the development of the metropolitan areas or conurbations defined in this Law, as well as the projects, information, research, consulting, training, dissemination and technical assistance required in accordance with this Law, and

III. Support and develop land acquisition, enablement, and sale programs to achieve more organized and compact metropolitan areas or conurbations, and to address the different needs of Urban Development, as established for this Law and under the current regulations for public funds.

Chapter Second

Operational Territorial Programs

Article 90. Operational territorial programs have a municipality, several interlinked municipalities, a functional rural urban system, or the grouping of several Rural Urban Systems.

Article 91. The fundamental purposes of these programs are:

I. To promote in a given common territory, integrated cross-sectoral strategies of territorial planning or Urban Development, in situations that require priority and/or urgent actions;

II. Raise effective time and location action sequences in the territory, including strategic programs and projects, and an effective funding scheme;

III. Give effective monitoring, evaluation and feedback to these programs and projects.

These programs will be formulated by the Secretariat, in coordination with other agencies and entities of the Federal Public Administration, as well as with the authorities of the federal and the municipalities corresponding to the given territory, shall be the guide for the concentration of cross-sectoral actions and investments of the three government orders.

TITLE TENTH FIRST

INSTRUMENTS FOR DEMOCRATIC PARTICIPATION AND TRANSPARENCY

Chapter First

From Citizen and Social Participation

Article 92. The Federation, federative entities, municipalities and territorial demarcations, will promote citizen participation in all stages of the territorial planning process and the planning of Urban Development and Development. Metropolitan.

Article 93. The authorities shall promote social and citizen participation, as appropriate, in at least the following subjects:

I. The formulation, monitoring and evaluation of the implementation of Urban Development plans or programs and their modifications, as well as in those simplified planning mechanisms, in the terms of this Law;

II. Supervision of the financing, construction and operation of infrastructure projects, equipment and the provision of urban public services;

III. The financing and operation of urban, housing, industrial, commercial, recreational and tourism strategic projects;

IV. The implementation of urban actions and works for the Improvement and Conservation of Popular Areas of the Population Centers and of the rural and indigenous communities;

V. Protection of the Natural and Cultural Heritage of the Population Centers;

VI. The preservation of the environment in the Population Centers;

VII. The prevention, control and attention of environmental and urban risks and contingencies in the Population Centers, and

VIII. Participation in the processes of the Citizen Observatories.

Chapter Second

Public Information, Transparency and Accountability

Article 94. It is a right for people to obtain free, timely, truthful, relevant, complete and open information in the urban planning and Zoning provisions that regulate the use of property in their properties, neighborhoods and colonies.

The authorities of the three government orders have an obligation to inform with the opportunity and veracity of these provisions, as well as to recognize and respect the forms of social organization, compliance with the relevant legislation applicable to transparency and access to public information.

For its part, it is the duty of the authorities to disseminate and make available for consultation in remote and physical means the information regarding plans and programs of territorial planning, Development Urban and Metropolitan Development approved, validated and registered, as well as the data relating to the authorizations, investments and projects in the field, keeping in their case the personal data protected by the corresponding laws.

Article 95. The planning authorities, in collaboration with the transparency and access to information agencies, will generate policies or programs to provide information and in physical and remote media on those polygons in which they are awarded. Authorisations, permits and urban licensing. They shall give priority to the opportunity of the information and the expected impact of such authorisations, permits and licences. Publication in physical media should be carried out in areas of public concurrency, such as schools, libraries, markets, among others, in order to facilitate their knowledge.

Third Chapter

Institutional development

Article 96. The Federation, federative entities, municipalities and territorial demarcations, will promote training programs for public servants in the field of this Law.

To be promoted: legality, efficiency, objectivity, quality, impartiality, equity, merit and gender equity, as principles of public service.

Permanent training programs will be promoted in the areas of this Law.

The Secretariat will establish guidelines for the certification of specialists in territorial management, who contribute and have a responsible participation in the process of evaluating the territorial impact, as well as on other issues for the enforcement and enforcement of this order.

Programs and supports will be promoted for regulatory improvement in the administration and management of Urban Development that will encourage uniformity in procedures, permits and authorizations in the field, to reduce its costs, times and increase transparency. It will also encourage the adoption of information and communication technologies in administrative processes related to territorial management and administration and urban services.

Chapter Fourth

Territorial and Urban Information System

Article 97. The territorial and urban information system, which will be designed to organize, update and disseminate information and indicators on territorial planning and urban development, will be available for consultation in the media. electronic and will be supplemented by information from other records and inventories on the territory.

This system referred to in the previous paragraph will be part of the National Information Platform, which will be carried out by the Secretariat, so that it will allow the exchange and interoperability of the information and indicators produced by the authorities of the three government orders and instances of metropolitan governance, related to the federal, state and municipal plans and programs of territorial planning and urban development, as well as the metropolitan areas, including the actions, works and investments in the territory. The Territorial and Urban Information System will have the function of providing the official information at the level of disaggregation and scale that is required.

In addition, the relevant reports and documents derived from scientific, academic, technical and/or technical activities will be incorporated into this system of territorial and urban information. any type of territorial planning and urban development carried out in the country by natural or moral persons, national or foreign.

To do so, it will be mandatory for all federal, state, municipal and territorial demarcations authorities to provide copies of such documents once they are approved by the authorities. which corresponds. It will conclude agreements and agreements with associations, institutions and organisations in the social and private sectors, in order to provide the information they generate.

Article 98. The authorities of the three government orders will have to incorporate in their annual government reports, a specific item related to the progress in the implementation of the plans and programs of territorial planning and urban development. Metropolitan development, as well as in the execution of the projects, works, investments and services raised in them.

Chapter Fifth

Citizens Observatories

Article 99. The federal governments, of the federal entities, of the municipalities and of the Territorial Demarcations, will promote the creation and operation of urban observatories, with the association or plural participation of the society, institutions of academic research, colleges of professionals, business organizations, civil society organizations and the government, for the study, research, organization and dissemination of information and knowledge on socio-spatial problems and new models of urban policies and regional and public management.

The observatories will have the task of analyzing the evolution of the socio-spatial phenomena, in the scale, field, sector or phenomenon that corresponds according to their objectives, public policies in the field, systematic and periodic dissemination, through indicators and systems of geographic information of their results and impacts.

Article 100. To support the functioning of the observatories, the agencies and entities of the Federal, State, municipal and territorial demarcations:

I. Provide them with affordable information about the Urban Development process and the territorial arrangement, as well as administrative acts and authorizations affecting it;

II. Promote, develop and disseminate research, studies, diagnostics and proposals in the field;

III. Improve the collection, management, analysis and use of information in urban policy formulation;

IV. Stimulate consultation and deliberation processes to help identify and integrate information needs;

V. Help develop capabilities for urban information collection, management, and applications, focusing on indicators and best practices;

VI. Provide information and analysis to all stakeholders to achieve a more effective participation in decision-making on Urban Development and Territorial Planning;

VII. Share information and knowledge with all stakeholders in Urban Development and the Land Management, and

VIII. Ensure interoperability and remote public consultation of information systems.

Federative entities will establish specific regulations to be subject to the creation and operation of urban observatories and territorial planning based on this Law.

TENTH SECOND TITLE

PROMOTION INSTRUMENTS

Single Chapter

From Promoting Urban Development

Article 101. The Federation, the federative entities, the municipalities and the Territorial Demarcations, subject to budgetary availability, will encourage the coordination and coordination of actions and investments between the public, social and private sectors. for:

I. The implementation of Urban Development plans or programmes and territorial, regional, conurbation or metropolitan area planning;

II. The establishment of mechanisms and instruments for Urban Development and territorial, regional, conurbation or metropolitan area planning;

III. The granting of tax, tariff and credit incentives to induce the territorial arrangement of Human Settlements and Urban Development of Population Centers;

IV. The channelling of investments to constitute territorial reserves, as well as for the introduction or improvement of infrastructure, equipment, public spaces and Urban Services;

V. The satisfaction of the complementary needs in infrastructure, public spaces, equipment and Urban Services, generated by investments and works;

VI. Protection of the Natural and Cultural Heritage of the Population Centers;

VII. Simplification of the administrative procedures required for the implementation of Urban Development actions and investments;

VIII. The strengthening of state and municipal public administrations for Urban Development;

IX. The modernization of the land registry and registry systems of the real estate in the Population Centers;

X. The adequacy and updating of local legal provisions in the field of Urban Development;

XI. The promotion of information and communication technologies, education, research and training in the field of Urban Development;

XII. The application of technologies that preserve and restore ecological balance, protect the environment, boost adaptation and mitigation actions to climate change, reduce costs and improve the quality of urbanization;

XIII. To promote the construction and adequacy of the infrastructure, equipment and Urban Services required by the entire population in terms of vulnerability, as well as Mobility systems, which promote inclusion, and

XIV. The protection, improvement and extension of quality public spaces to ensure universal access to safe, inclusive and accessible green areas and public spaces.

Article 102. Without prejudice to the provisions of the financial provisions, the federal entities and municipalities, to be able to be subject to financing for the development of projects that have an impact in the field of jurisdiction of this Law, must comply with the provisions of the Financial Discipline Act of the Federative Entities and the Municipalities, as well as to present to the credit institutions the instrument issued by the competent authority, to through which the project is determined to comply with the legislation and plans or programmes on Urban Development.

Likewise, the Treasury and Public Credit and Agrarian, Territorial and Urban Development secretariats will coordinate the actions and investments of the administration's agencies and entities. The Federal Government, where appropriate, complies with the provisions of this Law and the other applicable law. For the deployment, installation, construction, maintenance and modification of telecommunications and broadcasting infrastructure, they shall be coordinated with the Secretariat for Communications and Transport.

Article 103. The planning of public works and related services shall be in accordance with the provisions of this order, as well as the plans and programs of Territorial, Urban Development and Metropolitan Development.

THIRTEENTH TITLE

CITIZEN DENUNCIATION AND SANCTIONS

Chapter First

From Citizen Denunciation

Article 104. The federative entities, in the field of their respective jurisdictions, will promote mechanisms of comptroller or social surveillance, where the neighbors, users, academic institutions, social organizations, schools of professionals participate and the institutes and observatories, in the execution and execution of Mexican official norms, of the plans and programs referred to in this Law, applying the principles established in this Law, and in their case denouncing before the instance of of territorial order any violation of the normativity applicable.

Article 105. Every person, physical or moral, may report to the instance of the prosecution of territorial law or other local authorities any act or omission that contravene the provisions of this Law, the state laws in the field, Mexican official rules or the plans or programs referred to in this Law. They shall also be entitled to require the application of security and sanctions measures and to request to be represented before the appropriate administrative and judicial authorities.

Article 106. The citizen's complaint may be exercised by any person, sufficient to be present in writing or in electronic form and contain:

I. The name or business name, address, telephone number, if any, of the complainant and, if applicable, of his legal representative;

II. The acts, facts or omissions reported;

III. Data to identify the alleged infringer, and

IV. The evidence to be provided by the complainant.

You will not be allowed to file complaints that are notoriously improper or unfounded, those in which you notice bad faith, lack of foundation or non-existence of petition, which will be notified to the complainant.

Article 107. The authorities and public servants involved in matters reported, or who may, by reason of their functions or activities, provide relevant information, must comply with the requests that the authority makes to them such a sense.

Authorities and public servants who are asked to provide information or documentation that is deemed to be reserved, in accordance with the provisions of the applicable law, shall communicate this to the authority competent. In this case, that authority shall handle the information provided under the strictest confidentiality.

Article 108. Without prejudice to any criminal or administrative sanctions that may result, any person who causes damage or negative effects to the territorial order, Human Settlements or Urban Development, shall be responsible and shall be obliged to repair the damage. caused, in accordance with applicable civil law.

When for violation of the provisions of this Law, the laws of the State, the Mexican official norms or the plans and programs of the matter have caused damages, the persons The competent authority may request the competent authority to provide a technical opinion on the matter, which shall have the value of proof, if it is presented in the judgment.

State legislation will establish the regime of liability and reparation of damages applicable to any person causing damages or negative effects to the territorial order, to the settlements Humans, Urban Development or its infrastructures, buildings and facilities.

Chapter Second

Of The Sancionatory And Nulties Regime

Article 109. The violation of this Law, the state laws in the matter and the plans or programs referred to in this order by any public servant, will give rise to the responsibility and penalties, in the terms established by the legislation in the field.

Article 110. Acts, conventions, contracts relating to the property or any other rights related to the use of areas and premises that contravene this Law, the state legislation in the field and plans or programmes to which the refers to this order.

Article 111. Acts, conventions and contracts relating to the property or any other right relating to the use of areas and premises shall be null and void:

I. Contravene the provisions of the Urban Development plans or programs in any of its modalities, as well as the Provisions, Soil, Reserves, or Destinations that they establish;

II. Do not contain the insertions related to the authorizations, licenses, or permissions for the Urbanistic Action that proceed, and

III. The legal acts of translation of the domain that are carried out without respecting the right of preference referred to in Article 84 of this Law.

The nullity referred to in this article shall be declared by the competent authorities. Such nullity may be requested by the instance of prosecution by means of the exercise of the popular complaint or through the administrative procedures regulated in the local legislation.

Article 112. Notaries and other public bodies with powers to do so may definitively authorise the public instrument corresponding to acts, conventions or contracts relating to property, possession or real rights, in schemes of private, public or social law, after verification of the existence of the constances, authorizations, permits or licences issued by the competent authorities in relation to the use or disposal of areas or premises, in accordance with the provided for in this Law, state legislation on Urban Development and other applicable legal provisions; the same shall be indicated or inserted in the respective public instruments.

In this way, they will have the obligation to insert in the deeds of transfer of property in which they intervene, special clause in which they are recorded, the obligations to respect the plans or programs to Those referred to in this Law, in particular the use or destination of the intended purpose of such acts, and respect for the definition of Urbanizable Area.

Article 113. The permissions, authorizations, or licenses that contravene the provisions of the Urban Development plans or programs shall not be effective.

No act, convention, contract or affectation may be entered in the public records of the property or in the catstars, which does not conform to the provisions of the legislation of Development Urban and in the applicable plans or programmes in the field.

Parcelary certificates awarded by the National Agrarian Registry or any other right related to the use of the pregod of ejidos or communities shall contain the clauses relating to the use of areas and premises established in the existing Urban Development plans or programmes applicable to the respective area.

Article 114. The inscriptions of the public records of the property, as well as the cadastral cedulas, must specify in their contents the precise data of the Zoning, limitations, restrictions and rules of use contained in the plans and Urban Development programs that apply to the real estate property.

Article 115. The agencies and entities of the Federal Public Administration will subject the execution of their investment and work programs to the policies of the territorial management of the Human Settlements and to the plans or programs of development Urban.

Article 116. The authorities issuing the municipal plans or programmes for Urban Development, the Population Centres and the derivatives thereof, which do not manage their registration; as well as the heads of the registration offices which refrain from carrying out the registration. (a)

be subject to the provisions of Article 1 (1) (a) of Regulation (EU)

Article 117. In the event that the recommendations referred to in this Law are not addressed, the Secretariat may make public knowledge of its non-compliance and, where appropriate, apply the corrective measures that have been established in the Conventions or respective agreements and resulting from the applicable legal provisions.

Article 118. Those who own or permit irregular occupation of areas and premises in the Population Centres, unduly authorize the Human Settlement or construction in areas of risk, in protection, safeguard and buffer ranges around the infrastructure or equipment of national security or protection in road rights or federal zones, or that do not respect the definition of an Area Urbanizable contained in this order will be made creditors to the administrative sanctions, civil and applicable penalties.

Article 119. The authorities of the three government orders will have an obligation to safeguard the records of the authorizations and administrative procedures where they intervene in the field of Urban Development, as well as to provide the information for any applicant, with the rules and safeguards of transparency legislation and access to government public information.

TRANSIENT

FIRST. This Decree shall enter into force on the day following its publication in the Official Journal of the Federation.

SECOND. The General Law on Human Settlements published in the Official Journal of the Federation is repealed on 21 July 1993 and all legal and legal provisions are repealed. regulations that are contrary to the provisions of this Law.

THIRD. Within a period of one year from the entry into force of this Decree, the authorities of the three government orders shall create or adapt all the laws and regulations related to the contents of this Decree. instrument.

In the case of Mexico City, the Mexico City Legislature, the central government authorities and the corresponding territorial demarcations, they will have to carry out the legislative and regulatory adjustments in accordance with the provisions of Article 122 of the Political Constitution of the United Mexican States and with the provisions of the Constitution of Mexico City once they enter into force.

FOURTH. Within six months of the entry into force of this Decree, the Congress of the Union shall reform the corresponding legal provisions with the the purpose of extending the powers of the Agrarian Procuratorate, in order to guarantee the prosecution of the defense of human rights related to the territorial order.

QUINTO. Within two years of the entry into force of this Decree, the plans and programs of Urban Development of the Centers of the Republic of Population larger than one hundred thousand inhabitants, as well as national, state and metropolitan plans, including all new management tools to which this Law refers, including in primary way the instruments of democratic participation and citizens contained in the First Title of the Law that is issued.

The public records of the property, the catstars and the National Agrarian Registry shall be as indicated in Articles 60, 111 and 112 of this Decree, once they are adequate. plans and programmes referred to in the preceding paragraph.

SIXTH. Within six months of the entry into force of this Decree, the holder of the Secretariat, through the Secretariat of Agrarian, Territorial and Urban Development must convene the installation session of the National Council for Territorial Planning and Urban Development.

Local and municipal governments will convene in the same time the installation sessions of the Local and Municipal Councils of Territorial Ordering, Urban Development and Metropolitan.

SEVENTH. Within a period of no more than six months from the entry into force of this Decree, the Secretariat for Agrarian, Territorial and Urban Development will issue the guidelines for the integration and functioning of the National Council.

EIGHTH. Within a period of one year from the entry into force of this Decree, the Secretariat for Agrarian, Territorial and Urban Development will issue the guidelines on equipment, infrastructure and connection with the environment, to be subject to the actions of soil financed with federal resources, as well as those of the agencies that finance housing for the workers in accordance with Article 8, fraction IV of this Law.

NINTH. Within a period of one year from the entry into force of this Decree, the Secretariat for Agrarian, Territorial and Urban Development will issue the criteria and guidelines. Regulation for the territorial delimitation of metropolitan areas and conurbations. In the same period, the Secretariat will issue the guidelines through which methods and procedures will be established to measure and ensure that projects and actions related to metropolitan areas of interest comply with its objective, in accordance with Articles 8, fraction XVI and 35 of the Law that is issued.

DECIMAL. Within six months, the Secretariat for Agrarian, Territorial and Urban Development will create and initiate the operations of the territorial and urban information system Article 97 of the Law that is issued.

TENTH FIRST. Within six months of the entry into force of this Decree, the Secretariat for Agrarian, Territorial and Urban Development will establish the guidelines for the certification of specialists in territorial management, who contribute and have a responsible participation in the process of evaluating the territorial impact, as well as in other topics for the implementation and application of this order, Article 95 of the Law that is issued.

TENTH SECOND. Within one year of the entry into force of this Decree, local legislatures will adjust their penal codes to be configured as criminal offences. the conduct of private or public subjects that promote or benefit from the irregular occupation of areas or premises in accordance with Articles 10, fraction XII and 118 of the Law that is issued.

TENTH THIRD. Within a period not longer than one year after the entry into force of this Decree, the Congress of the Union shall adapt the legal provisions to establish the sanctions for those who authorize, order, build or perform infrastructure and human settlements in areas of risk.

TENTH QUARTER. Within a period of no more than six months after the entry into force of this Decree, the Congress of the Union shall make adjustments to the Law of the National System Statistical and Geographic Information that incorporates the National Territorial and Territorial Ordinance Subsystem.

TENTH FIFTH. The erogations that are generated by the entry into force of this Decree for the Secretariat for Agrarian, Territorial and Urban Development will be covered by the to its approved budget for the current fiscal year and subsequent financial year.

Also, the federal entities shall make the necessary budgetary forecasts and adjustments to comply with the obligations set out in this Decree.

Mexico City, 13 October 2016.-Dip. Edmundo Javier Bolanos Aguilar, President.-Sen. Pablo Escudero Morales, President.-Dip. Maria Eugenia Ocampo Bedolla, Secretary.-Sen. Itzel S. Rios de la Mora, Secretariat.-Rubicas. "

In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for its proper publication and observance, I hereby express my request for the Decree at the Residence of the Federal Executive Branch, in Mexico City, at twenty-five November of two thousand sixteen.- Enrique Peña Nieto.-Heading.-The Secretary of the Interior, Miguel Angel Osorio Chong.-Heading.