Article One, (h) of Law 20/2014 of 29 October, whereby the power to issue various recast texts was delegated to the Government, pursuant to the provisions of Article 82 et seq. of the Spanish Constitution, authorised the Government to approve a recast text in which it is integrated, duly regularised, clarified and harmonised, the Soil Law, approved by the Royal Legislative Decree-2/2008 of 20 June, and Articles 1 to 19, the provisions Additional first to fourth, the first and second transitional provisions and the provisions The second and 18th final provisions, as well as the final decisions of the 19th and 20th and the repeal of Law No 8/2013 of 26 June, of rehabilitation, regeneration and urban renewal. The deadline for the completion of this text was 12 months after the entry into force of the said Law 20/2014, which took place on 31 October 2014.

This recasting task, which is dealt with by means of this legal text, basically sets out two objectives: on the one hand to clarify, regularise and harmonise the terminology and the device content of both legal texts, and on the other, structure and order in a single general arrangement the precepts of different nature and scope that contain those.

In this way, the ultimate objective is to avoid the dispersion of such rules and the fragmentation of the provisions of state legislation on soil and rehabilitation, regeneration and urban renewal, derogation from the current part of Royal Decree 1346/1976 of 9 April, approving the recast of the Law on Soil and Urban Planning, which has an additional application except in the territories of the cities of Ceuta and Melilla and, as a result, have been left out of the legislative delegation by virtue of which dictates this real legislative decree.

According to the above provisions, this recast text of the Urban Soil and Rehabilitation Law is produced, which dispenses with its title of the terms urban regeneration and renovation, not only to facilitate the knowledge, management and appointment of the norm, but above all, considering that the term urban rehabilitation encompasses, in a commonly accepted way, both this, and the regeneration and renovation of the urban tissues.

In its virtue, on the proposal of the Minister of Development, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on October 30, 2015,

DISPONGO:

Single item. Approval of the recast text of the Urban Soil and Rehabilitation Act.

The recast text of the Urban Soil and Rehabilitation Act is approved.

Single additional disposition. Regulatory referrals.

The normative references made in other provisions to the Royal Legislative Decree of 20 June, which approved the recast text of the Law of Soil and Law 8/2013 of 26 June, of rehabilitation, Urban regeneration and renovation shall be understood as having been made to the corresponding precepts of the recast text.

Single repeal provision. Regulatory repeal.

All provisions of the same or lower rank that are opposed to the present actual legislative decree and the recast text that they approve, and in particular the following, are repealed:

a) Royal Legislative Decree 2/2008, of June 20, for which the recast text of the Law of Soil is approved.

(b) Articles 1 to 19, the first to fourth provisions, the first and second transitional provisions and the twelfth and 18th final provisions of Law 8/2013 of 26 June, of rehabilitation, urban regeneration and renovation, as well as the final nineteenth and twentieth provisions of that law, in so far as they relate to one of the provisions of this provision repeals.

Single end disposition. Entry into force.

This royal legislative decree and the recast text that it approves will enter into force on the same day as its publication in the "Official State Gazette".

Given in Madrid, on October 30, 2015.

FELIPE R.

The Minister of Development,

ANA MARIA PASTOR JULIAN

RECAST TEXT OF LAND LAW AND URBAN REHABILITATION

Preliminary title. General provisions.

Article 1. Purpose of this law.

Article 2. Definitions.

Article 3. Principle of sustainable urban and territorial development.

Article 4. Spatial planning and urban planning.

Title I. Basic conditions of equality in the constitutional rights and duties of citizens.

Chapter I. Basic citizenship status.

Article 5. Rights of the citizen.

Article 6. Citizen's duties.

Chapter II. Basic status of the initiative and participation in the urban planning activity.

Article 7. Actions of urban transformation and building actions.

Article 8. Public and private initiative in the actions of urban and urban transformation.

Article 9. Public and private participation in the actions of urban and urban transformation.

Article 10. Administrative associations.

Chapter III. Legal status of land ownership.

Article 11. Land ownership right of land ownership.

Article 12. Content of land ownership rights: powers.

Article 13. Content of land ownership rights in rural areas: powers.

Article 14. Content of land ownership rights in urbanised situation: powers.

Article 15. Content of land ownership rights: duties and charges.

Article 16. Content of land ownership rights in rural or vacant building status: duties and charges.

Article 17. Content of the property right of the land under urbanisation: duties and charges.

Chapter IV. Basic status of the promotion of urban actions.

Article 18. Duties linked to the promotion of urban transformation actions and to building actions.

Article 19. The rehousing and return rights.

Title II. Soil regime bases, common procedural rules, and civil standards.

Chapter I. Soil regime bases.

Article 20. Basic criteria for land use.

Article 21. Basic soil situations.

Article 22. Assessment and monitoring of the sustainability of urban development, and guarantee of the technical and economic feasibility of actions on the urban environment.

Chapter II. Common procedural rules and civil rules.

Article 23. Profit and load distribution operations.

Article 24. Specific rules for actions on the urban environment.

Article 25. Advertising and effectiveness in urban public management.

Article 26. Formation of farms and plots, relationship between them and real estate complexes.

Article 27. Transmission of estates and urban planning duties.

Article 28. New work declaration.

Title III. The Building Assessment Report.

Article 29. The Building Assessment Report.

Article 30. Training to subscribe to the Building Assessment Report.

Title IV. Interadministrative cooperation and collaboration.

Article 31. Interadministrative cooperation.

Article 32. Organisation of cooperation.

Article 33. Conventions for the financing of actions.

Title V. Valorations.

Article 34. Scope of the rating regime.

Article 35. General criteria for the valuation of buildings.

Article 36. Assessment of rural land.

Article 37. Assessment in the urbanised soil.

Article 38. Compensation for the ability to participate in new urbanization activities.

Article 39. Compensation for the initiative and the promotion of urbanization or construction actions.

Article 40. Soil assessment on the basis of balance of benefits and charges.

Article 41. Valuation regime.

Title VI. Forced expropriation and patrimonial liability.

Article 42. Regime of expropriations by reason of spatial and urban planning.

Article 43. Justicpricing.

Article 44. Occupation and registration in the Land Registry.

Article 45. Load-free acquisition.

Article 46. Modalities for the management of expropriation.

Article 47. Reversion and retasination assumptions.

Article 48. Compensation assumptions.

Title VII. Social function of land ownership and management.

Chapter I. Forcible Sale and Replacement.

Article 49. Origin and scope of the forced sale or replacement.

Article 50. Regime of forced sale or replacement.

Chapter II. Public land assets.

Article 51. Notion and purpose.

Article 52. Target.

Chapter III. Surface right.

Article 53. Content, constitution and regime.

Article 54. Transmission, taxation and extinction.

Title VIII. Legal regime.

Chapter I. Illegal acts and with the Prosecutor's Office.

Article 55. Null and void acts.

Article 56. Criminal offences.

Chapter II. Requests, acts and agreements.

Article 57. Requests.

Article 58. Administration sued in surrogacy.

Article 59. Enforced execution and award path.

Article 60. Ex officio review.

Chapter III. Actions and resources.

Article 61. Character of the acts and conventions regulated in urban legislation.

Article 62. Public action.

Article 63. Action before ordinary courts.

Article 64. Litigation-administrative resource.

Chapter IV. Property Registration.

Article 65. Inscribable acts.

Article 66. Administrative certification.

Article 67. Class of seats.

Article 68. Benefit and load distribution files.

Additional provisions.

Additional disposition first. Urban information system and other information at the service of public policies for a sustainable urban environment.

Additional provision second. Goods affected by the National Defense, the Ministry of Defense or the use of the armed forces.

Additional provision third. Urban planning powers in Ceuta and Melilla.

Additional provision fourth. Land management of the State's heritage.

Additional provision fifth. Amendment of Article 43 of the Compulsory Expropriation Act of 16 December 1954.

Additional provision sixth. Forest soils set on fire.

Additional provision seventh. Rules for the capitalization of rents on rural land.

Additional disposition octave. State participation in spatial and urban planning.

Additional provision ninth. Amendment of the Regulatory Law on Local Regime Bases.

Additional provision 10th. Acts promoted by the General Administration of the State.

Additional provision eleventh. Real estate cadastre.

Additional disposition twelfth. Infringements in the field of certification of the energy efficiency of buildings.

Additional provision tenth third. Penalties for energy certification of buildings and graduation.

Transitional provisions.

First transient disposition. Application of the soil reserve for protected housing and exceptional temporary rule.

Second transient disposition. Timetable for the implementation of the Building Assessment Report.

Transitional provision third. Valuations.

Transitional disposition fourth. Minimum sustainability criteria.

Final provisions.

Final disposition first. Qualifications required to subscribe to Building Assessment Reports.

Final disposition second. Competence title and scope of application.

Final disposition third. Development.

RECAST TEXT OF LAND LAW AND URBAN REHABILITATION

PRELIMINARY TITLE

General provisions

Article 1. Purpose of this law.

This law regulates, for all state territory, the basic conditions that guarantee:

(a) Equality in the exercise of rights and in the fulfilment of constitutional duties related to the soil.

b) Sustainable, competitive and efficient development of the urban environment through the promotion and promotion of the actions that lead to the rehabilitation of buildings and the regeneration and renovation of urban tissues existing, where they are necessary to ensure that citizens have a good quality of life and the effectiveness of their right to enjoy decent and adequate housing.

It also establishes this law the economic and environmental bases of the legal regime of the soil, its valuation and the patrimonial responsibility of the Public Administrations in the matter.

Article 2. Definitions.

For the purposes of this law, and provided that the specifically applicable legislation does not result in any more detailed definition, the concepts included in this article will be interpreted and applied with the meaning and the following scope:

1. Actions on the urban environment: those that aim to carry out building rehabilitation works, when there are situations of insufficiency or degradation of the basic requirements of functionality, safety and habitability of the buildings, and those of urban regeneration and renovation when they affect buildings, as well as urban tissues, and can include new construction sites in replacement of previously demolished buildings. Urban regeneration and renovation activities will also have an integrated character, when they are articulated in social, environmental and economic measures, framed in a global and unitary administrative strategy.

All of them shall apply to them the basic statutory system of duties and charges corresponding to them, in accordance with the action of urban or building transformation which they conduct, in accordance with the provisions of the Article 7.

2. Under-provision: the building, or part thereof, intended for housing, which does not meet the minimum conditions required in accordance with the applicable legislation. In any event, housing which does not comply with the requirements for area, number, size and characteristics of habitable parts, which have serious deficiencies in their endowments and facilities, shall not be met. basic and those that do not meet the minimum requirements for safety, universal accessibility and habitability required for building.

3. Habitual residence: the place of residence of the person concerned for a period of more than 183 days per year.

4. Cost of replacement of a construction or construction: the present value of construction of a new plant, equivalent to the original in relation to the constructive characteristics and the useful surface, realized with the conditions necessary for their occupation to be authorized or, if necessary, to be in a position to be legally destined for the use that is appropriate to it.

5. Reasonable adjustments: the adequacy of a building to facilitate universal accessibility in an effective, safe and practical way, and without a disproportionate burden. In order to determine whether or not a charge is proportionate, account shall be taken of the costs of the measure, the discriminatory effects that its non-adoption could represent, the structure and characteristics of the person or entity to be put into practice and the possibility of obtaining official financing or any other aid. The burden is to be understood to be disproportionate, in buildings constituted under horizontal ownership, where the cost of the works passed on an annual basis, and discounting the public aid to which it may be entitled, exceeds 12 ordinary common expenses.

6. Building of residential typology of collective housing: the building of more than one dwelling, without prejudice to the fact that it may contain, simultaneously, other uses other than the residential one. In the same way, the building is intended to be occupied or inhabited by a group of persons who, without constituting a family nucleus, share services and undergo a common system, such as hotels or residences.

Article 3. Principle of sustainable urban and territorial development.

1. Public policies relating to the regulation, management, occupation, processing and use of land have as a common purpose the use of this resource in the general interest and in accordance with the principle of sustainable development, without prejudice to specific purposes to be attributed to them by the Laws.

2. In accordance with the principle of sustainable development, the policies referred to in the previous paragraph should encourage the rational use of natural resources by harmonizing the requirements of the economy, employment, social cohesion and equality. treatment and opportunities, the health and safety of people and the protection of the environment, contributing in particular to:

(a) The effectiveness of conservation and improvement measures of nature, flora and fauna and the protection of cultural and landscape heritage.

b) Protection, appropriate to its character, of the rural environment and the preservation of the soil values unnecessary or inappropriate to meet the needs of urban transformation.

(c) The appropriate prevention of risks and hazards to public health and safety and the effective elimination of disturbances from both.

d) Prevention and minimisation, to the greatest extent possible, of air pollution, water, soil and subsoil.

3. The public authorities will formulate and develop, in the urban environment, the policies of their respective competition, in accordance with the principles of competitiveness and economic, social and environmental sustainability, territorial cohesion, efficiency energy and functional complexity, ensuring that it is sufficiently equipped and that the soil is efficiently occupied by combining the uses in a functional manner. In particular:

(a) They will be able to use residential housing in residential homes that are habitual in an urban context safe, healthy, universally accessible, of adequate and socially integrated quality, provided with the equipment, services, materials and products that eliminate or, in any case, minimize, by application of the best available technology in the market at reasonable price, the pollutant and greenhouse gas emissions, the consumption of water, energy and the production of waste, and improve its management.

b) They will encourage and encourage economic and social dynamisation and adaptation, rehabilitation and occupation of vacant or disused housing.

c) Improve the quality and functionality of the endowments, infrastructures and public spaces at the service of all citizens and promote more efficient and environmentally efficient general services.

d) They shall be in favour of, with the necessary infrastructure, equipment and services, the location of stable employment-generating economic activities, in particular those which facilitate the development of the scientific research and new technologies, improving the productive fabric, through intelligent management.

e) Guarantee the universal access of citizens, in accordance with the minimum legal requirements, to buildings for private and public use and to infrastructures, endowments, equipment, transport and services.

f) They will ensure mobility in terms of cost and reasonable time, which will be based on an appropriate balance between all transport systems, which, however, gives preference to public and collective transport and enhances the pedestrian and bicycle travel.

g) Integrate in the urban fabric how many uses are compatible with the residential function, to contribute to the balance of the cities and the residential nuclei, favoring the diversity of uses, the approximation of the services, endowments and equipment to the resident community, as well as cohesion and social integration.

h) They will promote the protection of the atmosphere and the use of clean materials, products and technologies that reduce the polluting and greenhouse gas emissions of the construction sector as well as materials reuse and recycling that will help to improve efficiency in the use of resources. They shall also prevent and, in any event, minimise the negative impacts of urban waste and noise pollution by the application of all legally provided systems and procedures.

(i) Priority renewable energy sources against the use of fossil energy sources and combat energy poverty, promoting energy saving and the efficient use of resources and energy, preferably by own generation.

j) Valoraran, where appropriate, the tourist perspective, and will allow and improve the responsible tourism use.

k) They will favor the value of the urbanized and built heritage with historical or cultural value.

l) Contribute to a rational use of water, fostering a culture of efficiency in the use of water resources, based on savings and reuse.

The pursuit of these aims will be adapted to the peculiarities resulting from the territorial model adopted in each case by the competent public authorities in terms of spatial and urban planning.

4. The public authorities shall promote the conditions for the rights and duties of the citizens established in the following Articles to be real and effective, by adopting the territorial and urban planning measures to ensure a balanced result, favouring or containing, as appropriate, the processes of land occupation and transformation.

The land linked to a residential use by land and urban planning is in the service of the effectiveness of the right to enjoy decent and adequate housing, in the terms provided by the legislation in the material.

Article 4. Spatial planning and urban planning.

1. Territorial and urban planning are public functions which are not capable of transacting and define the use of land and land in accordance with the general interest, determining the powers and duties of the right of property of the soil according to the destination of the soil. This determination does not confer the right to demand compensation, except in cases expressly provided for in the laws.

The exercise of the authority of territorial and urban planning must be motivated, with expression of the general interests to which it serves.

2. Legislation on spatial and urban planning will ensure:

(a) The management and control by the competent Public Administrations of the urban planning process in their phases of occupation, urbanization, construction or construction and use of the soil by any subjects, public and private.

(b) The participation of the community in the capital gains generated by the action of the public authorities in the terms provided for by this law and the others that are applicable.

c) The right to information of citizens and entities representing the interests affected by urban processes, as well as citizen participation in urban planning and management.

3. Public urban management and land policies will encourage private participation.

4. The Public Administrations shall take measures to ensure the performance of conservation works and the implementation of urban regeneration, regeneration and renovation activities that are accurate and, where appropriate, formulated and implement the instruments that establish them, where there are situations of insufficiency or degradation of the basic requirements of functionality, security and habitability of buildings; obsolescence or vulnerability of neighborhoods, of areas; or of homogeneous urban assemblies; or serious situations of energy poverty. In such cases, priority will be given to measures to eliminate situations of under-life, to ensure safety, health, habitability and universal accessibility and rational use of energy, as well as those which, with such objectives, such as the initiative of the individual themselves included in the field, or a broad participation of them in it.

TITLE I

Basic conditions of equality in citizens ' constitutional rights and duties

CHAPTER I

Citizen's basic status

Article 5. Rights of the citizen.

All citizens are entitled to:

(a) Enjoying decent, adequate and accessible housing, conceived in accordance with the principle of design for all persons, which constitutes its domicile free of noise or other polluting missions of any type exceeding the maximum limits allowed by the applicable legislation and in an appropriate environment and landscape.

b) Access, in non-discriminatory conditions and universal accessibility, to the use of public endowments and collective equipment open to public use, in accordance with the legislation of the activity in question.

c) Access to the information available to the Public Administrations on the spatial planning, planning and environmental assessment, as well as obtaining copies or certification of the provisions or acts (

) the administrative authorities of the Member States.

d) Be informed by the competent authority, in full, in writing and in reasonable time, of the arrangements and the urban conditions applicable to a particular estate, in the terms laid down by its legislation regulatory.

e) To participate effectively in the procedures for the elaboration and approval of any instruments of spatial planning or planning and urban execution and of its environmental assessment through the formulation of claims, observations, proposals, complaints and complaints and to obtain from the Administration a reasoned response, in accordance with the regulatory legislation of the legal system of that Administration and the procedure in question.

f) To exercise public action to enforce the determinations of spatial and urban planning, as well as the decisions resulting from the environmental assessment procedures of the instruments containing them and of the projects for their implementation, in the terms laid down by their regulatory legislation.

Article 6. Citizen's duties.

All citizens have a duty to:

a) Respect and contribute to preserving the environment and the natural landscape by refraining from performing actions that pollute the air, water, soil and subsoil or not permitted by legislation in the field.

(b) Meet the requirements and conditions under which the legislation applies to the nuisance, unhealthy, noxious and dangerous activities, as well as to use the best available techniques in accordance with the regulations at any time applicable, aimed at eliminating or reducing the negative effects identified.

c) Respect and make a rational and appropriate use, in any case with its characteristics, function and capacity of service, of public domain goods and of infrastructure and urban services.

d) Respect and contribute to preserving the urban landscape and the architectural and cultural heritage by refraining from performing any act or developing any illegal activity.

CHAPTER II

Basic status of initiative and participation in urban planning activity

Article 7. Actions of urban transformation and building actions

1. For the purposes of this law, actions for urban transformation are understood:

a) Urbanization performances, which include:

1) The new urbanization, which involves the passage of a land area from the rural to urbanized land situation to create, together with the corresponding infrastructures and public endowments, one or more suitable plots for the construction or use independently and functionally connected with the network of services required by spatial and urban planning.

2) Those aimed at reforming or renewing the urbanization of an urban land area, in the same terms as the previous paragraph.

(b) the allocation of resources, considering as such those aimed at increasing the public allocations of an area of urbanized land to readjust their proportion with the greatest buildability or density or with the new uses allocated in urban planning to one or more parcels in the field and do not require the reform or renovation of the development of this area.

2. Provided that the conditions laid down in the previous paragraph are not met, and for the sole purpose of the provisions of this law, it is understood by building actions, even when they require complementary works of urbanization:

a) The new building and replacement of the existing building.

b) Building rehabilitation, understanding for such the realization of the works and works of maintenance or intervention in the existing buildings, their facilities and common spaces, in the terms arranged by the Law 38/1999, of 5 November, of Ordination of the Building.

3. Action on traditional centres legally established in rural areas will apply to them as provided for in the previous paragraphs, in accordance with the nature of their own legislation, in the interests of their specific peculiarities.

4. For the purposes of this law alone, the actions of urbanisation are understood to be initiated at the moment when, once approved and effective, all the instruments of management and execution required by the legislation on management Territorial and urban planning to legitimize the works of urbanization, begin the material execution of these. The initiation shall be presumed when there is an administrative or notarial act of faith in the commencement of the works. The expiry of any of the aforementioned instruments, for the purposes of this law, restores the ground to the situation where it was at the beginning of the action.

The completion of the urbanization actions will occur when the construction works are completed in accordance with the instruments that legitimize them, having fulfilled their duties and raised the corresponding charges. The termination shall be presumed to have been received by the Administration or, failing that, at the end of the period in which the receipt of the works has been produced, accompanied by a certificate issued by the technical management of the works.

Article 8. Public and private initiative in the actions of urban and urban transformation.

1. The initiative to propose the planning of the actions of urban transformation and the buildings will be able to depart from the Public Administrations, the public entities attached or dependent of the same and, in the conditions arranged by applicable law, the owners.

When it comes to actions on the urban environment, the initiative in the management of the actions will also be able to depart from the communities and groups of communities of owners, the housing cooperatives formed the owners of buildings, buildings and urban estates, the owners of real rights or the right to use them, and the companies, entities or companies that intervene on behalf of any of the previous subjects. All of them will be considered owners for the purpose of exercising such an initiative.

2. Individuals, whether or not they are owners, should contribute, in the terms laid down in the laws, to the urban development of the public authorities, to which the direction of the process will be the responsibility, in all cases, both in the cases of initiative public, as private.

Article 9. Public and private participation in the actions of urban and urban transformation.

1. The public authorities may use, for the purposes of implementing the action, all the procedures for direct and indirect management supported by the legislation of the legal system, the contracting of Public administrations, local and spatial planning and urban planning.

2. In the case of the actions referred to in this Chapter by means of public initiative procedures, the owners of the land, as well as individuals who do not have the property, may participate in the proceedings. conditions laid down by the applicable legislation. Such legislation shall ensure that the exercise of free enterprise is subject to the principles of transparency, publicity and competition.

3. In actions of public initiative in the urban environment, the Administration will decide whether to execute the works directly or if it proceeds to its award by means of the call for a public tender, in which case the bases will determine the criteria applicable for the award of the contract and the minimum percentage of the ceiling built to be attributed to the owners of the building subject to the compulsory replacement, under horizontal ownership. In such competitions, any natural or legal person interested in taking action, including the owners who are part of the relevant field, may submit tenders. To this end, they must be an administrative association which will be governed by the provisions of the territorial and urban planning legislation in relation to the Urban Conservation Entities. The award of the contest shall take into account, on a preferential basis, those alternatives or offers which propose adequately advantageous terms for the owners concerned, except in the case of non-compliance with the social function of the ownership or of the time limits laid down for its implementation, establishing incentives, attracting investment and offering guarantees or possibilities for collaboration with them; and those which produce a greater benefit for the community as a whole and propose works for the elimination of the situations of infravivienda, of compliance with the legal obligation to preserve, guarantee universal accessibility, or to improve energy efficiency.

In addition, collaboration agreements may be concluded between the Public Administrations and the public entities assigned or dependent on them, which have as their object, among others, to grant the execution to a Consortium has been established, or to a limited-duration joint venture company, or for an indefinite period, in which the public authorities shall hold the majority holding and, in any event, exercise effective control, or the decisive position in its operation.

4. In the implementation of actions on the urban environment, in addition to the competent public administrations and public entities attached or dependent on them, they may participate.

a) owners ' communities and communities pools,

b) housing cooperatives,

(c) owners of buildings, buildings and urban estates, and holders of real rights or benefits,

(d) companies, entities or companies involved in any such operations and

(e) administrative associations which are set up in accordance with the provisions of the legislation on spatial and urban planning or, failing that, by the following Article.

5. All the subjects referred to in the above paragraph may, according to their own nature:

(a) Act on the real estate market with full legal capacity for all transactions, including credit, related to the performance of the conservation duty, as well as with the participation in the execution of rehabilitation measures and urban regeneration and renovation activities that correspond to them. To this end, they may draw up, on their own initiative or on behalf of the person responsible for the management of the action concerned, the corresponding management plans or projects corresponding to the action.

(b) Constituted in administrative associations to participate in the public competitions that the Administration has for the purposes of adjudicating the execution of the corresponding works, as fiduciaries with full power device on the common elements of the corresponding building or real estate complex and the estates belonging to the owners members of those buildings, without any limitations other than those laid down in their respective statutes.

c) To assume, by themselves or in association with other subjects, public or private, intervening, the management of the works.

d) constitute a conservation and rehabilitation fund, which will be nurtured by specific contributions from the owners to this end and with which they will be able to cover payments of contribution contributions to the corresponding works.

e) To be directly beneficiaries of any incentive measures established by the public authorities, as well as recipients and managers of the aid granted to property owners.

f) Grant public writings for the modification of the horizontal property regime, both in relation to the common elements and the properties of private use, in order to accommodate this regime to the results of the works of Building and regeneration rehabilitation and urban renovation in the management of which they participate or which they directly carry out.

g) To be beneficiaries of the expropriation of those parts of floors or premises of buildings, predominantly intended for use in housing and constituted under horizontal ownership, which are indispensable for the installation of the common services provided for by the Administration in plans, delimitation of areas and execution orders, as it may be unfeasible, technically or economically any other solution, provided that compliance with the minimum area is ensured; and the standards required for buildings, housing and common spaces.

h) Request credits for the purpose of obtaining funding for conservation works and actions governed by this law.

6. Participation in the implementation of actions on the urban environment shall, wherever possible, be produced in a system of balance of charges and benefits.

7. Both the owners, in the cases of recognition of the private initiative for the urban transformation or the building performance of the field in question, as the private individuals, whether or not they own, in the cases of public initiative in which private participation has been formally awarded, they may draw up and submit to the processing the precise management and management instruments, in accordance with the applicable legislation. To this end, prior authorization from the competent urban administration, they will have the right to be provided, on the part of the Public Bodies, as many informative elements to carry out their drafting, and to carry out on farms particular occupations necessary for the drafting of the instrument in accordance with the Compulsory Expropriation Act.

8. The legal agreements or businesses which the promoter of the action concludes with the corresponding administration, may not establish additional obligations or benefits or more burdensome than those which they lawfully carry out, to the detriment of the affected owners. The clause that contravene these rules will be null and void.

Article 10. Administrative associations.

1. The administrative associations referred to in point (e) of paragraph 4 of the preceding Article shall have their own legal personality and administrative nature and shall be governed by their statutes and by the provisions of this Article, irrespective of the other specific procedural rules which come under the law of territorial and urban planning. They will depend on the current urban administration, who will be responsible for the approval of their statutes, from which time they will acquire the legal personality.

2. The agreements of these associations shall be adopted by a simple majority of participation quotas, unless a special quorum is established for certain cases in the statutes or in other rules. Such agreements may be contested in the light of the current urban administration.

3. The dissolution of the associations referred to in this article will be produced by the fulfillment of the purposes for which they were created and will require, in any case, agreement of the current urban administration. However, the approval of the dissolution of the entity shall not proceed until the performance of the remaining obligations is recorded.

CHAPTER III

Legal status of soil ownership

Article 11. Land ownership right of land ownership.

1. The urban land ownership regime is statutory and results from its links to specific destinations, in the terms laid down by the legislation on land and urban planning.

2. The forecast of buildability for spatial and urban planning, by itself, does not integrate it into the content of the land ownership right. The patrimonialization of the buildability is produced only with its effective realization and is conditioned in any case to the fulfillment of the duties and the lifting of the own burdens of the corresponding regime, in the willing terms for territorial and urban planning legislation.

3. Any act of construction shall require the act of conformity, approval or administrative authorization which is mandatory, according to the legislation of territorial and urban planning, and must be motivated by its refusal. In no case may administrative silence be construed as powers or rights that contravene territorial or urban planning.

4. Irrespective of the provisions set out in the preceding paragraph, they shall be express, with negative administrative silence, the following acts:

(a) Movements of lands, explanations, parcels, segregations or other acts of division of farms in any kind of soil, when they are not part of a project of repair.

b) Construction, construction and deployment of new plant installations.

c) The location of prefabricated houses and similar facilities, whether temporary or permanent.

d) The logging of tree or bushland masses on land incorporated into urban transformation processes and, in any case, when such logging is derived from public domain protection legislation.

5. Where the applicable territorial and urban planning legislation is subject to the first occupation or use of the buildings to a prior communication or a responsible declaration system, and such procedures do not result in the the building meets the necessary requirements for the intended use, the administration to which the communication is carried out must take the necessary measures for the cessation of the occupation or the use communicated. If it does not take such measures within six months, it shall be liable for any damage which may be caused to third parties in good faith by the omission of such measures. The Administration may pass on the subject to the presentation of the prior communication or responsible declaration the amount of such damages.

Both the practice of prior communication to the competent authority, and the measures to restore the urban legality which it may adopt in relation to the act communicated, must be recorded in the Property registration, in terms established by mortgage legislation and by this law.

Article 12. Content of land ownership rights: powers.

1. The right to property of the soil includes the faculties of use, enjoyment and exploitation of the same according to the state, classification, objective characteristics and destiny it has at each moment, according to the legislation in the field of management territorial and urban planning applicable by reason of the characteristics and status of the good.

It also includes the power of disposal, provided that its exercise does not infringe the system of formation of farms and plots and the relationship between them established in Article 26.

2. The authority of the owner reaches the flight and the subsoil as far as it determines the instruments of urban planning, in accordance with the applicable laws and with the limitations and easements that require the protection of the domain public.

Article 13. Content of land ownership rights in rural areas: powers.

1. On the ground in rural areas referred to in Article 21.2 (a), the powers of the right of ownership include the right to use, enjoy and dispose of the land in accordance with its nature, and must be dedicated within the limits of the Laws and spatial and urban planning, agricultural, livestock, forestry, hunting, and any other related to the rational use of natural resources are available.

The use of land with environmental, cultural, historical, archaeological, scientific and landscape values that are protected by the applicable legislation will always be subject to the preservation of these lands. values, and shall comprise only acts of alteration of the natural state of the grounds which that legislation expressly authorizes.

By way of exception and by the procedure and under the conditions laid down in the legislation of territorial and urban planning, specific acts and uses which are of public or social interest may be legitimised. contribute to rural development and development, or to be deployed in rural areas.

2. In rural areas for which land and urban planning instruments provide for or allow their passage to the land situation, the powers of the right of ownership include the following:

(a) The right of consultation of the competent authorities, on the criteria and forecasts of urban planning, of the sectoral plans and projects, and of the works to be carried out to ensure the connection of the urbanization with the general services networks and, where appropriate, the expansion and strengthening of existing ones outside the scope of the action.

Territorial and urban planning legislation will set the maximum response time of the consultation, which may not exceed three months, unless a rule with a law range establishes a higher one, as well as the effects that follow her. In any event, the alteration of the criteria and the provisions provided for in the reply, within the time limit in which it takes effect, may entitle the compensation to the costs incurred in the preparation of projects. necessary, in the terms of the general system of the public authorities ' liability, to be useless.

(b) The right to draw up and present the appropriate management instrument, where the Administration has not reserved the public initiative for ordination and implementation.

(c) The right to participate in the implementation of the actions of new urbanization, in a regime of equitable distribution of benefits and burdens among all affected owners in proportion to their contribution.

In order to exercise this power, or to ratify it, if it has exercised it before, the owner shall have the time limit laid down by the legislation on land and urban planning, which may not be less than one month or be counted from a time prior to that in which it is able to know the extent of the burden of the performance and the criteria for its distribution to those affected.

(d) The realization of provisional uses and works that are authorized because they are not expressly prohibited by territorial and urban legislation, or the sector and are compatible with urban planning. These uses and works must cease and, in any case, be demolished the works, without any right to compensation, when the urban administration so agrees.

The effectiveness of the corresponding authorizations, under the conditions expressly accepted by the addressees, will be subject to their constancy in the Land Registry in accordance with the law mortgage.

The lease and the area right of the land referred to in this paragraph, or of the provisional constructions that are raised in them, shall be excluded from the special regime of rustic and urban leases, and, In any case, they will automatically end with the order of the urban administration by agreeing on the demolition or eviction to implement the urbanization projects. In these cases there will be no right to rehousing, or return.

e) The right to use, enjoy and dispose of the land in accordance with paragraph 1, provided that the exercise of these powers is compatible with the forecast already contained in the management instrument territorial and urban development in relation to its passage to the situation of urbanized soil.

3. By way of derogation from the above paragraphs, only the delimitation of the protected natural spaces or the spaces covered by the Natura 2000 Network may be altered, reducing their total area or excluding land from such spaces, when This is justified by the changes brought about by their scientifically proven natural evolution. The alteration must be submitted to public information, which in the case of the Natura 2000 network will be made in advance of the referral of the proposal to the European Commission and the acceptance of such an uncataloging.

Article 14. Content of land ownership rights in urbanised situation: powers.

In the land under urbanisation, the powers of the right of ownership include, in addition to those laid down in points (a), (b) and (d) of the previous Article, where applicable, the following:

a) Complete the urbanization of the land to meet the requirements and conditions established for its construction. This right may be exercised individually or, where the land is subject to a joint action, with the owners of the scope, in the form provided for in the applicable legislation.

(b) Edify on a unit suitable for this purpose within the time limits laid down for this purpose in the applicable regulations and perform the necessary actions to maintain the building, at all times, in a good state of conservation.

(c) Participate in the implementation of actions for the reform or renewal of urbanization, or for the provision of a fair distribution of benefits and burdens, where appropriate, or for distribution, among all those affected, of the costs arising from the execution and the benefits attributable to it, including between them the public aid and all those which allow the generation of some kind of income linked to the operation.

d) Obtain, where appropriate, the corresponding administrative compliance or authorization to perform any of the actions on the urban environment, which will determine the actual direct and immediate condition, by determination legal, of the estates constituting private elements of horizontal property regimes or of private real estate complex, whatever their owner, to the fulfillment of the duty to afford the works. The actual condition shall be indicated by a marginal note in the Land Registry, with the express constancy of its actual guarantee character and with the same preference and priority regime established for the actual condition to the payment of the urbanization in urban transformation actions.

Article 15. Content of land ownership rights: duties and charges.

1. The right of ownership of the land, facilities, buildings and buildings generally includes, whatever the situation in which they are located, the following duties:

a) Give them to uses that are compatible with spatial and urban planning.

b) Keep them in the legal conditions of safety, health, universal accessibility, ornato and others that require laws to support such uses.

c) Carry out the additional works that the Administration orders for tourism or cultural reasons, or for the improvement of the quality and sustainability of the urban environment, as far as it reaches the legal duty of conservation. In the latter case, the works may consist of the adequacy to all or some of the basic requirements laid down in the Technical Code of the Edification, and the Administration must be determined in a reasoned manner the level of quality to be reached for each of them.

2. The legal duty of conservation is the limit of the works to be executed at the expense of the owners. Where such a limit is exceeded, it shall be borne by the funds of the Administration which orders the works exceeding it to obtain improvements of general interest.

3. The limit of the works to be executed at the expense of the owners in compliance with the legal duty of conservation of the buildings is established in half the current value of construction of a new plant, equivalent to the original, in relation to the constructive characteristics and the useful surface, carried out with the necessary conditions for its occupation to be authorised or, if necessary, to be in a position to be legally destined for its own use.

4. The competent authority may, at any time, impose the performance of works for compliance with the legal obligation of conservation, in accordance with the provisions of the applicable state and regional legislation. The final act of approval of the appropriate administrative order of execution shall determine the direct and immediate actual condition, by legal determination, of the property, to the fulfilment of the obligation of the duty of conservation. This actual condition shall be recorded, by means of a marginal note, in the Land Registry, with a reference to its actual guarantee character and the same preference and priority scheme established for the actual condition, to the payment of urbanization in urban transformation actions.

According to the provisions of the applicable regulations, in the cases of unjustified inexecution of the works ordered, within the period conferred to the effect, will proceed to its subsidiary realization by the Public Administration competent, replacing the owner or holders of the real estate or building and assuming the power to build or rehabilitate them from those, or to the application of any other formulas of administrative reaction to the choice of the latter. In such cases, the maximum limit of the conservation duty may be raised, if available under the autonomous legislation, up to 75% of the cost of replacement of the building or the building concerned. When the owner fails to comply with the agreement of the Administration, once the declaration of the non-compliance has been declared and the application of the corresponding regime has been agreed upon, the Acting Administration shall transmit to the Registry of the Property certification of the relevant act or acts for constancy by note on the margin of the last domain registration.

Article 16. Content of land ownership rights in rural or vacant building status: duties and charges.

1. On the ground that is rural for the purposes of this law, or this building vacancy, the duty to conserve it involves costing and executing the necessary works to maintain the land and its plant mass in a position to avoid risks of erosion, fire, flooding, as well as damage to third parties or the general interest, including environmental ones; ensuring public safety or health; preventing contamination of soil, water or air and undue pollution in others property and, where appropriate, retrieve them in the terms laid down by their specific legislation; and to ensure the establishment and functioning of the services derived from the uses and activities carried out on the ground. Compliance with this duty shall not exempt from the additional rules of protection laid down in the applicable legislation.

2. Where the land in a rural situation is not subject to the scheme of an urbanisation action, the owner shall, in addition to the provisions of the first paragraph, have the duty to satisfy the property provided by the owner of the land. legislation on spatial and urban planning, in order to legitimise private land use not linked to its primary operation, as well as to the cost and, where appropriate, to implement the infrastructure for the connection of installations and Authorised buildings, with the general services networks and deliver them to the Administration competent for their incorporation into the public domain, when they must be a part of it.

In this area, urban areas are prohibited, without the possibility of divisions, segregations or fractionations of any kind against the provisions of the agricultural, forestry or similar legislation. nature.

3 When the land in rural conditions is subject to the regime of an urban transformation action, the owner must assume, as a real burden, the participation in the legal duties of the promotion of the performance, in a a system of equitable distribution of benefits and burdens, as well as allowing the goods necessary for the performance of the works, where appropriate, the person responsible for implementing the action, in the terms of the legislation on spatial planning and urbanistics.

Article 17. Content of the property right of the land under urbanisation: duties and charges.

1. In the land in a situation of urbanized, the duty of use involves the duties of completing the urbanization of the lands with the requirements and conditions established for its construction and the duty to build within the deadlines established in the regulations applicable, where this is provided for by the town planning and under the conditions laid down by it.

2. Where the Administration imposes performance on the urban environment, the owner shall have the duty to participate in its execution in the system of distribution of benefits and charges corresponding to the terms laid down in the Article 14.1.c).

3. In particular, in the case of buildings, the legal obligation of conservation shall include, in addition to the duties of a general nature required in accordance with the provisions of Article 15, the carrying out of the necessary works and works. for:

(a) To satisfy, as a general rule, the basic requirements of the building laid down in Article 3.1 of Law 38/1999 of 5 November of Ordination of the Building.

b) Adapt and update your facilities to the legal standards that, for the existing building, are explicitly required at any time.

4. The legal obligation of conservation, which shall constitute the limit of the works to be executed at the expense of the owners when the Administration orders them for tourist or cultural reasons, or for the improvement of the quality or sustainability of the medium urban, is established in half the current value of construction of a new plant, equivalent to the original, in relation to the constructive characteristics and the useful surface, realized with the necessary conditions for its occupation is authorized or, if applicable, is in a position to be legally intended for use as itself. Where such a limit is exceeded, the works which exceed it to obtain improvements of general interest shall be borne by the funds of the Administration which has imposed its implementation.

5. In addition to those subjects to which the legislation on spatial and urban planning attributes this obligation, the performance of the urban environment corresponds to the following:

(a) The owners and holders of rights of use granted by them, in the proportion agreed upon in the corresponding contract or legal business that legitimizes the occupation. In the absence of such a contract, or where the contract does not contain any provision relating to the said proportion, it shall be for the latter or those, depending on whether or not the works have the character of minor repairs motivated by the daily use of the housing, its facilities and services. The determination shall be made in accordance with the rules governing the contractual relationship and, where appropriate, with the proportions shown in the Land Registry, relating to the good and its annexes to the proprietary use.

(b) The owners ' communities and, where appropriate, the community groups of owners, as well as the housing cooperatives, with respect to the common elements of the construction, building or real estate complex in the horizontal ownership and condos system, without prejudice to the duty of the owners of the farms or separate elements of private use to contribute, in the terms of the community or group of communities ' statutes cooperative, to the expenses incurred by the latter.

(c) Public Administrations, when they affect elements of the urbanization and there is no legal duty for the owners to assume their cost, or when they finance part of the operation with public funds, in the Subsidiary execution assumptions, at the expense of the obligors.

CHAPTER IV

Basic status of the promotion of urban actions

Article 18. Duties linked to the promotion of urban transformation actions and to building actions.

1. The urbanization actions referred to in Article 7.1 (a) have the following legal duties:

(a) Deliver to the competent authority the soil reserved for vials, free spaces, green areas and other public endowments included in the action itself or attached to it for obtaining it.

In these soils, it will be included, when they have to be part of urbanization actions whose predominant use is residential, which the instrument of management ascribed to the public endowment of dwellings subjected to some regime of protection, with exclusive use for the rental, both in the cases in which it is determined by the applicable law, and when the memory of the corresponding instrument is derived the need to have this type of housing (a) the purpose of which is to meet the temporary needs of groups with Special difficulties in access to housing.

(b) To deliver to the competent authority, and to the public property of the soil, the soil free from urbanization charges corresponding to the percentage of the weighted average buildability of the performance, or of the higher scope the reference to which it is included, which sets out the regulatory legislation for spatial and urban planning.

As a general rule, the percentage referred to in the preceding paragraph may not be less than 5 percent and not more than 15 percent.

Territorial and urban planning legislation may exceptionally allow to reduce or increase this percentage in a proportionate and motivated manner, up to a maximum of 20% in the case of its increase, for the actions or areas in which the value of the resulting parcels is significantly lower or higher, respectively, in the other areas of the same category of soil.

Territorial and urban planning legislation may determine the cases and conditions under which soil delivery may be replaced by other forms of compliance with the duty, except where it can be met with soil for housing subject to a public protection scheme under the reserve referred to in Article 20 (1) (b).

(c) Cost and, where appropriate, carry out all the urbanisation works provided for in the relevant action, as well as the infrastructure for connection with the general services networks and for the extension and strengthening of the existing outside the scope of the action which is required by its specific dimension and characteristics, without prejudice to the right to reintegrate the costs of installation of the service networks from its lending undertakings, in the terms of the (a) the provisions of the conventions which the effect of which is signed and which must be approved by the Acting administration. In the absence of agreement, such Administration shall decide what is appropriate.

Among the works and infrastructure referred to in the preceding paragraph, they shall be understood to include those for water purification, water supply and purification that are required in accordance with their regulatory legislation, and the legislation on territorial and urban planning may also include public transport infrastructure that is required for sustainable mobility.

d) Deliver to the competent authority, together with the appropriate soil, the works and infrastructures referred to in the preceding point, which must be part of the public domain as building support of the facilities of any network of envelopes and services, as well as such facilities where they are intended for the provision of public ownership services.

e) Ensuring the rehousing of the legal occupants that requires the removal of buildings located within the area of the performance and that constitute their habitual residence, as well as the return when they are entitled to it, in the terms laid down in the legislation in force, without prejudice to the provisions of the following Article.

(f) Indemnity rightholders about the constructions and buildings to be demolished and the works, installations, plantations and crops that cannot be preserved.

2. In the case of the allocation actions referred to in Article 7.1 (b), the above duties shall be required with the following provisos:

(a) The duty to provide the competent authority with the land free of the urbanisation charges corresponding to the percentage of the weighted average buildability of the performance or of the higher reference scope in which it is include, which establishes the legislation governing territorial and urban planning, shall be determined on the basis of only the increase in the weighted average buildability which, where appropriate, results from the modification of the management instrument. Such a duty may be fulfilled by replacing the supply of land with a cash value, in order to cover the part of public funding which may be provided for in the action itself, or to be incorporated into the public assets of land, with preferential destination for rehabilitation or regeneration and urban renovation.

(b) The duty to provide the competent authority with the floor for public funds related to the adjustment of its ratio may be replaced, in the event of a physical impossibility of materializing it in the relevant field, for the delivery of an edified area or non-profit building, in a real estate complex, situated within it, as provided for in Article 26.4, or by other forms of compliance with the duty in the cases and conditions under which the legislation on spatial and urban planning.

3. In the case of building proceedings, the duties referred to in points (e) and (f) of paragraph 1 of this Article, as well as the completion of the urbanization of the land with the same, shall be required in accordance with their nature and scope. requirements and conditions established for their construction.

4. Irrespective of the provisions of the above paragraphs, exceptionally and provided that it is adequately justified that no other technical or economically viable solution is possible, the urban planning instruments may be exempt from the duties of new ground deliveries corresponding to them, to actions on areas with a high degree of degradation and no material of soils available in their immediate surroundings. The same rule may apply to increases in the density or buildability that are necessary to replace the housing infrastructure that meets the legally enforceable requirements, with the purpose of rehousing and the return required by the corresponding action.

5. Actions on traditional nuclei which are legally established in the rural environment will carry out the legal duties set out in the previous numbers, according to the characteristics assigned to them by their own legislation.

6. The areas covered by the actions and those assigned to them are affected, as a guarantee, to the fulfilment of the duties of the preceding paragraphs. These duties are presumed to be met by the competent authority of the development or rehabilitation and urban regeneration or renovation works concerned or, failing that, at the end of the period in which they should have been completed. produced the reception from its application accompanied by a certificate issued by the technical management of the works, without prejudice to the obligations which may result from the liquidation of the final accounts of the action.

Article 19. The rehousing and return rights.

1. In the implementation of the actions on the urban environment requiring the eviction of the legal occupants of buildings that constitute their habitual residence, they must guarantee the right of those to the rehoming in the terms established by This article and the legislation on spatial and urban planning:

(a) the expropriating administration or, where appropriate, the beneficiary of the expropriation, when action is taken for expropriation. For such purposes, they must make available to those, dwellings under the conditions of sale or rent in force for the dwellings subject to some regime of public protection and adequate surface to their needs, within the limits established by the protective legislation. The supply of the replacement housing, in the regime in which the expropriated is occupied, shall be equivalent to the payment of the expropriatory justiprice, unless the expropriated chooses to receive it in cash, in which case it shall not have the right to rework.

b) the promoter of the action, where action is taken by means of joint management, by means of non-expropriatory procedures. In such cases, the sponsor shall ensure the rehousing, under the conditions laid down in the applicable legislation.

2. Where the application of the expropriation is not applicable, the tenants who, as a result of the rehabilitation or demolition work, are unable to make use of the rented dwellings, shall have the right to accommodation. temporary, as well as return when possible, both rights being exercisable in front of the owner of the new building, and for the time remaining until the end of the contract.

To make the right of return effective, the owner of the farm must provide a new dwelling, the area of which is not less than fifty percent of the previous one and whenever it has, at least, ninety meters square, or not less than the one with which it has, if it did not reach such a surface, of characteristics similar to that and which is located in the same solar or in the environment of the building demolished or rehabilitated.

3. The right of rehoming is personal and non-transferable, except in the case of the forced heirs or the surviving spouse, provided they credit that they share with the holder in terms of habitual residence, the dwelling object of the realojo.

4. Any rehousing procedure shall at least respect the following common procedural rules:

(a) The Acting Administration shall identify the legal occupants referred to in paragraph 1 by any means admitted in law and notify them of the inclusion of the building in the relevant action; (a) a hearing procedure which, if there is also a time limit for public information, will coincide with the hearing.

b) During the process of hearing or informing the public, the interested parties, as well as accrediting that they comply with the legal requirements necessary to be holders of the right of rehoming, may request the recognition of such right or give up your exercise. The absence of response shall not prevent the Administration from continuing the procedure.

(c) After the completion of the procedure provided for in the preceding letter, the Administration shall approve the definitive listing of persons entitled to rehousing, if they have not already done so before and shall notify them to the affected.

(d) By way of derogation from the foregoing paragraphs, the right of rehoming may be recognized by other persons who, after the relevant time, are satisfied that they meet the legal requirements to have such right.

5. In order to make the right to rehousing cash, it will be necessary to provide housing for each of the houses affected by the action, either in the same area of action, or, if not possible, the closest to the same. Where it is not materially possible to provide such housing, holders of the rehousing right shall be entitled to its economic equivalent.

The replacement housing shall have an area appropriate to the needs of the holder of the rehousing right and, in the event that this person is a disabled person, it shall be a dwelling accessible or in accordance with the needs arising from disability.

The right of rehousing will in any case respect the limits established by the applicable protected housing legislation.

6. The recognition of the right to rehousing is independent of the right to receive the appropriate compensation, where pre-existing rights are extant, except as provided for in paragraph 1 (a).

TITLE II

Soil regime bases, common procedural rules, and civil standards

CHAPTER I

Soil Regime Bases

Article 20. Basic criteria for land use.

1. In order to make effective the principles and rights and duties set out in the preliminary title and in Title I, respectively, the Public Administrations, and in particular the competent authorities in matters of territorial and urban planning, must:

a) To attribute in the spatial and urban planning a destination that will transport or allow the passage of the situation of rural land to the land of urbanized, by the urbanization, to the precise soil to satisfy the needs to justify it, to prevent speculation with it and to preserve the rest of the rural land from urbanization.

(b) To provide adequate and sufficient land for productive and residential use, with reservation in any case of a part provided to housing subject to a public protection regime which, at least, allows the establishment of its price maximum for sale, rental or other forms of access to housing, such as the right of area or administrative concession.

This reserve will be determined by the legislation on spatial and urban planning or, in accordance with it, by the instruments of management, will guarantee a distribution of its respectful location with the principle of social cohesion and will comprise at least the land needed to carry out 30% of the residential building planned by urban planning in the rural land which will be included in new housing and urban areas. 10 per cent in urbanised soil to be subject to reform measures or renovation of the urbanization.

However, such legislation may also set or permit exceptionally a lower reserve or exempt it for certain municipalities or actions, provided that, in the case of new urbanisation, it is guaranteed in the instrument of management the full compliance of the reserve within its territorial scope of application and a distribution of its respectful location with the principle of social cohesion.

(c) Understanding, in the management of land use, the principles of universal accessibility, equal treatment and opportunities between women and men, mobility, energy efficiency, guarantee of water supply, prevention of natural hazards and serious accidents, prevention and protection against pollution and limitation of their consequences for health or the environment.

2. Installations, buildings and buildings must be adapted, in the main, to the environment in which they are situated, and to that end, in the areas of open and natural landscape, whether rural or maritime, or in the prospects offered by them. urban sets of historical-artistic, typical or traditional characteristics, and in the vicinity of the roads and paths of picturesque route, the situation, mass, height of the buildings, walls and closures, or the installation of other elements, limit the visual field to contemplate the natural beauties, break the landscape harmony or disfigure the perspective of the landscape itself.

Article 21. Basic soil situations.

1. All the soil is, for the purposes of this law, in one of the basic situations of rural soil or urbanized soil.

2. It's in the rural land situation:

(a) In any case, the soil preserved by the spatial and urban planning of its transformation through urbanization, which must include at least the lands excluded from such transformation by the legislation of protection or police of the public domain, nature or cultural heritage, which must be subject to such protection in accordance with territorial and urban planning for the values in which they are concurrent, including the ecological, agricultural, livestock, forestry and landscape, as well as those with natural or technological, including flood or other serious accidents, and how many others provide for spatial planning or urban planning legislation.

b) The land for which the instruments of spatial and urban planning provide for or allow their passage to the situation of urbanized soil, until the corresponding development of urbanization, and any other that does not meets the requirements referred to in the following paragraph.

3. It is found in the situation of urbanized land that, being legally integrated in an urban grid formed by a network of vials, endowments and parcels of the core or settlement of population of which it is part, it meets some of the Following conditions:

a) Having been urbanized in execution of the corresponding sorting instrument.

b) Having installed and operational, as established in the applicable urban legislation, the necessary infrastructures and services, through their network connection, to meet the demand for the uses and buildings existing or planned by urban planning or to be able to count on them without other works than those of connection with pre-existing facilities. The fact that the soil is adjacent to bypass roads or to interurban communication paths will not, by itself, be considered as an urbanised soil.

c) To be occupied by the building, in the percentage of the spaces suitable for it that determines the legislation of spatial planning or urban planning, according to the planning proposed by the instrument of planning corresponding.

4. It is also found in the situation of urbanised soil, including in traditional rural areas legally settled in rural areas, provided that the land condition is attributed to land and urban planning legislation. urban or assimilated and where, in accordance with it, they have the necessary facilities, infrastructure and services.

Article 22. Assessment and monitoring of the sustainability of urban development, and guarantee of the technical and economic feasibility of actions on the urban environment.

1. The territorial and urban planning instruments are subject to environmental assessment in accordance with the provisions of the legislation for the assessment of the effects of certain plans and programmes on the environment and in this article. prejudice to the environmental impact assessment of the projects that are required for their implementation, where appropriate.

2. The environmental sustainability report of the urbanisation action planning instruments shall include a natural hazard map of the area under management.

3. At the time of consultation on instruments for the management of urbanisation, at least the following reports shall be obtained where they are mandatory and have not already been issued and incorporated into the file or are to be issued in a Subsequent stage of the procedure in accordance with its regulatory legislation:

a) The hydrological administration on the existence of water resources necessary to meet the new demands and on the protection of the hydraulic public domain.

(b) The Coast Administration on the unlinde and the protection of the maritime-terrestrial public domain, if any.

(c) Those of the competent authorities in the field of roads and other infrastructure concerned, concerning the condition and the impact of the action on the service capacity of such infrastructures.

The reports referred to in this paragraph shall be decisive for the content of the environmental memory, which may only be expressly disallowed from them.

4. The documentation of the instruments for the management of urban transformation actions shall include a report or memory of economic sustainability, in which the impact of the action on the farms shall be weighted in particular. Public affected by the implementation and maintenance of the necessary infrastructure or the implementation and delivery of the resulting services, as well as the sufficiency and adequacy of the soil for productive uses.

5. The planning and implementation of the actions on the urban environment, whether or not they are urban transformation, will require the elaboration of a memory that will ensure its economic viability, in terms of profitability, of adequacy to the limits of the duty legal conservation and an appropriate balance between the benefits and the burdens arising therefrom, for the owners included in their scope of action, and shall contain at least the following elements:

(a) A comparative study of the existing urban parameters and, where appropriate, those proposed, with the identification of the basic urban determinations relating to buildability, uses and building typologies and networks public that should be modified. The memory will analyse, in particular, the modifications to increase of buildability or density, or the introduction of new uses, as well as the possible use of the soil, flight and subsoil in a differentiated way, to achieve a greater approach to the economic equilibrium, the profitability of the operation and the failure to exceed the limits of the legal duty of conservation.

(b) Basic economic determinations concerning the impact values of each proposed urban use, estimate of the amount of investment, including both direct and indirect public aid, and corresponding compensation, as well as the identification of the subject or persons responsible for the obligation to pay for public networks.

c) The investment analysis that can attract the performance and the justification that it is capable of generating sufficient income to finance most of the cost of the proposed physical transformation, guaranteeing the the lowest possible impact on the personal property of individuals, measured in any case, within the limits of the legal duty of conservation.

The analysis referred to in the preceding paragraph shall include, where appropriate, the possible participation of rehabilitation companies or providers of energy services, water supply, or telecommunications, when they assume the commitment to be integrated in the management, through the financing of part of the management, or of the infrastructure network that is responsible for them, as well as the financing of the operation by means of savings that are depreciable over time.

(d) The time horizon which, where appropriate, is necessary to ensure the depreciation of investments and the financing of the operation.

e) The assessment of the public capacity needed to ensure the financing and maintenance of public networks to be financed by the Administration, as well as its impact on the relevant Haciendas Public.

6. The competent authorities in the field of urban planning and implementation shall be required to raise the appropriate body of their governing bodies, with the minimum periodicity laid down by the legislation in the field, of a report of monitoring of the urban implementation activity of its competence, which shall at least consider the environmental and economic sustainability referred to in this Article.

The municipalities shall be bound by the report referred to in the preceding paragraph where the legislation in question provides for it and, at least, when they are required to have a Local Government Board.

The report referred to in the preceding paragraphs may have the own effects of the monitoring referred to in the legislation for the assessment of the effects of certain plans and programmes on the environment, when it meets all the requirements in it.

7. Territorial and urban planning legislation will establish in which cases the impact of a development action requires the full exercise of the authority of the municipality or of the higher territorial area in which it is integrated, To transcend the concrete scope of the action the significant effects that it generates in the environment.

CHAPTER II

Common procedural rules and civil rules

Article 23. Profit and load distribution operations.

1. The approval of the instruments for the distribution of benefits and charges produces the effect of the subrogation of the farms of origin for the results and the distribution of their ownership among the owners, the promoter of the performance, when is paid by the award of parcels included in it, and the Administration, to whom the full charge-free domain of the land referred to in Article 18 (1) (a) and (b) is concerned. In this case, if the distribution of benefits and charges between the owners affected by the action is appropriate, the owner of the ground in question shall be understood to provide both the surface of his or her scraper and that of the subsoil, or flight which he/she the is segregated.

2. In the case of actual subrogation, if there are real rights or charges which are deemed incompatible with urban planning, the agreement approving the distribution of benefits and charges shall declare its extinction and fix the compensation. corresponding to the respective owner.

3. There was real subrogation and compatibility with the urban planning, if the situation and characteristics of the new farm were incompatible with the subsistence of the real rights or burdens that would have to be borne on them, the people that these rights or charges may be granted for processing into a credit claim with a mortgage guarantee on the new farm, in the amount in which the charge is valued.

The registrar of the property that appreciates such incompatibility will record it in the respective seat. By default of agreement between the parties concerned, any of them may go to the competent court of civil order to obtain a declaration of compatibility or incompatibility and, in the latter case, to fix the assessment of the the burden and the constitution of the said mortgage guarantee.

4. Where the actual subrogation does not take place, the approval agreement for the distribution of benefits and charges will result in the extinction of the real rights and charges constituted on the estate provided, running in charge of the owner who provided the compensation, the amount of which shall be fixed in the said agreement.

5. By way of derogation from paragraphs 2 and 4, the compensation for the extinction of pre-dials or lease rights which are incompatible with the urban planning instrument or its implementation shall be regarded as expenditure on urbanisation. in the corresponding profit and load distribution instrument.

6. Once the final approval agreement for the distribution of benefits and charges is signed on an administrative basis, it will be entered in the Register of Property in the form set out in Article 68.

7. The transfer of land to the distribution of profits and charges for the contribution of the owners included in the action of urban transformation, or by virtue of compulsory expropriation, and the awards to the owners in proportion to the land provided by them, will be exempt, on a permanent basis, if they meet all the urban requirements, of the Tax on Inheritance Transmissions and Documented Legal Acts, and not have the consideration of domain transmissions for the purposes of the Tax on the Increase in the Value of Urban Nature's Land.

When the value of the parcels awarded to an owner exceeds that which corresponds to the land provided by the owner, the excess amounts shall be rotated.

Article 24. Specific rules for actions on the urban environment.

1. The actions on the urban environment that imply the need to alter the urban planning in force, will observe the procedural procedures required by the applicable legislation to make the corresponding modification. However, such legislation may provide for certain programmes or other management instruments to be adopted at the same time as, or independently of, the amendment of the procedures for the approval of the rules. regulations, with the same effects as the planning plans themselves would have. In any event, they shall incorporate the economic sustainability report or report referred to in Article 22 (5).

Actions that do not require the alteration of the existing urban planning, will require the delimitation and approval of a field of joint action, which may be continuous or discontinuous, or the identification of the performance This is the case for a proposal from the subjects referred to in Article 8, and at the choice of the City Council.

2. The administrative arrangement by which the areas of joint action are defined or the actions to be implemented in isolation shall be authorised, shall ensure, in any event, that the notifications required by the legislation are carried out. applicable and the processing of information to the public where it is mandatory, containing, in addition and at least, the following:

(a) Advance of the balance that is necessary, understanding the distribution, among all the parties concerned, of the costs resulting from the execution of the corresponding performance and the profits attributable to it, including public aid and all aid to generate some kind of income linked to the operation.

The balance will be based on the participation fees that correspond to each of the owners in the community of owners or in the group of owners ' communities, in the housing cooperatives that they may be constituted for the purpose, as well as the participation which, where appropriate, corresponds to the agreement to which it has been reached, to the undertakings, entities or companies involved in the operation, in order to give back their action.

b) The temporary and final realojo plan, and return to what, if any, of the place.

3. The spatial delimitation of the scope of action, whether joint or isolated, once signed on an administrative basis, marks the beginning of the actions to be carried out, in accordance with the way in which the current administration has chosen.

4. It shall be possible to occupy the areas of free space or public domain which are indispensable for the installation of lifts or other elements which ensure universal accessibility, as well as the common areas for private use, Such as vestibule, rest, overlaid, overlying and supportable, whether located on the ground or on the ground or in the flight, where it is not feasible, technically or economically, for any other solution and provided that the functionality of the free spaces, endowments and other elements of the public domain.

Urban planning instruments shall ensure the application of the basic rule set out in the preceding paragraph, either by allowing those surfaces not to compute for the purpose of the buildable volume, or of distances minima to linderings, other buildings or to the public road or alignments, either by applying any other technique which, in accordance with applicable law, achieves the same purpose.

Likewise, the firm agreement on administrative basis referred to in paragraph 2, in addition to the effects provided for in Article 42.3, legitimizes the occupation of the areas of free or public domain which are of Municipal ownership, being the definitive approval cause sufficient to establish a transfer of use of the flight for the time in which the building is maintained or, where appropriate, its recalification and disaffection, with alienation after the community or corresponding owner community pool. Where public domain property belonging to other administrations is required, the Councils may request the holder to use or disaffect them, which shall, where appropriate, proceed in accordance with the provisions of the provisions of this Regulation. in the relevant legislation of the relevant good.

5. The provisions of the above paragraph shall also apply to spaces requiring the performance of works which are to reduce at least 30% the annual energy demand for heating or cooling of the building and which consist of:

a) the installation of thermal insulation or facades ventilated by the exterior of the building, or the closing or glazing of the terraces already covered.

b) the installation of bioclimatic devices attached to the facades or covers.

(c) the construction of the works and the establishment of the necessary facilities for the centralisation or allocation of common energy installations and solar collectors or other renewable energy sources, on the facades or covered when they achieve to reduce the annual non-renewable primary energy consumption of the building by at least 30%.

d) The construction of works in common areas or housing that will reduce, at least, by 30 percent, the consumption of water in the whole of the building.

6. Where the actions referred to in the preceding paragraphs concern buildings declared to be of cultural interest or subject to any other protection regime, innovative solutions shall be sought to make the adaptations necessary. to improve energy efficiency and ensure accessibility, without prejudice to the necessary preservation of the values to be protected. In any event, they shall be notified favourably, or authorised, where appropriate, by the competent authority for the management of the applicable protection scheme, in accordance with their own rules.

Article 25. Advertising and effectiveness in urban public management.

1. All the instruments of spatial planning and planning and urban planning, including the distribution of benefits and burdens, as well as the agreements with which they are to be signed by the competent administration, must be subject to the processing of public information in the terms and by the time limit laid down by the legislation in the field, which may never be less than the minimum required by the legislation on common administrative procedure, and must be published in the form and with content that determines the laws.

2. The final approval agreements for all land and urban planning instruments will be published in the relevant "Official Gazette". With regard to the rules and ordinances contained in such instruments, the provisions of the applicable legislation shall be provided.

3. In the procedures for the approval or alteration of urban planning instruments, the documentation exposed to the public shall include an executive summary of the following extremes:

a) Delimitation of the areas in which the projected planning alters the current, with a plane of its situation, and scope of such alteration.

(b) Where appropriate, the areas in which the planning or procedures for implementation or urban intervention are suspended and the duration of such suspension.

4. The competent public authorities shall promote the telematic publicity of the content of the instruments of territorial and urban planning in force, as well as of the announcement of their submission to public information.

5. Where urban legislation opens to individuals the initiative of the procedures for the approval of planning or urban planning instruments, failure to comply with the duty to resolve within the prescribed maximum period shall give rise to compensation to the persons concerned for the amount of the expenditure incurred for the submission of their applications, except in cases where they are to be deemed to have been approved or resolved favourably by administrative silence in accordance with the applicable legislation.

6. Urban planning instruments whose approval procedure is initiated on their own initiative by the competent authority for their instruction, but whose final approval is to be carried out by a body of another administration, shall be read definitively approved within the time limit laid down by the planning legislation.

7. In any case, the processing of land and urban planning instruments must ensure that the public authorities whose powers could be affected are subject to the hearing procedure.

Article 26. Formation of farms and plots, relationship between them and real estate complexes.

1. Constitutes:

(a) Finca: the unit of soil or building attributed exclusively and exclusively to an owner or several in prodiviviso, which may be located in the scraper, in the flight or in the subsoil. When, according to the mortgage legislation, you can open a portfolio in the Land Registry, you have the registration.

b) Parcela: the unit of soil, both in the scraper and in the flight or subsoil, which has attributed buildability and use or only independent urban use.

2. The division or segregation of an estate to give rise to two or more different ones is only possible if each of the results meets the characteristics required by applicable law and spatial and urban planning. This rule is also applicable to the disposal, without division or segregation, of the undivided units to which the right of exclusive use of the portion or specific portions of the farm is attributed, as well as to the formation of associations or companies in which the quality of the partner incorporates that right of exclusive use.

In the authorization of scripts of segregation or division of farms, the notaries will require, for their testimony, the documentary accreditation of the conformity, approval or administrative authorization to be subject, if appropriate, to the division or segregation under the law applicable to it. Compliance with this requirement will be required by registrars to practice corresponding enrollment.

The notaries and registrars of the property shall record in the description of the farms, if any, their quality of indivisibles.

3. The administrative act which legitimizes the building of an indivisible parcel, by exhaustion of the buildability permitted in it or by being the remaining area below the minimum plot, shall be communicated to the Land Registry for its constancy in the inscription of the farm.

4. The formation of a farm or a property on a horizontal or real estate property allows to consider its total area as a single plot, provided that within the perimeter of the property there is no surface that, according to the territorial and urban planning applicable, must have the status of a public domain, be of public use or serve as a support for the development works or may be computed for the purposes of compliance with the legal duty referred to in point (a) of Article 18 (1).

The real estate complex may be constituted on a single farm or on several, without need of prior grouping, provided that they are adjacent to each other or are only separated by soils that, according to the territorial and urban planning, must have the condition of public domain, be of public use, serve to support the works of urbanization, or to be computable to the effects of the fulfillment of the duty to give to the Administration the reserved ground for road, free spaces, green areas and other public endowments included in the own action or attached to it for procurement.

5. Where urban planning instruments are intended to cover overlapping areas, in the scraper and subsoil or in the flight, in the building or in private use and in the public domain, a housing complex of an urban nature shall be established. These will have the character of special properties of private attribution, prior to the disaffection and with the limitations and easements that come for the protection of the public domain. Such farms may be constituted, both by buildings already made, and by unbuilt soils, provided that their physical configuration is adjusted to the parcel system provided for in the sorting instrument.

6. The constitution and modification of the private real estate complex, of the type of those regulated as special property regimes, by article 24 of Law 49/1960, of July 21, on the Horizontal Property, must be authorized by the Competent administration where the farm or property on which such a scheme is constituted, being a requirement for registration, which is accompanied by the administrative authorization granted or the evidence notarial of the same.

That authority will not be required in the following assumptions:

(a) When the number and characteristics of the proprietary elements resulting from the real estate complex are those resulting from the license of works that authorizes the construction of the buildings that integrate the building.

b) When the modification of the complex does not cause an increase in the number of its proprietary elements.

For the purposes set out in this number, it is considered a real estate complex any regime of unitary organization of the real estate in which private elements are distinguished, subject to exclusive ownership, and common elements, the ownership of which corresponds, on an instrumental basis and by percentage shares, to those who hold the private elements at any time.

Article 27. Transmission of estates and urban planning duties.

1. The transmission of farms does not change the situation of the owner in relation to the duties of the owner under this law and those established by the legislation of the territorial and urban planning applicable or enforceable by the acts of execution of the same. The new holder is subrogated to the rights and duties of the former owner, as well as to the obligations of the former owner vis-à-vis the competent administration and which have been the subject of registration, provided that such obligations are refer to a possible legal-real mutation effect.

2. In the case of land, it must be stated in the relevant title:

(a) The urban situation of the land, where they are not susceptible to private use or construction, have out-of-order buildings or are intended for the construction of dwellings subject to any of the public protection to assess their maximum selling price, rent or other forms of access to housing.

(b) The legal duties and obligations to be fulfilled, where the land is subject to one of the actions referred to in Article 7 (1).

3. Infringement of any of the provisions of the previous paragraph entitles the acquirer to terminate the contract within four years and require the compensation to be provided in accordance with civil law.

4. With the authorization of public writings affecting the ownership of farms or parcels, notaries may request from the competent Public Administration telematic information or, in their absence, a cedula or express written report of their urban situation and the duties and obligations to which they are affected. The notaries shall send to the competent authority, for their due knowledge, a simple copy on paper or in digital support of the scriptures for which they have requested and obtained urban information, within ten days of their grant. This copy shall not be charged.

5. The titles for which land is transferred to the Administration must be specified, for the purposes of their registration in the Register of Property, the demanial or patrimonial character of the property and, where appropriate, its incorporation into the public patrimony of soil.

Article 28. New work declaration.

1. In order to authorize written new works declaration, the notaries shall require, for their testimony, the contribution of the act of conformity, approval or administrative authorization required by the work according to the law of order territorial and urban planning, as well as certification issued by competent and accredited technician of the adjustment of the description of the work to the project that has been the subject of such administrative act.

With new work declaration scripts completed, they shall require, in addition to the certification issued by competent technical proof of completion of the certificate in accordance with the project description, the documents that accredit the following ends:

(a) compliance with all requirements imposed by the building regulatory legislation for the delivery of this to its users and

b) the granting of the necessary administrative authorizations to ensure that the building meets the necessary conditions for its intended use in the applicable urban planning and the requirements of energy efficiency as required by the current legislation, unless urban legislation subject such actions to a prior communication or responsible declaration regime, in which case those authorisations will be replaced by documents proving that the communication has been carried out and that the the time limit set so that the relevant activity can be initiated, without the existence of any obstative resolution being found by the Land Registry.

2. To practice the corresponding entries in the new work declaration writes, the Property Registrars shall require compliance with the requirements set out in the previous paragraph.

3. In those cases where the description of the finished work does not coincide with the description in the Land Registry, because there have been modifications in the project, the record of the completion of the work will be produced by a registration seat, the extension of which shall be subject to the provisions of paragraph 1 in relation to the requirements for the registration of new works completed.

4. By way of derogation from the previous paragraph, in the case of buildings, buildings and installations in respect of which measures for the restoration of urban lawfulness involving its demolition no longer need to be adopted, after the corresponding limitation periods, the record of the completion of the work shall be governed by the following procedure:

(a) The deeds of the new work declaration which are accompanied by a certificate issued by the City Council or by competent technician, the description of the estate or the description of the estate, or the descriptive and graphic cadastral certification of the farm, in which the completion of the work on a given date is recorded and its description coincident with the title. For such purposes, the Registrar shall check the non-existence of a preventive entry for the opening of a case of urban planning on the farm which is the object of the construction, construction and installation concerned and which the ground has no character demanial or is affected by general public use easements.

(b) The Registrar of the Property shall give the respective Town Hall of the entries made in the cases covered by the preceding numbers, and shall record in the registration, in the note of dispatch, and in the formal advertising, which they issue, the practice of such notification.

(c) Where the new work has been entered without a certificate issued by the relevant City Council, the City Council shall, upon receipt of the information referred to in the preceding subparagraph, be obliged to make the necessary decision. to record in the Registry of the Property, by note to the margin of the registration of the new work declaration, the concrete urban situation of the same, with the delimitation of its contents and express indication of the limitations that impose on the owner.

The failure of the resolution to agree to the practice of the said marginal note will give rise to the responsibility of the competent administration in the event of economic damage to the purchaser in good faith. of the estate affected by the file. In such a case, the said Administration shall indemnify the purchaser in good faith with the damage caused.

TITLE III

The Building Assessment Report

Article 29. The Building Assessment Report.

1. The owners of buildings located in buildings with residential typology of collective housing may be required by the competent administration, in accordance with the provisions of the following article, to accredit the situation in Those, at least in relation to the state of conservation of the building and compliance with the current regulations on universal accessibility, as well as on the degree of energy efficiency of the building.

2. The Assessment Report, which determines the extremes referred to in the previous paragraph, shall identify the immovable property, with the expression of its cadastral reference and shall contain, in detail:

a) The assessment of the conservation status of the building.

b) The assessment of the basic conditions of universal accessibility and non-discrimination of persons with disabilities for the access and use of the building, in accordance with the current regulations, establishing whether the building is whether or not to make reasonable adjustments to satisfy them.

c) The certification of the building's energy efficiency, with the content and through the procedure established for the same by the current regulations.

When, in accordance with the regional or regional regulations, there is a Technical Inspection Report that already allows the evaluation of the extremes referred to in points (a) and (b) above, it can be complemented by the certification referred to in point (c), and shall have the same effects as the report covered by this law. In addition, where it contains all the elements required in accordance with that legislation, it may have the effects thereof, both as regards the possible need for the remedy to be remedied, and in respect of the (i) the possible implementation of the same in substitution and at the expense of the obliged, irrespective of the application of the disciplinary and sanctioning measures that they have taken, in accordance with the provisions of the applicable urban legislation.

3. The Assessment Report carried out by the community or group of community owners that refer to the whole of a building or real estate complex will extend its effectiveness to each and every one of the premises and houses. existing.

4. The Evaluation Report will be at least ten years old, with the possibility of establishing the Autonomous Communities and the Aymás a lesser periodicity.

5. Failure to comply with the obligation to complete the assessment report under this Article and the second transitional provision shall be considered to be an urban infringement, with the character and consequences attributed to it. urban regulations applicable to non-compliance with the obligation to provide for the technical inspection report on buildings or equivalent, within the time limit expressly laid down.

6. Owners of buildings required to carry out the report covered by this Article shall send a copy of the report to the body to be determined by the Autonomous Community so that the information is part of an integrated register. only. The same rule shall apply in relation to the report certifying the performance of the works concerned, in cases where the assessment report includes the one corresponding to the technical inspection, in accordance with the terms laid down in the the last subparagraph of paragraph 2, and provided that the latter derives from the need to remedy the deficiencies observed in the building.

Article 30. Training to subscribe to the Building Assessment Report.

1. The Report of the Assessment of Buildings may be signed by the competent technicians and, where appropriate, the registered inspection entities which may exist in the Autonomous Communities, provided that they have those technicians. For such purposes it is considered to be an optional competent technician who is in possession of any of the academic qualifications and enabling professionals for the drafting of projects or management of works and management of works of building, as laid down in Law 38/1999 of 5 November, on the Management of Building, or has accredited the qualification necessary for the implementation of the Report, as set out in the final provision first.

Such technicians, where they consider it necessary, may, in relation to the aspects relating to universal accessibility, be able to obtain the expert criterion of entities and associations of persons with disabilities who have a (a) accredited career paths in the territorial area concerned and the promotion of such accessibility between their social aims.

2. In the case of buildings belonging to the Public Administrations listed in Article 2 of Law 30/1992, of 26 November, of a Legal Regime of Public Administrations and of the Common Administrative Procedure, they may subscribe the Assessment Reports, where appropriate, those responsible for the relevant technical services which, due to their professional training, may assume the same functions as referred to in the previous paragraph.

3. The deficiencies observed in relation to the assessment of the provisions of Article 29.2 shall be justified in the Report under the criterion and the responsibility of the competent technician who subscribes to it.

TITLE IV

Interadministrative Cooperation and Collaboration

Article 31. Interadministrative cooperation.

1. They will be able to benefit from the cooperation and economic cooperation of the General Administration of the State, in any of the legally provided forms and taking precedence in existing state aid, the actions with coverage in the corresponding state plans that have as their object:

a) Conservation, building rehabilitation and urban regeneration and regeneration as defined in this law and are conceived in the corresponding State Plans.

(b) The elaboration and approval of the instruments necessary for the management and management of the actions covered by this law, and in particular those that aim to act on degraded urban areas, Disadvantaged and vulnerable or suffering from problems of a similar nature that combine economic, environmental and social variables.

c) Those other actions which, irrespective of the provisions of the preceding subparagraph, are intended to act in areas of isolated or joint management, with the aim of eliminating the infrastructure, ensuring accessibility or improve the energy efficiency of buildings.

2. Public administrations will jointly promote economic activity, environmental sustainability and social and territorial cohesion. For such purposes, they may subscribe to the inter-administrative arrangements for allocating funds.

Article 32. Organisation of cooperation.

1. Public administrations that cooperate in the management of the actions governed by this law may agree by convention, in which the communities and groups of communities of owners may participate, as well as, where appropriate, the administrative associations of each other and the other subjects referred to in Article 9.4, the following aspects:

(a) The organisation of the management of the execution, which may take the form of a consortium or a mixed-capital commercial company, even with minority private participation.

(b) The procedure and the competence for the determination of the manager directly responsible for the execution where it is not directly assumed by one of the acting Administrations or the consortium or the company incorporated in the effect.

(c) The specific terms and conditions, including public aid and incentives, for the management and implementation of the action in question, which may in turn be implemented by means of agreements between the manager responsible for the action and any of the subjects referred to in Article 9.

2. All the conventions referred to in the preceding paragraph shall be of a legal and administrative nature, with the knowledge of any issues relating to them being the subject of the administrative-administrative jurisdiction.

Article 33. Conventions for the financing of actions.

1. The public authorities acting, the officials responsible for the management and implementation of actions for the construction and regeneration and urban renewal and the other subjects referred to in Article 9.4 may conclude with each other, for the purpose of facilitating the management and implementation of the following contracts, inter alia:

(a) Contract of disposal, with the right to lease or grant the right of exploitation to third parties, of urban estates or of elements of them for a given time in exchange for the deferred payment of the part of the cost that This is the case for the owners of the farms.

b) Contract of permuse or cession of land or part of the building subject to rehabilitation for certain future construction.

(c) Contract for the lease or transfer of use of premises, housing or any other element of a term building determined in exchange for payment by the tenant or transferee of payment of all or any of the following: taxes, fees, community fees or the pooling of communities of owners or of the cooperative, conservation and rehabilitation and urban regeneration and renovation works.

(d) Convention for the joint exploitation of the building or parts thereof.

2. In the case of housing cooperatives, the contracts referred to in points (a) and (c) of the preceding paragraph shall only reach the commercial premises and the facilities and buildings which are complementary to their property, such as: establishes its specific legislation.

TITLE V

Valuations

Article 34. Scope of the rating regime.

1. Soil assessments, facilities, buildings and buildings, and the rights constituted on or in relation to them, are governed by the provisions of this Law when they are intended to:

(a) The verification of the profit-sharing and burden-sharing operations or other necessary for the execution of the territorial and urban planning in which the valuation determines the wealth content of the faculties or duties own right of ownership, in default of agreement among all affected subjects.

(b) The fixing of the Justipricing in the expropriation, whatever the purpose of the expropriation and the legislation that motivates it.

c) Pricing to pay the owner on the forced sale or replacement.

d) The determination of the public administration's responsibility.

2. The assessments are referred to:

(a) In the case of the operations referred to in point (a) of the preceding paragraph, the date of initiation of the procedure for approval of the instrument to motivate them.

(b) Where the compulsory expropriation is applied, at the time of initiation of the individual case-price case or of exposure to the public of the expropriation project if the joint assessment procedure is followed.

(c) In the case of forced sale or replacement, at the time of the initiation of the procedure for the declaration of non-compliance with the obligation to give it.

(d) Where the valuation is necessary for the purposes of determining the liability for the liability of the Public Administration, at the time of the entry into force of the provision or the commencement of the effectiveness of the act causing the injury.

Article 35. General criteria for the valuation of buildings.

1. The value of the soil corresponds to its full domain, free of all charge, lien or limited right of the property.

2. The soil shall be assessed in the form set out in the following Articles, depending on their situation and regardless of the cause of the assessment and the legal instrument to motivate it.

This criterion will also apply to soils for public infrastructure and services of general interest, whether they are intended for spatial planning and urban planning as well as for new creation, the assessment of which shall be determined in accordance with the basic situation of the grounds on which they are situated or by which they operate in accordance with the provisions of this law.

3. Buildings, buildings and installations, crops and plantations in the rural soil shall be assessed regardless of the grounds provided that they are consistent with the lawfulness of the assessment, are compatible with the use or Performance considered in the assessment of the soil and have not been taken into account in this assessment because of its permanent improvement character.

In urbanised soil, buildings, buildings and installations that comply with the legality shall be assessed jointly with the soil in the manner provided for in Article 37 (2).

It is understood that the buildings, constructions and installations are in accordance with the legality at the time of their assessment when they were carried out in accordance with the planning and the administrative act legitimizing that require, or have been subsequently legalized in accordance with the provisions of the legislation.

The valuation of buildings or buildings will take into account their age and their conservation status. If the situation is out of order, its value will be reduced in proportion to the elapsed time of its useful life.

4. The valuation of the administrative concessions and of the actual property rights, for the purposes of their constitution, modification or extinction, shall be made in accordance with the provisions on expropriation which specifically determine the (a) the costs of the application; and (ii) the application of the rules of administrative, civil or tax law.

When expropriating a property taxed with charges, the Administration that performs it may choose between fixing the justicpricing of each of the rights that are present with the domain, to distribute it among the owners of each of them, or to assess the property as a whole and to record its amount held by the court, so that it establishes and distributes, in the event of the incidents, the proportion corresponding to the respective persons concerned.

Article 36. Assessment of rural land.

1. When the soil is rural for the purposes of this law and in accordance with the provisions of the Additional Provision Seventh:

(a) Land shall be assessed by the capitalisation of the actual or potential annual income, whichever is higher, of the holding according to its status at the time the valuation is to be understood.

The potential income shall be calculated on the basis of the performance of the use, enjoyment or exploitation of the land subject to the applicable legislation, using the normal technical means for its production. It shall include, where appropriate, grants which, on a stable basis, are granted to crops and uses considered for their calculation and the costs necessary for the holding concerned shall be deducted.

The value of the rural soil thus obtained may be corrected upwards according to objective factors of localization, such as accessibility to population centers or to economic activity centers or location in singular environments. environmental or landscape value, the application and weighting of which shall be justified in the relevant assessment dossier, all in terms of the terms that are regulated.

(b) Buildings, buildings and installations, when they are to be assessed independently of the soil, shall be assessed by the method of replacement cost according to their state and age at the time to be understood by the assessment.

(c) Pre-existing plantings and crops, as well as compensation for rustic leases or other rights, shall be assessed in accordance with the criteria of the Laws of Compulsory Expropriation and Leases Rustic.

2. None of the cases provided for in the previous paragraph may be considered to be expectations arising from the allocation of buildings and uses for spatial or urban planning which have not yet been fully realised.

Article 37. Assessment in the urbanised soil.

1. For the valuation of the urbanized land that is not built, or in which the existing or ongoing building is illegal or is in a situation of physical ruin:

(a) The use and buildability of reference shall be considered to be attributed to the plot by the urban planning, including in the case of housing subject to any protection regime that allows the maximum price to be assessed for sale or rent.

If the land has no assigned buildability or private use for urban planning, it will be attributed the average buildability and the majority use in the homogeneous space field in which by uses and typologies the urbanistics has included them.

(b) The value of the soil impact according to the corresponding use, determined by the static residual method, shall be applied to that buildability.

(c) The amount resulting from the preceding letter shall, where appropriate, be deducted from the value of the outstanding duties and charges in order to be able to perform the intended buildability.

2. In the case of built-up or in-building land, the value of the valuation shall be the higher of the following:

(a) The determined by the joint appraisal of the ground and the existing building that is in conformity with the legality, by the method of comparison, applied exclusively to the uses of the existing building or the construction already performed.

b) The determined by the residual method of paragraph 1 of this article, applied exclusively to the soil, without consideration of the existing building or the construction already performed.

3. In the case of urbanised land subject to action for the reform or renewal of urbanisation, the residual method referred to in the preceding paragraphs shall consider the uses and buildings attributed by the management in its situation of source.

Article 38. Compensation for the ability to participate in new urbanization activities.

1. The power to participate in the implementation of a new urbanization performance shall be assessed when the following requirements are met:

(a) that the land has been included in the delimitation of the scope of the action and the requirements are met to initiate it or to expropriate the corresponding soil, in accordance with the legislation in the field.

(b) The provision, act or event that motivates the assessment prevents the exercise of that power or alters the conditions of its exercise by modifying the uses of the soil or reducing its buildability.

(c) The provision, act or fact referred to in the preceding subparagraph shall have effect before the commencement of the performance and the expiry of the time limits laid down for that financial year, or thereafter if the performance is not carried out by causes imputable to the Administration.

d) That the assessment does not bring about the failure of the duties inherent in the exercise of the faculty.

2. The compensation for preventing the exercise of the right to participate in the performance or to alter its conditions will be the result of applying the same percentage as determined by the legislation on spatial and urban planning for the the participation of the community in the capital gains in accordance with the provisions of Article 18 (1) (b) of this law:

(a) The difference between the value of the ground in its origin situation and the value that would correspond to it if the performance is completed, when the exercise of this power is prevented.

(b) To the decrease caused by the value that would correspond to the soil if the performance was completed, when the conditions of exercise of the faculty are altered.

Article 39. Compensation for the initiative and the promotion of urbanization or construction actions.

1. Where they become useless for those who have incurred them for the purpose of the provision, the act or the fact which motivates the valuation, the following costs and costs shall be assessed for their amount increased by the risk-free rate and the premium risk:

(a) Those involved in the preparation of the project or technical projects of the instruments of management and implementation which, in accordance with the legislation of spatial and urban planning, are necessary for legitimize a performance of urbanization, construction, or conservation or rehabilitation of the building.

(b) Those of the works undertaken and the funding, management and promotion necessary for the performance of the performance.

c) Compensation paid.

2. Once initiated, the urbanization actions shall be assessed in the manner provided for in the previous paragraph or in proportion to the degree achieved in their implementation, whichever is higher, provided that such implementation is carried out in accordance with the instruments which legitimise it and the time limits laid down in them have not been breached. To do this, the degree of execution will be assigned a value between 0 and 1, which will be multiplied:

(a) By the difference between the value of the ground in its situation of origin and the value that would correspond to it if the performance were completed, when the disposition, act or event that motivates the valuation prevents its termination.

(b) By means of the value that would correspond to the ground if the performance is completed, when only the conditions of its execution are altered, without preventing its termination.

The compensation obtained by the method set out in this paragraph shall never be lower than the one set out in the previous article and shall be distributed proportionally among the adjudicators of parcels resulting from the performance.

3. Where the promoter of the performance is not remunerated by the award of the resulting parcels, his compensation shall be deducted from that of the owners and shall be calculated by applying the risk-free rate and the risk premium to the part of the receive the remuneration that you have established.

4. Land owners who are not in compliance with their duties and obligations shall be compensated for the costs and costs referred to in paragraph 1, which shall be assessed in the amount actually incurred.

Article 40. Soil assessment on the basis of balance of benefits and charges.

1. Where, in the absence of agreement between all the subjects concerned, the floor contributions of the owners involved in a performance of urbanisation in the exercise of the power laid down in Article 2 (2) (c) are to be assessed. 13, in order to weigh them against each other or with the contributions of the sponsor or the administration, for the purposes of the distribution of the profits and charges and the allocation of the resulting parcels, the land shall be assessed for the value which it would correspond to if it were finished the performance.

2. In the case of owners who are unable to participate in the award of parcels resulting from an urbanization performance because of the inadequacy of their contribution, the land will be assessed for the value that would correspond to it if it were completed the performance, discounted the corresponding urbanization costs increased by the risk-free rate and the risk premium.

Article 41. Valuation regime.

The valuation is done, in all the undisposed of this law:

(a) In accordance with the criteria to be determined by the laws of spatial and urban planning, when it is intended to verify the precise operations for the implementation of urban planning and, in particular, the distribution of the benefits and the burdens derived from it.

(b) In accordance with the criteria of the general legislation of forced expropriation and liability of the Public Administrations, as appropriate, in the remaining cases.

TITLE VI

Forced expropriation and patrimonial liability

Article 42. Regime of expropriations by reason of spatial and urban planning.

1. Expropriation by reason of territorial and urban planning can be applied for the purposes provided for in the regulatory legislation of such ordination, in accordance with the provisions of this law and the Law on Compulsory Expropriation.

2. The approval of the instruments of territorial and urban planning to be determined by its regulatory legislation shall entail the declaration of public utility and the need for the occupation of the goods and the corresponding rights, where such instruments enable them to be executed and must be produced by expropriation.

This declaration will be extended to the precise grounds to connect the urbanization performance with the general services networks, when they are needed.

3. The spatial delimitation of an area for the performance of actions on the urban environment, whether joint or isolated, once signed on an administrative basis, involves the declaration of public utility or, where appropriate, the social interest, for the purposes of the application of the compulsory expropriation, sale and replacement of the goods and rights necessary for their execution, and their subjection to the rights of tanteo and retraction in favour of the Acting Administration, in addition to those other than expressly referred to in the provisions of the applicable legislation.

4. Where, on the surface of expropriation, public domain property exists and the destination of the goods, according to the instrument of ordination, is different from the one that caused their affectation or attachment to the general use or the public services, shall, where appropriate, follow the procedure laid down in the relevant legislation for the demanial mutation or disaffection, as appropriate.

The rural roads which are located on the land subject to expropriation will be understood as municipal property, unless otherwise proved. In terms of the urban routes that will disappear, they will be fully understood to be transmitted to the Expropriating Body and subrogated by the new ones resulting from the urban planning.

5. Natural or legal persons who are subrogated in the faculties of the State, autonomous communities or local authorities for the execution of certain plans or works shall be considered to be beneficiaries of the expropriation.

Article 43. Justicpricing.

1. The Justipricing of expropriated goods and rights shall be determined in accordance with the criteria for the assessment of this law by means of an individual case or by the joint assessment procedure. If there is agreement with the expropriated, it may be satisfied in kind.

2. Notwithstanding the provisions of the previous paragraph, when the expropriation is applied in the management of the actions on the urban environment, the owner's consent shall not be required to pay the expropriation in kind, always it is carried out within the scope of the management itself and within the time limit set for the completion of the works concerned. Likewise, the release of the expropriation shall not be exceptional, and may be agreed at the discretion of the Acting Administration, when sufficient guarantees are provided, by the owner released, in relation to the compliance of the obligations that correspond to it.

3. The actions of the expropriatory file will be followed by those who appear as interested in the project of delimitation, drafted in accordance with the Law of Compulsory Expropriation or in legal form, to be the real owners of the goods or rights contrary to what the project says. In the joint assessment procedure, errors not reported and justified in the phase of public information shall not give rise to a declaration of invalidity or a replacement of proceedings, however, the persons concerned shall be entitled to be compensated in the form which corresponds.

4. When the payment of the price is paid, only cash shall be made, if, if not, to those concerned who provide the registration certificate in their favour, on the record that the note in Article 32 of the Mortgage Regulation or, in its absence, the evidence of its right, completed with negative certifications of the Land Registry referring to the same estate described in the titles. If there are loads, the holders must appear.

5. Where there are registered statements contrary to the reality, the Justicality may be paid to those who have rectified or distorted them by any of the means indicated in the mortgage legislation or with the act of notoriety dealt with. pursuant to Article 209 of the Notary Regulation.

Article 44. Occupation and registration in the Land Registry.

1. The act of occupation for each farm or affected by the expropriatory procedure shall be a registered title, provided that it incorporates its description, its identification according to the mortgage legislation, its cadastral reference and its representation graphic by means of a system of coordinates and accompanied by the payment or supporting act of the consignment of the corresponding price.

For the purposes of the preceding paragraph, the cadastral reference and the graphic representation may be replaced by a descriptive and graphic cadastral certification of the building in question.

The area covered by the action will be registered as one or several registered farms, without any obstacle to the lack of registration of any of these farms. On the affected farms and following the note referred to in the mortgage legislation on seats derived from forced expropriation procedures, another will be extended in which the expropriated portion will be identified if the action does not affect the entire estate.

2. If, in the course of the registration, there are reasonable doubts as to the existence, within the occupied area, of any land register not taken into account in the expropriatory procedure, that circumstance shall be brought to the attention of the Competent administration, without prejudice to the practice of registration.

3. The administrative acts of constitution, modification or forcible extinction of easements shall be entered in the Register of Property, in the form provided for the minutes of expropriation.

Article 45. Load-free acquisition.

1. After the expropriation file has been completed, and once the minutes of occupation have been lifted with the requirements laid down in the general legislation of forced expropriation, it will be understood that the administration has acquired, free of charge, the farm or farms included in the case.

The Administration will be maintained in the possession of the farms, once their right has been registered, without any real or inter-dictal action being brought against it.

2. If, after the completion of the file, after the minutes of occupation have been lifted and the estates or rights in favour of the Administration have been entered, third parties shall not be taken into account in the file, they may exercise any personal action they may be entitled to receive the Justiprice or the expropriatory indemnities and to discuss their amount.

3. In the event that, once the file has been fully completed, any of the previously registered farms or rights not taken into account, the expropriating administration, ex officio or at the request of an interested party or of the registrar itself, will appear, request from this one to practice the corresponding cancellation. The owners of such farms or rights must be compensated by the expropriating administration, which will formulate a supplementary file with the corresponding sheets of appreciation, processing according to the procedure that has been followed for the other farms, without prejudice to the possibility of such operators exercising any other type of action that may be appropriate to them.

4. If the Justiprice has been paid to the person who appears in the file as a registrant, the action of the third parties may not be directed against the expropriating Administration if they did not appear during the processing, in a working time.

Article 46. Modalities for the management of expropriation.

1. Local authorities may promote, for the management of expropriations, the associative modalities with other public or private administrations, in accordance with local and urban planning legislation.

2. For the best purpose of the purpose expressed in the previous paragraph, they may also entrust the exercise of the expropriation power to other public administrations.

3. The provisions of the foregoing paragraphs shall be without prejudice to the powers expressly granted by law to certain public authorities in the field of expropriation.

Article 47. Reversion and retasination assumptions.

1. If the use which prompted the expropriation of land under modification or revision of the territorial and urban planning instrument is altered, the reversal should be made unless one of the following circumstances is present:

(a) That the public endotational use that would have motivated the expropriation would have been effectively implemented and maintained for eight years, or that the new use assigned to the soil is equally public.

(b) There shall be expropriation for the formation or extension of a public land estate, provided that the new use is compatible with the purposes of the land.

c) Expropriation for the execution of an urbanization performance has occurred.

(d) There shall be expropriation for non-compliance with the duties or non-lifting of the charges of the regime applicable to the soil under this law.

e) Any of the remaining assumptions in which the reversal does not proceed in accordance with the Forced Expropriation Act.

2. In cases where the soil has been expropriated to execute an urbanization performance:

(a) The reversal should take place, when ten years have elapsed since the expropriation without the urbanization being completed.

(b) The challenge arises when the use or buildability of the land is altered, by virtue of an amendment to the territorial and urban planning instrument which is not carried out in the context of a new full exercise of the Authority of ordination, and this means an increase in its value according to the criteria applied in its expropriation.

The new value will be determined by applying the same valuation criteria to new uses and buildability. The difference between that value and the result of updating the price shall be the responsibility of the expropriated or its successors.

As not provided for in the preceding paragraph, the right to reversion shall apply to the right to reversion, including access to the Land Registry.

3. No reversal should be made where the land expropriated is segmented on its flight or subsoil, as provided for in Article 26 (5), provided that the public endowel is maintained for which one of the other land is expropriated or is to be used. circumstances provided for in the first paragraph.

Article 48. Compensation assumptions.

In any case, there is a right to compensation for any damage to property and rights resulting from the following assumptions:

(a) The alteration of the conditions of exercise of the execution of the urbanization, or of the conditions of participation of the owners in it, for change of the territorial or urban planning or the act or business of the the award of such an activity, provided that the time-limits for its development occur before the date of its development or, after such time, if the implementation has not been carried out for reasons attributable to the Administration.

Non-management situations caused by changes in spatial or urban planning shall not be indemnified, without prejudice to the fact that it may be impossible for them to use and lawfully enjoy the construction or The building incurs such a situation during its lifetime.

(b) Unique linkages and limitations that exceed legally established duties in respect of buildings and buildings, or carry with them a restriction of buildability or use that is not susceptible to equitable distribution.

c) The modification or extinction of the effectiveness of the enabling administrative titles of works and activities, determined by the overcome change of spatial or urban planning.

(d) The cancellation of the administrative titles enabling works and activities, as well as the unjustified delay in granting them and their improper refusal. In no case shall there be compensation if there is any serious negligence, guilt or negligence attributable to the injured party.

e) The occupation of land destined by spatial and urban planning to public endowments, for the period of time that it mediates from the occupation of the same to the definitive approval of the instrument by which award the owner others of equivalent value. The right to compensation shall be set out in the terms laid down in Article 112 of the Compulsory Expropriation Act.

Four years after the occupation without the final approval of the said instrument, the persons concerned may make the warning to the competent authority of their intention to initiate the the case file, with the power to initiate the file, by sending the relevant sheet of appreciation to the file, after six months after the warning.

TITLE VII

Social function of soil ownership and management

CHAPTER I

Forced Sale and Replacement

Article 49. Origin and scope of the forced sale or replacement.

1. Failure to comply with the duties set out in this law shall enable the Acting Administration to decree, ex officio or at the request of an interested party, and in any event, after hearing of the obligor, the subsidiary execution, the expropriation by non-compliance with the social function of the property, the application of the forced sale or replacement scheme or any other consequences arising from the legislation on spatial and urban planning.

2. The purpose of the forced substitution is to ensure compliance with the corresponding duty, by means of the imposition of its financial year, which may be carried out on a horizontal property basis with the current owner of the land, in the event of non-compliance. of the duties of building or conservation of buildings.

3. In the cases of expropriation, sale or forced substitution provided for in this Article, the content of the land ownership right may never be undermined by the legislation of territorial and urban planning in a percentage more than 50 percent of its value, corresponding to the difference to the Administration.

Article 50. Regime of forced sale or replacement.

1. The forced sale or replacement shall be initiated on its own initiative or at the request of an interested party and shall be awarded by means of advertising and competition.

2. Given the declaration of the non-compliance and agreed upon the application of the corresponding regime, the Acting Administration shall transmit to the Registry of the Property Certification of the act or acts corresponding to its constancy by note to the margin of the last domain enrollment. The situation of subsidiary execution, of expropriation for non-compliance with the social function of the property, the application of the regime of forced sale or replacement, or any other to which the corresponding building is subject, is record in the registered certificates to be issued.

3. Where the procedure determines the award by application of the forced sale or replacement, once the sale or replacement has been resolved, the Acting Administration shall issue a certificate of that award, which shall be a title in the Register of the Property, in which the conditions and deadlines for compliance with the duty to which the acquirer is obliged shall be recorded, as a resolutive of the acquisition.

CHAPTER II

Public Land Heritage

Article 51. Notion and purpose.

1. In order to regulate the land market, obtain land reserves for public initiative actions and facilitate the implementation of land and urban planning, the public assets of land, resources and resources are integrated into the public sector. rights acquired by the Administration under the duty referred to in Article 18 (1) (b), without prejudice to other rights as determined by the legislation on land and town planning.

2. The assets of public land assets constitute a separate asset and the income obtained by the disposal of the land in which it is made up or the replacement by money referred to in Article 18 (1) (b), shall be used for the conservation, administration and extension of the same, provided that only capital expenditure is financed and the legislation applicable to them is not infringed, or to the own uses of its destination.

Article 52. Target.

1. The goods and resources which necessarily make up public land holdings under the provisions of paragraph 1 of the preceding Article shall be intended for the construction of dwellings subject to any public protection scheme, except as provided for in Article 18.2 (a). They may also be used for other uses of social interest, in accordance with the provisions of the urban planning instruments, only where provided for in the legislation in the field, specifying the eligible purposes, which shall be urban, the protection or improvement of natural spaces or the real estate of cultural heritage, or of a socio-economic nature to meet the needs required by the integrated nature of urban regeneration operations.

2. Land acquired by an administration under the duty referred to in Article 18 (1) (b) which is intended for the construction of dwellings subject to any public protection scheme which allows the price to be priced the maximum sale, rental or other forms of access to the dwelling may not be awarded either in such transmission or in the successive ones, for a price exceeding the maximum value of the impact of the land on the type of housing in question, according to its regulatory legislation. This limitation shall be recorded in the administrative file and in the act or contract of disposal.

3. The limitations, obligations, deadlines or conditions of destination of the estates belonging to a public property of soil that are recorded in the enajenations of those farms are inscribable in the Registry of the Property, however Article 27 of the Mortgage Law and without prejudice to the fact that its non-compliance may result in the resolution of the disposal.

4. Access to the Land Registry of the limitations, obligations, deadlines or conditions referred to in the previous paragraph produces the following effects:

(a) Where they have been configured as a cause of resolution, the resolution shall be entered by virtue either of the consent of the acquirer or of the unilateral act of the managing authority of the public property of which the (a) in which the act is no longer subject to any ordinary, administrative or judicial appeal.

Without prejudice to the termination of the contract, the Enajenante Administration may be interested in the practice of preempting the application of the resolution in the form provided for by the mortgage legislation for the purposes of the preventive measures arising from the initiation of a procedure for urban planning.

(b) In another case, the registration shall produce the own effects of the marginal notes of conditions imposed on certain farms.

5. By way of exception, municipalities which have a public property on the soil may be used to reduce the commercial and financial debt of the City Council, provided that all of the following requirements are met:

a) Have approved the Local Entity's budget of the current year and liquidated those of the previous years.

b) Have the Land Registry of the soil properly updated.

c) That the municipal budget correctly accounts for the municipal land assets.

(d) There is an Agreement of the Local Corporation in which it is justified that it is not necessary to dedicate these quantities to the own ends of the public patrimony of the soil and that they will be used for the reduction of the debt of the the Local Corporation, indicating how they will be returned.

e) That the prior authorization of the body exercising the financial protection has been obtained.

The amount that is available must be replenished by the Local Corporation, within a maximum period of ten years, in accordance with the annuities and percentages fixed by the Plenary Agreement for the return to the municipal patrimony of the floor of the quantities used.

Also, the budgets for the financial years following the adoption of the Agreement shall be collected, in accordance with current revenue, with the annuities referred to in the preceding paragraph.

CHAPTER III

Surface Law

Article 53. Content, constitution and regime.

1. The actual right of surface attributes to the surface the ability to perform constructions or buildings in the scraper and in the flight and the subsoil of an alien farm, maintaining the temporary property of the constructions or buildings performed.

This right may also be constituted on buildings or buildings already made or on dwellings, premises or private elements of buildings or buildings, attributing to the surface the temporary property of the Without prejudice to the separate ownership of the floor holder.

2. For the right of surface to be validly constituted it requires its formalization in public writing and the inscription of it in the Registry of the Property. In writing, the period of the duration of the right of the area, which may not exceed ninety-nine years, must be fixed.

The surface right can only be constituted by the owner of the soil, whether public or private.

3. The right of the surface can be either onerous or free. In the first case, the consideration of the shallower may consist in the payment of a sum or a periodic fee, or in the award of dwellings or premises or the lease rights of some or other in favour of the owner of the land, or in several of these modalities at the same time, without prejudice to the total reversion of the edified at the end of the agreed period when the right to surface is constituted.

4. The right of area is governed by the provisions of this chapter, by civil law as not provided by it and by the title constitutive of the law.

Article 54. Transmission, taxation and extinction.

1. The right of surface is susceptible to transmission and lien with the limitations fixed when constituting it.

2. Where the characteristics of the construction or construction permit, the shallower may constitute the surface property on a horizontal property with a separation of the land corresponding to the owner, and may transmit and tax as independent farms the housing, the premises and the private elements of the horizontal property, during the period of the area right, without the need for the consent of the owner of the land.

3. In the establishment of the area right, clauses and covenants relating to the rights of the right, retraction and retraction in favour of the owner of the land may be included for the cases of transmissions of the right or of the elements to which it is refer, respectively, to the two preceding paragraphs.

4. The owner of the land may transmit and tax his right with separation of the right of the shallower and without the need for his consent. The subsoil shall correspond to the owner of the soil and shall be transmitted and charged in conjunction with it, unless it has been included in the surface right.

5. The area right is extinguished if it is not built in accordance with the territorial and urban planning within the time limit laid down in the title of the constitution and, in any case, for the duration of the duration of the right.

To the extinction of the right of surface in the course of its term of duration, the owner of the soil makes his own the property of the edified, without having to satisfy any compensation whatever the title of which the right would have been constituted. However, rules on the settlement of the surface right regime may be agreed.

The extinction of the surface right over the course of its duration determines that of any kind of real or personal rights imposed by the shallower.

If, for any other reason, land and surface property rights were to be met, charges that fall on one and another right will continue to be taxed separately until the time of the right of surface.

TITLE VIII

Legal regime

CHAPTER I

Unlawful actions and with the Prosecutor's Office

Article 55. Null and void acts.

The administrative acts of intervention that are dictated by the planning of the green zones or the free spaces provided for in the urban planning instruments will be null and void. As long as the works are in progress, the effects of the administrative act shall be suspended and the other measures adopted shall be adopted. If the works are completed, their ex officio review shall be carried out in accordance with the procedures laid down in the legislation of the common administrative procedure.

Article 56. Criminal offences.

When, on the occasion of the administrative files which are instructed for urban infringement or against the planning of the territory, evidence of the nature of the offence of the fact that prompted its opening, the body In order to impose the sanction, it will be brought to the attention of the Prosecutor's Office, to the effects of the requirements of the responsibilities of criminal order in which the offenders have been able to incur, refraining from that of continuing the procedure sanctioning as long as the judicial authority has not acted. The criminal sanction shall exclude the imposition of an administrative penalty without prejudice to the adoption of measures to replace the situation prior to the commission of the infringement.

CHAPTER II

Petitions, Acts, and Agreements

Article 57. Requests.

Local entities and urban planning bodies will have to resolve the well-founded requests addressed to them.

Article 58. Administration sued in surrogacy.

Decisions to be taken by the autonomic bodies by means of subrogation shall be considered as acts of the incumbent City Council, for the sole purpose of the admissible resources.

Article 59. Enforced execution and award path.

1. The City Councils may use the enforced execution and the award path to require the fulfilment of their duties to the owners, individuals or associates, and to the promoters of urban transformation actions.

2. The enforcement and award procedures shall be directed primarily against the property of persons who have not fulfilled their obligations, and only in the event of insolvency, against the administrative association of owners.

3. They may also exercise the same powers, at the request of the association, against the owners who fail to fulfil the undertakings given to them.

Article 60. Ex officio review.

Local entities may review their acts and arrangements in the area of urban planning, in accordance with the provisions of the law of the public administrations ' legal regime.

CHAPTER III

Actions and resources

Article 61. Character of the acts and conventions regulated in urban legislation.

The administrative legal nature of all the questions raised on the occasion or as a result of the acts and conventions regulated in the urban legislation applicable among the competent bodies of the Public administrations and owners, individuals or associates, or promoters of urban transformation actions, including those relating to land transfers for urbanisation or construction.

Article 62. Public action.

1. The action to require before the administrative bodies and the Contentious-Administrative Courts the enforcement of the legislation and other instruments of territorial and urban planning shall be public.

2. If such action is motivated by the execution of works deemed to be unlawful, it may be exercised during the execution of such works and until the time limits laid down for the adoption of the measures for the protection of legality. urbanistics.

Article 63. Action before ordinary courts.

The owners and holders of real rights, in addition to the provisions of the previous article, may require before the ordinary courts the demolition of the works and installations that violate the provisions regarding the distance between buildings, wells, tanks, or pits, community of construction or other urban elements, as well as provisions relating to uncomfortable, unsanitary or dangerous uses which are directly intended to protect the use of the other farms.

Article 64. Litigation-administrative resource.

1. The acts of the local authorities, whatever their object, that end the administrative route shall be directly addressed to the administrative-administrative jurisdiction.

2. The acts of final approval of the instruments of territorial management and of planning and implementation, without prejudice to the administrative resources which may be carried out, may be challenged in the jurisdiction of the courts. administrative-litigation, in the terms prevented by its regulatory legislation.

CHAPTER IV

Property Registry

Article 65. Inscribable acts.

1. They shall be entered in the Land Registry:

(a) The firm acts of approval of the planning implementation files as soon as they entail the modification of the registered farms affected by the instrument of management, the allocation of the domain or other real rights in respect of the same or the establishment of real guarantees of the obligation to implement or to preserve the urbanization and buildings.

(b) Disposals of land on a compulsory basis in the cases provided for by law or as a result of transfers of urban development.

(c) The opening of a file on urban planning or restoration of urban lawfulness, or of those which have as their object the administrative award to ensure, both the enforcement of the sanctions imposed, as of the resolutions to restore the violated urban order.

(d) The special conditions to which the acts of conformity, approval or administrative authorization are subject, in the terms provided for by the laws.

e) The acts of transfer and taxation of urban exploitation.

(f) The interposition of a judicial-administrative appeal seeking the annulment of instruments of urban planning, implementation, or administrative acts of intervention.

(g) Administrative acts and judgments, in both cases, in which the cancellation referred to in the preceding subparagraph is declared, when specified on certain farms and has been involved in the procedure.

(h) Any other administrative act which, in the development of the planning or urban planning instruments, changes, of course or in the future, the domain or any other real right on certain farms or the description of these.

2. In any event, in the opening of cases of urban planning that affect actions by virtue of which the creation of new registers by way of parcelation takes place, repair in any of its modalities, a new work declaration or a horizontal ownership arrangement, the Administration shall be obliged to agree on the practice in the Register of Property of the preventive annotation referred to in Article 67.2.

The omission of the resolution agreeing to the practice of this preventive annotation will give rise to the responsibility of the competent administration in the event of economic damage to the purchaser in good faith. of the estate affected by the file. In such a case, the said Administration shall indemnify the purchaser in good faith with the damage caused.

3. In the case of land parcels, the declaration of new constructions or the incorporation of horizontal property regimes, or registered, in their case, the property sets, the Registrar of the Property will notify the competent autonomous community to carry out the corresponding registration, with the data resulting from the Register. The communication, which shall be recorded on the basis of the relevant entries, shall be accompanied by a certification of the operations carried out and the administrative authorisation which is incorporated or accompanied by the registered title.

Article 66. Administrative certification.

Except in cases where the legislation establishes otherwise, the acts referred to in the previous article may be entered in the Land Registry by means of administrative certification issued by an urban planning body. acting, in which the circumstances relating to persons, rights and estates to which the agreement is affected shall be included in the form required by the mortgage legislation.

Article 67. Class of seats.

1. The acts and agreements referred to in Article 65 (1) (a), (b), (g) and (h) and the area occupied in favour of the Administration shall be recorded by registration, as they are intended for public funds. for spatial and urban planning.

2. The acts referred to in Article 65 (1) (c) and (f) and Article 65 (2) shall be made on the basis of a preventive endorsement, which shall be carried out on the farm where the relevant file is placed. Such entries shall expire at four years and may be extended at the request of the acting urban organ or the court or tribunal, respectively.

3. The other acts and agreements referred to in Article 65 shall be taken on a marginal note. Unless otherwise expressly stated, the marginal notes shall have an indefinite effect, but shall not have any other effect than to make known the urban situation at the time referred to in the title which originated them.

Article 68. Benefit and load distribution files.

1. The initiation of the file of distribution of benefits and charges corresponding to or the condition of the land included in an action of urban transformation to the fulfilment of the obligations inherent in the form of management that where applicable, shall be entered in the Register by note on the margin of the last registration of the domain of the corresponding farms.

2. The marginal note shall be three years and may be extended for a further three years at the request of the town or group of urban interest which has applied for its practice.

3. The registration of the titles of distribution of benefits and charges may be carried out either by the direct cancellation of the registrations and other existing seats of the original estates, with reference to the register of the farms resulting from the project, either by pre-grouping the entire area covered by the urban transformation action and its division into each and every farm resulting from the distribution operations.

4. Taking the note referred to in paragraph 1, the following effects shall be produced:

(a) If the title awarded the farm resulting to the registrant of the original farm, the registration shall be practiced in favor of the property.

(b) If the title is attributed to the farm resulting from the registral of the original farm, according to the content of the certificate that prompted the practice of the note, the registration shall be carried out in favour of that holder and shall be cancelled. at the same time the registration of the domain or of the actual rights on the original farm which was carried out after the date of the note.

(c) In the case referred to in the preceding subparagraph, the entry or registration of the result farms shall be recorded, the existence of the subsequent seats which have been the subject of cancellation, the title which the reason and their respective date.

d) For the practice of the registration of the farm or property of result in favor of the acquirers of the original estate will suffice the presentation of the title that motivated the practice of cancelled seats after the note, with the the appropriate rectification and in which the circumstances and description of the farm or property resulting from the project are recorded, as well as the consent for such rectification of the registrant and the rightholders of the rights cancelled in accordance with point (b). As long as the rectification is not carried out, no seat on the farms subject to the marginal note referred to in point (c) may be practised.

5. The title under which the project for the distribution of benefits and charges is registered shall be sufficient for the modification of mortgage institutions, the rectification of registration descriptions, the registration of farms or the excess of their place, resumption of the successive tract, and for the cancellation of incompatible real rights, in the form that it is regulated.

Additional disposition first. Urban information system and other information at the service of public policies for a sustainable urban environment.

1. In order to promote transparency and to ensure the obtaining, permanent updating and exploitation of the information necessary for the development of policies and actions that compete with it, the General Administration of the State, in cooperation with the autonomous communities, will define and promote the application of the criteria and basic principles that enable, from coordination and complementation with the relevant administrations in the field, the training and permanent updating of a general and integrated public information system on soil, urban planning and edification, comprehensive, at least, of the following instruments:

(a) Censuses of buildings, buildings, dwellings and unoccupied premises and of the need for improvement or rehabilitation. The Assessment Reports of the Buildings regulated in Articles 29 and 30 shall serve to nurture such censuses, in relation to rehabilitation needs.

(b) Layers of run-down, obsolete, disadvantaged or distressed urban areas, defined as urban regeneration and renovation, or building rehabilitation actions.

c) A general and integrated public system of information on land and urbanism, through which citizens will have the right to obtain all the urban information from the different by electronic means Administrations, in relation to the management of the territory carried out by them.

2. The compatibility and coordination of the public information system referred to in the previous paragraph shall also be sought with the rest of the information systems and in particular with the Real Estate Registry.

Additional provision second. Goods affected by the National Defense, the Ministry of Defense or the use of the armed forces.

1. The instruments of territorial and urban planning, whatever their class and denomination, which have an impact on land, buildings and installations, including their protection zones, affected by the National Defense must be submitted, in respect of this incident, a binding report of the General Administration of the State prior to its approval.

2. Notwithstanding the provisions of this law, the goods affected by the Ministry of Defense or the use of the Armed Forces and the posts made available to the public bodies that depend on it, are linked to the objectives laid down in their legislation. special.

Additional provision third. Urban planning powers in Ceuta and Melilla.

The cities of Ceuta and Melilla will exercise their regulatory powers in accordance with the provisions of the respective organic laws that approve their autonomy statutes, this law and the other rules that the State promulgate the effect.

In any case, the General Administration of the State shall be responsible for the final approval of the General Plan for Urban Planning of these cities and for their revisions, as well as for their modifications affecting the determinations. of a general nature, to the fundamental elements of the general and organic structure of the territory or to the determinations referred to in paragraph 7 of the second final provision.

The final approval of the Special Plans not provided for in the General Plan, as well as the modifications of the General Plan not included in the previous paragraph, shall be the responsibility of the competent bodies. of the cities of Ceuta and Melilla, prior to the mandatory report of the General Administration of the State, which will be binding in respect to questions of legality or to the affectation to general interests of the state competence, must be issued in the three-month period and shall be deemed to be favourable if it is not issued within that period.

Additional provision fourth. Land management of the State's heritage.

1. Article 52 of this law on access to the Registry of the Property of the limitations, obligations, deadlines or conditions of destination in the disposal of farms shall be applicable to the property of the State's patrimony. intended for the construction of dwellings subject to any public protection scheme which allows the price of their maximum selling or rental price to be assessed.

2. A new Article 1919a is added in Law 33/2003 of 3 November of the Heritage of Public Administrations, with the following wording:

" Article 1919a. Urban arrangements for the buildings concerned.

When the instruments of spatial and urban planning include in the field of the actions of urbanization or assigned to them lands affected or destined to public uses or services of state competence, the The General Administration of the State or the public bodies holding them that have acquired them for expropriation or other onerous form will participate in the balance of benefits and burdens in the terms established by the legislation on territorial and urban planning. "

3. Paragraph 5 of the second paragraph of Law 33/2003 of 3 November of the Heritage of Public Administrations is amended, which is worded as follows:

" 5. They have the character of the basic legislation, in accordance with the provisions of Article 149.1.18. of the Constitution, the following provisions of this Law: Article 1; Article 2; Article 3; Article 6; Article 8, paragraph 1; Article 27; Article 28; Article 29 (2); Article 32 (1) and (4); Article 36 (1); Article 41; Article 42; Article 44; Article 45; Article 50; Article 55; Article 58; Article 61; Article 62; Article 84; Article 91 (4); Article 92 (1), (2) and (4); Article 93 (1), (2), (3) and (4); Article 94; Article 97; Article 98; Article 100; Article 101 (1), (3) and (4); Article 102 (2) and (3); Article 103 (1) and (3); Article 106 (1); Article 107 (1); Article 109 (3); Article 121 (4); Article 183; Article 184; Article 189; Article 190; Article 1919a; Article 191; transitional provision first paragraph 1; transitional provision fifth. '

4. A letter (e) is added to Article 71 (2) of Law 50/1998, of 30 December, of Fiscal, Administrative and Social Order Measures, with the following wording:

" (e) Coassist, with the management of the real estate that is made available to them, to the development and implementation of the various public policies in force and, in particular, of the housing policy, in collaboration with the Competent authorities. To this end, it may subscribe to such agreements, protocols or agreements to encourage the construction of dwellings subject to any protection regime which allows the maximum price to be assessed for sale, rent or other forms of access to housing. Such agreements shall be authorised by the Governing Council. "

5. An ordinal 7 is added to Article 53 (2) of Law 14/2000, of 29 December, of Fiscal, Administrative and Social Order Measures, with the following wording:

" 7. The management of the real estate that is made available, to the development and execution of the various public policies in force and, in particular, the housing policy, in collaboration with the Competent authorities. To this end, it may subscribe to such agreements, protocols or agreements to encourage the construction of dwellings subject to any protection regime which allows the maximum price to be assessed for sale, rent or other forms of access to housing. "

Additional provision fifth. Amendment of Article 43 of the Compulsory Expropriation Act of 16 December 1954.

Article 43 (2) of the Compulsory Expropriation Act of 16 December 1954 is amended, which is worded in the following terms:

" 2. The estimate referred to in the preceding paragraph:

(a) It shall not be in any case applicable to the expropriations of real estate, for the fixing of which the Justiprice shall be exclusively to the system of valuation provided for in the law regulating the valuation of the soil.

(b) It shall apply only to the expropriations of movable property where they do not have a particular criterion of valuation indicated by special laws. "

Additional provision sixth. Forest soils set on fire.

1. The forest land set on fire shall be maintained in the rural land situation for the purposes of this law and shall be intended for forest use, at least for the period provided for in Article 50 of the Law on Forestry, with the exceptions provided for therein. intended.

2. The Forest Administration must inform the Land Registry of this circumstance, which will be entered in accordance with the provisions of the mortgage legislation.

3. The certification issued by the forest administration shall be the title for the registration, which shall contain the cadastral data identifying the farm or property concerned and shall be accompanied by the topographical plan of the forest lands. on fire, at appropriate scale.

The record of the certification shall be made by means of a marginal note which shall be valid until the expiry of the period referred to in paragraph 1. The topographic plane shall be archived as provided for in Article 51.4 of the Mortgage Regulation, which may be accompanied by magnetic or optical support.

Additional provision seventh. Rules for the capitalization of rents on rural land.

1. For the capitalisation of the actual or potential annual income of the holding referred to in Article 36 (1), the average value of the annual data published by the Banco de España de la the return of the State Obligations to 30 years, corresponding to the three years preceding the date to which the valuation is to be understood.

2. This type of capitalisation may be corrected by applying to the reference referred to in the previous paragraph a correction coefficient depending on the type of crop, exploitation or use of the soil, where the result of the assessments is in a significant way with respect to the market prices of rural land without urban expectations.

The terms of that correction will be determined regulatively.

Additional disposition octave. State participation in spatial and urban planning.

The General Administration of the State will be able to participate in the procedures of territorial and urban planning in the way that the legislation in the matter determines. Where provided for in this legislation, representatives of the General Administration of the State, designated by it, may participate in the collective organs of a supra-amunicial character which have the powers of approval of instruments of spatial and urban planning.

Additional provision ninth. Amendment of the Regulatory Law on Local Regime Bases.

The following articles and paragraphs of Law 7/1985, of April 2, are amended to regulate the bases of the Local Regime, which are worded in the following terms:

1. Amendment of Article 22.2.

" Corresponding, in any case, to the municipal plenum in the Councils, and to the neighborhood Assembly in the Open Council regime, the following attributions:

(...)

(c) The initial approval of general planning and approval to terminate the municipal processing of plans and other management instruments provided for in urban legislation, as well as the conventions they have for object the alteration of any of these instruments.

(...)

2. Adding a new item 70 ter.

" 1. Public administrations with territorial and urban planning powers must be available to the citizens or citizens who request it, full copies of the instruments of territorial and urban planning in force in its territorial scope, the management documents and the urban conventions.

2. Public administrations with competence in the field, will publish by telematic means the updated content of the instruments of territorial and urban planning in force, of the announcement of their submission to public and of any processing acts that are relevant to their approval or alteration.

In municipalities less than 5,000 inhabitants, this publication may be carried out through the supra-municipal authorities which are assigned the function of assistance and technical cooperation with them, which must provide them with cooperation.

3. Where an alteration of urban planning, which is not carried out within the framework of a full exercise of the authority of management, increases the buildability or the density or modifies the uses of the soil, the dossier shall be recorded in the the identity of all owners or holders of other real rights on the farms concerned during the five years preceding their initiation, as recorded in the register or instrument used for the purposes of notifications to the compliance with the legislation in the field. "

3. Amendment of Article 75.7.

" The local representatives, as well as the non-elected members of the Local Government Board, will make a statement on the causes of possible incompatibility and on any activity that they provide or may provide. economic income.

They shall also make a declaration of their property assets and of the participation in companies of all kinds, with information from the companies involved and from the self-actions of the income taxes, Assets and, where applicable, Societies.

Such statements, made in the models approved by the respective plenary sessions, shall be made before the inauguration, at the end of the term and at the end of the term of office, as well as when the circumstances of the done.

Annual declarations of goods and activities shall be published annually, and in any event at the time of the end of the term of office, in terms of the municipal statute.

Such statements will be entered in the following Interest Records, which will have a public character:

(a) The declaration on causes of possible incompatibility and activities that provide or may provide economic income, shall be entered in the Register of Activities established in each Local Entity.

(b) The declaration on property and property rights shall be entered in the Register of Property Assets of each local entity, in terms of their respective status.

Local representatives and non-elected members of the Local Government Board in respect of those who, by virtue of their position, are threatened with their personal security or that of their property or business, that of their family members, partners, employees or persons with whom they have an economic or professional relationship may make the declaration of their property and property rights to the Secretary or the Secretariat of the Provincial Council or, where appropriate, to the competent body of the Community Corresponding autonomic. Such statements shall be entered in the Special Register of Property Assets, created for these purposes in those institutions.

In this case, they will provide the Secretary or Secretariat of their respective mere certification with simple and succinct certification, accrediting that they have completed their declarations, and that these are registered in the Special Register of Interest as referred to in the preceding paragraph, which shall be issued by the official in charge of it. "

4. Inclusion of a new paragraph 8 in Article 75.

" 8. During the two years following the end of his term of office, the local representatives referred to in the first paragraph of this article have held executive responsibilities in the different areas in which the government is organized. The restrictions on the exercise of private activities laid down in Article 15 of Law 3/2015 of 30 March, regulating the exercise of the high office of the administration, shall apply in the territorial area of their jurisdiction. State General.

For these purposes, the Councils may provide for financial compensation during that period for those who, as a result of the incompatibilities scheme, are unable to carry out their professional activity, or economic remuneration for other activities. "

5. Inclusion of a new additional provision 15th. "Incompatibilities and declarations of activities and assets of local directors and other personnel at the service of local entities".

" 1. The owners of the management bodies are subject to the incompatibilities established by Law 53/1984 of 26 December 1984, Incompatibilities of Personnel to the Service of Public Administrations, and other State or Government rules. autonomics that result from application.

However, the limitations to the exercise of private activities laid down in Article 15 of Law 3/2015 of 30 March 2015, regulating the exercise of the high office of the General Administration of the State, in the terms set out in Article 75.8 of this Law.

For these purposes, management or enforcement functions of a higher character shall be considered by management staff, in accordance with the general guidelines laid down by the governing body of the the Corporation, taking the necessary decisions to the effect and having for it a margin of autonomy, within those general guidelines.

2. The scheme provided for in Article 75.7 of this Law shall apply to local management staff and to officials of local authorities with a state rating which, in accordance with the provisions of Article 5.2 of the provision The second part of Law 7/2007, of 12 April, of the Basic Staff Regulations, must be carried out by the local authorities who have been provided with free designation for the management of their functions or for the special responsibility to assume. "

Additional provision 10th. Acts promoted by the General Administration of the State.

1. Where the General Administration of the State or its Public Bodies promotes acts subject to prior municipal intervention and reasons of urgency or exceptional public interest so require, the Minister responsible for the matter may agree to the referral to the relevant City Council of the project concerned, so that within one month it shall notify the conformity or disconformity of the project with the urban planning in force.

In the event of disconformity, the file shall be forwarded by the Department concerned to the holder of the Ministry responsible for soil and housing, who shall submit it to the Council of Ministers, subject to a report by the competent body of the autonomous community, which must be issued within one month. The Council of Ministers shall decide whether the project should be implemented, and in this case it shall order the initiation of the procedure for altering the urban planning to be carried out in accordance with the procedure laid down in the regulatory legislation.

2. The City Council may in any case agree to suspend the works referred to in paragraph 1 of this Article where they are intended to be carried out in the absence or in contradiction with the notification, in accordance with the planning and prior to the decision to implement the work adopted by the Council of Ministers, communicating that suspension to the draft body and to the Minister responsible for soil and housing, for the purpose of preventing them.

3. The works which directly affect the national defence are exempted from this option, for which the Council of Ministers will have to mediate an agreement, at the request of the Minister responsible for soil and housing, upon request of the Competent City Council and Ministry of Defense report.

Additional provision eleventh. Real estate cadastre.

The provisions of this law are without prejudice to the provisions of the recast text of the Law of the Land Registry, approved by the Royal Legislative Decree 1/2004 of 5 March, in particular as regards the use of the cadastral reference, the incorporation of the descriptive and graphic cadastral certification and the obligations of communication, collaboration and provision of information provided by the cadastral regulations.

Additional disposition twelfth. Infringements in the field of certification of the energy efficiency of buildings.

1. Administrative offences relating to the certification of energy efficiency of buildings constitute the actions or omissions which have been established and sanctioned in this provision and in the following additional provision, without prejudice to other civil, criminal or other order responsibilities that may be present.

2. Breaches in the field of energy certification of buildings are classified as very serious, serious and minor.

3. They constitute very serious infringements in the field of energy certification of buildings:

(a) Falsifying information on the issue or registration of energy efficiency certificates.

b) Act as a certifier technician without meeting the legally required requirements to be so.

(c) Act as an authorised independent agent for the control of the certification of the energy efficiency of buildings without the proper clearance granted by the competent body.

(d) Publicity for the sale or rental of buildings or parts of buildings, an energy efficiency rating that is not supported by a duly registered certificate in force.

(e) In addition, serious infringements of the serious infringements provided for in paragraph 4 shall be very serious where, during the three years preceding their commission, the offender has been given a firm sanction for the same type of violation.

4. They constitute serious infringements:

(a) Incompliance with the conditions set out in the methodology for the calculation of the basic procedure for the certification of the energy efficiency of buildings.

(b) Failure to comply with the obligation to present the energy efficiency certificate to the competent authority of the Autonomous Community in respect of the energy certification of where the building is located, for registration.

c) Do not incorporate the project energy efficiency certificate into the building execution project.

d) Display a label that does not correspond to the energy efficiency certificate validly issued, registered and in effect.

e) Selling or renting a property without the seller or lessor delivering the energy efficiency certificate, valid, registered and in force, to the buyer or tenant.

(f) In addition, the minor infringements referred to in paragraph 5 shall be serious infringements where, during the year before their commission, a firm sanction for the same type of infringement was imposed on the infringer.

5. They constitute minor infractions:

(a) Publicity of the sale or rental of buildings or units of buildings that are required to have an energy efficiency certificate without mentioning their energy efficiency rating.

b) Do not display the energy efficiency label in the cases where it is mandatory.

c) The issue of energy efficiency certificates that do not include the minimum required information.

d) Failure to comply with the obligations to renew or update energy efficiency certificates.

e) Do not incorporate the building's energy efficiency certificate completed in the Building Book.

f) The display of energy efficiency labels without the legally established minimum format and content.

g) Publicity of the qualification obtained in the project's energy efficiency certification, when the energy efficiency certificate of the finished building is already available.

h) Any actions or omissions that violate the provisions of energy efficiency certification when they are not classified as serious or very serious violations.

6. They shall be liable for the offences defined in this provision, the natural or legal persons and the communities of goods which make them, even in the form of simple non-compliance.

7. The instruction and resolution of the sanctioning files to be initiated shall be the responsibility of the competent bodies of the Autonomous Communities.

Additional provision tenth third. Penalties for energy certification of buildings and graduation.

1. The offences listed in the second tenth provision shall be sanctioned as follows:

a) The minor infractions, with a fine of 300 to 600 euros.

b) Serious infractions, with a fine of 601 to 1,000 euros.

c) Very serious violations, with a fine of 1,001 to 6,000 euros.

2. However, in cases where the benefit which the infringer has obtained by the commission of the offence is greater than the amount of the penalties in each case referred to in the preceding paragraph, the penalty shall be imposed for an amount equivalent to the profit thus obtained.

At the graduation of the penalty will take into account the damage produced, the enrichment obtained unfairly and the concurrency of intentionality or reiteration.

First transient disposition. Application of the soil reserve for protected housing and exceptional temporary rule.

1. Without prejudice to the following paragraph, the protected housing reserve required by point (b) of the first paragraph of Article 20 of this Law shall apply to all changes in management whose approval procedure is initiated. after the entry into force of Law 8/2007 of 28 May, of Soil, in the form laid down by the legislation on spatial and urban planning. In those cases where the Autonomous Communities have not established reserves equal to or greater than that laid down in Article 20 (1) (b) of this Law, from 1 July 2008 until their adaptation to that law, The 30 percent reserve provided for in this law will be directly applicable, with the following details:

(a) The management instruments of the municipalities of less than 10,000 inhabitants where, in the last two years prior to the start of their approval procedure, have been authorised, shall be exempt from their application. residential buildings for less than 5 dwellings per thousand inhabitants per year, provided that these instruments do not order residential performances for more than 100 new dwellings; as well as those which are subject to reform or improvement of the existing urbanization in which residential use does not reach 200 homes.

b) Management instruments may provide a basis for a reduction in the percentage of new urbanisation activities which are not intended to meet the demand for first residence planned by them with increases in other areas. of the same category of soil.

2. By way of derogation from the above paragraph, for a maximum period of four years from the entry into force of Law No 8/2013 of 26 June of rehabilitation, regeneration and urban renewal, the Autonomous Communities may leave the suspended the application of the provisions of Article 20 (1) (b) of this Law, determining the period of suspension and the instruments of management to which it affects, provided that at least the following requirements are met:

(a) That the aforementioned instruments justify the existence of a percentage of sheltered housing already built and unsold in the Municipality, greater than 15 percent of the protected housing provided or resulting from the Current planning and a clear disproportion between the legally enforceable reserve and the actual demand with the possibility of access to such dwellings.

b) That such management instruments have not been definitively approved before the entry into force of this law or that, if approved, they do not yet have the final approval of the project or projects of required equidistribution.

Second transient disposition. Timetable for the implementation of the Building Assessment Report.

1. In order to guarantee the quality and sustainability of the built-in park, as well as to guide and direct public policies that pursue such purposes, and without prejudice to the adoption of more demanding and more stringent regulation by the autonomous communities. (a) the provision of the municipal ordinances, the obligation to have the Assessment Report provided for in Article 29 must be made effective at least in relation to the following buildings and the dates and time limits set out below; set:

(a) The residential typology buildings of collective housing, which as of 28 June 2013, have already been more than 50 years old, on 28 June 2018, at the latest.

(b) Residential typology buildings of collective housing that are reaching 50 years of age, from 28 June 2013, within the maximum period of five years, from the date on which they reach that age age.

Both in the cases of this letter, as in the case of point (a) above, if the buildings were to have a technical inspection in place, carried out in accordance with their applicable rules, before 28 June 2013, only require the Assessment Report when it corresponds to its first review in accordance with that legislation, provided that the review does not exceed the ten-year period, from the entry into force of this Law. If this is the case, the Building Assessment Report must be completed with those aspects that are absent from the technical inspection carried out.

(c) buildings whose holders are intended to benefit from public aid with the aim of undertaking conservation works, universal accessibility or energy efficiency, on the date prior to the formalisation of the request of the corresponding help.

(d) The rest of the buildings, when determined by the autonomic or municipal regulations, which may establish specialties of application of the said report, depending on their location, age, type or predominant use.

2. In order to avoid duplication between the report and the Technical Inspection of Buildings or an instrument of a similar nature which may exist in the municipalities or autonomous communities, the report resulting from that report shall be integrated as part of the the report is regulated by this Law, with the latter being produced, in any case, when the already realized has taken into account requirements derived from the autonomous or local regulations equal or more demanding than those established by this law.

Transitional provision third. Valuations.

1. The valuation rules contained in this law shall apply in all the files included in its scope of application that are initiated as of the entry into force of Law 8/2007, of 28 May, of Soil.

2. Except for the application of the valuation rules provided for in this law, only land where, at the entry into force of Law 8/2007, the following three circumstances are cumulatively met:

(a) To form part of the land-based land included in demarcated areas for which the planning would have established the conditions for its development.

b) That there is an express provision for execution time in planning, or in territorial and urban planning legislation.

(c) That at the time the valuation is to be understood, the time limits for such execution would not have expired or, if they had expired, were for cause attributable to the Administration or to third parties.

Such land shall be valued in accordance with the rules laid down in Law 6/1998 of 13 April on the Soil and Valorations Regime, as amended by Law 10/2003 of 20 May.

Transitional disposition fourth. Minimum sustainability criteria.

Yes, a year since the entry into force of Law 8/2007, of 28 May, of Soil, the legislation on spatial and urban planning does not establish in which cases the impact of a performance of urbanization compels to exercise full responsibility for ordination, this new arrangement or revision will be necessary when the action involves, by itself or in union with those approved in the last two years, an increase of more than 20% of the population or the land area of the municipality or territorial area.

Final disposition first. Qualifications required to subscribe to Building Assessment Reports.

By Order of the Minister or Minister for Industry, Energy and Tourism and the Minister or Minister for Development, the qualifications required to subscribe to the Building Assessment Reports, as well as the means of accreditation. For these purposes, the certification, training, experience and complexity of the assessment process shall be taken into account.

Final disposition second. Competence title and scope of application.

1. They have the character of basic conditions of equality in the exercise of the rights and the fulfilment of the corresponding constitutional duties and, where appropriate, of the basis of the general planning system, economic activity, protection of the environment and the energy system, given the powers reserved to the general legislator in Article 149.1.1., 13. 23. and 25. of the Constitution, Articles 1; 2; 3; 4; 5, (a) and (b); 6; 7; 8; 9; 11, paragraphs 1, 2, 3, 4 and 5, first paragraph; 12; 13; 14; 15; 16; 17; 18; 19; 20; 21; 22; 24; 31; 32, paragraph 1; 33; 43; 49, paragraph 3; 52, paragraph 5; Additional provisions sixth, paragraph 1; twelfth and tenth third; transitional provisions first; second and fourth.

2. They have the character of provisions established in the exercise of the competence reserved to the State legislator by Article 149.1.8. and 18. on civil legislation, common administrative procedure and compulsory expropriation and system of the responsibility of the Public Administrations, Articles 4 (1), (2) and (3); (5) (c), (d) and (e); 9 (1), (3) and (7); 10; 11 (5), 13 (2) (a) and (b); 14 (d); 15 (4), 19; 23; 24; 25; 26, 27; 28; 29; 32, paragraph 1; 33; 34; 35; 36; 37; 38; 39; 40; 41; 42; 43; 44; 45; 46; 47; 48, 49 paragraphs 1 and 2; 50; 52, paragraphs 3 and 4, 53; 54; 55; 57; 58; 59; 60; 61, 65; 66; 67; 68; Additional provisions first, fourth, fifth; sixth, paragraphs 2 and 3; seventh, eighth, ninth and tenth and third transitional arrangement,

3. Articles 51 and 52 (1) and (2) are based on the general planning of the economic activity given in the exercise of the competence reserved to the State legislator in Article 149.1.13. of the Constitution, without prejudice to the of the exclusive jurisdiction over land and town planning granted by the Autonomous Communities.

4. Articles 5 (f); 32 (2); 56; 57; 62; 63 and 64 are given in accordance with the provisions of Article 149.1.6. of the Constitution, which confers jurisdiction on the State in matters of procedural law.

5. Article 30 and the final provision first are given in accordance with the provisions of Article 149.1.30. of the Constitution, which confers on the State the competence to regulate the conditions for obtaining, issuing and approving certificates. academics and professionals.

6. Article 22 (4) and the 11th additional provision are given in accordance with the provisions of Article 149.1.14, which gives the State the power of competition on the General Finance and Debt of the State.

7. The second and tenth additional provisions, paragraph 3, are given in accordance with the provisions of Article 149.1.4. of the Constitution, which confers on the State the competence in the field of Defense and Armed Forces.

8. The full normative content of this Law is directly applicable in the territories of the cities of Ceuta and Melilla, with the following details:

(a) The power referred to in Article 20 (1) (b) to the law to reduce the percentage of the housing stock subject to a public protection scheme and to determine the possible destinations of the public heritage of the soil, as provided for in Article 52 (1), may be exercised directly in the General Plan.

(b) The percentage referred to in Article 18 (1) (b) shall, in general, be 15%. However, the General Plan may, in a proportionate and reasoned manner, reduce it by up to 10% or increase it to a maximum of 20% in the actions or areas in which the value of the resulting solar energy is significantly reduced. lower, or greater than the average of those included in the same soil class, respectively.

9. The provisions of this law shall apply without prejudice to the civil, foral or special regimes where they exist.

Final disposition third. Development.

The Government is authorized to proceed, within the framework of its powers, to the development of this law.