Royal Legislative Decree 7/2015, October 30, Which Approves The Revised Text Of The Law Of Soil And Urban Rehabilitation.

Original Language Title: Real Decreto Legislativo 7/2015, de 30 de octubre, por el que se aprueba el texto refundido de la Ley de Suelo y Rehabilitación Urbana.

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Article one, h) of law 20/2014, October 29, which was delegated on the Government the power to enact various texts consolidated, pursuant to article 82 et seq. of the Spanish Constitution, authorized the Government to approve a revised text which integrate properly regularized, clarified and harmonized the Land Act, approved by Royal Legislative Decree 2/2008 of 20 June, and articles 1 to 19, the additional provisions first to fourth, first and second transitional provisions and final provisions twelfth and eighteenth; as well as the final provisions 19th and 20th and the repealing provision, law 8/2013, 26 June, of urban rehabilitation, regeneration and renewal. The deadline for the realization of this text was 12 months from the entry into force of the aforementioned law 20/2014, which took place on October 31, 2014.

This task refundidora, faced by this legal text, arises basically two objectives: one-sided clarify, regulate and harmonize terminology and content of both legal texts, and other, structuring device and order in a single general provision the rules of different nature and scope that contain those.

In this way, the final objective focuses on avoiding the dispersion of such standards and the fractionation of the provisions that State legislation in the field of soil and rehabilitation, regeneration and renewal urban, except for the existing part of the Royal Decree 1346 / 1976, 9 April, which approves the revised text of the law on the regime of the soil and urban planning It has a supplementary application except in the territories of the cities of Ceuta and Melilla and, consequently, has been out of the legislative delegation by which this legislative Royal Decree is issued.

In accordance with the above-mentioned provisions occurs this revised text of the law of soil and urban rehabilitation, which dispenses its title of the terms urban regeneration and renewal, not only to facilitate knowledge management and cites the standard, but, above all, on the grounds that the term urban rehabilitation encompasses, in a way commonly allowed, both this such as regeneration and renewal of the urban fabric.

In his virtue, a proposal from the Minister of promotion, according to the Council of State and after deliberation by the Council of Ministers at its meeting of October 30, 2015, have: single article. Adoption of the revised text of the law of soil and urban rehabilitation.

Approves the revised text of the law of soil and urban rehabilitation.

Sole additional provision. Regulatory referrals.

Normative references made to other provisions to Royal Legislative Decree 2/2008, of 20 June, which was approved the revised text the law of soil and the law 8/2013, 26 June, of rehabilitation, regeneration and renewal urban, shall be made to the relevant precepts of a consolidated text that was adopted.

Sole repeal provision. Repeal legislation.

All provisions of equal or lower rank who are opposed to this Royal Decree legislative and the revised text which approves and, in particular, the following shall be repealed: a) Royal Decree legislative 2/2008 of 20 June, which approves the revised text of the law of soil.

(b) articles 1 to 19, additional provisions first fourth, first and second transitional provisions and final provisions twelfth and eighteenth of the law 8/2013, 26 June, urban rehabilitation, regeneration and renewal, as well as the final provisions nineteenth and twentieth of the Act, in so far as relating to any of the precepts repealing this provision.

Sole final provision. Entry into force.

This Royal Legislative Decree and the revised text approving shall enter into force the day of its publication in the «Official Gazette».

Given in Madrid, on October 30, 2015.

PHILIP R.

The Minister of promotion, ANA MARÍA PASTOR JULIAN text revised of the law of soil and rehabilitation urban preliminary title. General provisions.

Article 1. The object of this law.

Article 2. Definitions.

Article 3. Principle of territorial and urban sustainable development.

Article 4. Management of the territory and urban planning.

Title i. basic conditions of equality in rights and constitutional duties of citizens.

Chapter i. Basic status of the citizen.

Article 5. Rights of the citizen.

Article 6. Duties of the citizen.

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

Article 7. Performances of urban transformation and building activities.

Article 8. Public and private initiative in proceedings of urban change and in the building.

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

Article 10. Administrative associations.

Chapter III. Legal status of the ownership of land.

Article 11. Urban regime of the right of ownership of land.

Article 12. Content of the right of ownership of land: faculties.

Article 13. Content of the right of ownership of land in rural situation: faculties.

Article 14. Content of the right of ownership of land in situation of urbanized: faculties.

Article 15. Content of the right of ownership of land: duties and charges.

Article 16. Content of the right of ownership of land in rural or vacant building situation: duties and charges.

Article 17. Content of the right of ownership of land in situation of urbanized: duties and charges.

Chapter IV. Basic Statute of the promotion of the urban projects.

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

Article 19. Rehousing and return rights.

Title II. Bases of the regime of soil, common procedural regulations and civil rules.

Chapter i. Foundations of the regime of the soil.

Article 20. Basic criteria for land use.

Article 21. Basic situations of soil.

Article 22. Evaluation and monitoring of the sustainability of urban development, and guarantee of technical and economic viability of the performances on the urban environment.

Chapter II. Common procedural rules and civil standards.

Article 23. Operations of distribution of benefits and burdens.

Article 24. The performances on the urban environment-specific rules.

Article 25. Publicity and efficiency in urban governance.

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

Article 27. Transfer of farms and urban duties.

Article 28. Declaration of new work.

Title III. The report of assessment of buildings.

Article 29. The report of assessment of buildings.

Article 30. Training to sign the report of assessment of buildings.

Title IV. Inter-authority cooperation and collaboration.

Article 31. Inter-administrative cooperation.

Article 32. Organization of cooperation.

Article 33. Agreements for the financing of actions.

Title V. valuations.

Article 34. Scope of the ratings system.

Article 35. General criteria for the assessment of real estate.

Article 36. Assessment in rural soil.

Article 37. The urban land valuation.

Article 38. Indemnification of faculty participate in performances of new development.

Article 39. Compensation of the initiative and the promotion of urbanization and building activities.

Article 40. Assessment of soil in regime of equidistribution of benefits and burdens.

Article 41. The assessment regime.

Title VI. Compulsory purchase and liability.

Article 42. Regime of the expropriation on the basis of territorial and town planning.

Article 43. Fair price.

Article 44. Occupation and registration in the land registry.

Article 45. Purchase free of charge.

Article 46. Modalities of management of expropriation.

Article 47. Alleged reversion and repricing.

Article 48. So-called compensation.

Title VII. Social function of the property and land management.

Chapter i. Sales and forced substitution.

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

Article 50. Forced sale or replacement regime.

Chapter II. Public property of soil.

Article 51. Concept and purpose.

Article 52. Destination.

Chapter III. Surface rights.

Article 53. Content, Constitution and regime.

Article 54. Transmission, assessment and extinction.

Title VIII. Legal regime.

Chapter i. Actions illegal and with the public prosecutor's Office.

Article 55. Null void acts.

Article 56. Constituent offences of crime.

Chapter II. Requests, acts and agreements.

Article 57. Requests.

Article 58. Administration sued in subrogation.

Article 59. Enforcement and means of enforcement.

Article 60. Review of nursing.

Chapter III. Actions and resources.

Article 61. Character of the acts and agreements regulated town planning legislation.

Article 62. Public action.

Article 63. Action before the ordinary courts.

Article 64. Contentious-administrative appeal.

Chapter IV. Registration of the property.

Article 65. Registered acts.

Article 66. Administrative certification.

Article 67. Classes of seats.

Article 68. Records of distribution of benefits and burdens.

Additional provisions.


First additional provision. System of urban information and other information in the service of public policies for a sustainable urban environment.

Second additional provision. Goods affected the national defense, the Ministry of defence or the use of the armed forces.

Third additional provision. Powers of urban planning in Ceuta and Melilla.

Fourth additional provision. Management of soils of the heritage of the State.

Fifth additional provision. Amendment of article 43 of the law on compulsory expropriation of December 16, 1954.

Sixth additional provision. Burned forest soils.

Seventh additional provision. Rules for the capitalization of income in rural soil.

The eighth additional provision. Participation of the State in the territorial and town planning.

Ninth additional provision. Modification of the regulatory act of the Local regime Bases.

Tenth additional provision. Events promoted by the General Administration of the State.

Eleventh additional provision. Real estate cadastre.

Twelfth additional provision. Infringements in the field of certification of the energy efficiency of buildings.

Tenth additional provision three. Sanctions in the field of energy certification of buildings and graduation.

Transitional provisions.

First transitional provision. Application of the reservation of land for housing and exceptional temporary rule.

Second transitional provision. Timetable for the implementation of the report of assessment of buildings.

Third transitional provision. Valuations.

Fourth transitional provision. Minimum criteria of sustainability.

Final provisions.

First final provision. Qualifications required for subscription evaluation reports of buildings.

Second final provision. Competence title and scope.

Third final provision. Development.

TEXT revised the law of soil and rehabilitation urban title preliminary provisions general article 1. The object of this law.

This law regulates, for the entire State territory, the basic conditions that guarantee: to) equality in the exercise of rights and in the fulfilment of the constitutional duties, soil-related.

(b) a development sustainable, competitive and efficient urban environment, by impulse and the promotion of actions that lead to the rehabilitation of the buildings and the regeneration and renewal of the urban existing fabrics, when necessary to ensure an adequate quality of life and the effectiveness of their right to enjoy decent and adequate housing to citizens.

This law also establishes economic and environmental bases of the legal regime of the soil, its valuation and the liability of public administrations in the matter.

Article 2. Definitions.

For the purposes of the provisions of this law, and provided that specifically applicable legislation won't be another more detailed definition, concepts included in this article shall be interpreted and applied with following the meaning and the scope: 1. actions on the urban environment: which aims to carry out building rehabilitation works, where there are situations of failure or degradation of the basic requirements of functionality safety and livability of buildings, and the regeneration and renewal urban when they affect, both buildings and urban fabric, causing them to include new building works instead of previously demolished buildings. Actions for urban regeneration and renewal will have, in addition, integrated nature, when they articulate social, environmental and economic measures framed in a global and unitary administrative strategy.

All these shall apply the basic statutory regime of duties and charges which they are entitled, in accordance with the performance of building or urban transformation that behave, pursuant to article 7.

2. substandard housing: the building, or part thereof, aimed at housing, which does not meet the minimum conditions required in accordance with the applicable legislation. In any case, means that they do not meet such conditions homes that fail to meet requirements of surface, number, size and habitable parts, which present serious deficiencies in their endowments and basic facilities and features which do not meet the minimum requirements of security, universal accessibility and livability required to the building.

3. habitual residence: constituting the domicile of the person which the occupied for a period exceeding 183 days a year.

4 replacement cost of a construction or building: the current value of construction of a building of new plant, equivalent to the original in relation to constructive characteristics and the useful surface, carried out with the necessary conditions so that their occupation is allowable or, in your case, is able to be legally intended for use that you will own.

5. reasonable adjustments: the measures of adaptation of a building to facilitate the universal accessibility of effective, safe and practical, and without that entail a disproportionate burden. To determine whether or not a charge is provided shall be taken into account the costs of the measure, the discriminatory effects that no adoption could represent, the structure and characteristics of the person or entity that has to put it into practice and the possibility that those of official financing or any other help. Means that the burden is disproportionate, in buildings in horizontal property regime, when the cost of the works affected annually, excluding public subsidies may have that right, exceeding twelve ordinary monthly payments of common costs.

6 residential typology of collective housing building: the compound for more than one home, without prejudice to that, simultaneously, may contain other non-residential uses. Assimilated character it means included in this typology, the building to be occupied or inhabited by a group of persons who, without being household, sharing services and undergo a common regime, such as hotels or residences.

Article 3. Principle of territorial and urban sustainable development.

1 public policies related to the regulation, management, occupation, transformation and land use are common usage of this resource in accordance with the general interest and according to the principle of sustainable development, without prejudice to the specific purposes for which attributed them to the laws.

2. in accordance with the principle of sustainable development, the policies referred to in the preceding paragraph must encourage the rational use of natural resources harmonizing the requirements of the economy, employment, social cohesion, equality of treatment and opportunities, health and safety of persons and the protection of the environment, contributing in particular to (: a) the effectiveness of the measures for the conservation and improvement of the nature, flora and fauna and the protection of the cultural heritage and landscape.

(b) the protection, suitable to its character, the rural environment and the preservation of the values of the floor unnecessary or inidoneo to meet the needs of urban transformation.

(c) adequate prevention of risks and dangers to public safety and health and the effective elimination of interference from both.

(d) the prevention and minimization, in as far as possible, air, water, soil and subsoil contamination.

3. the authorities formulate and develop, in the urban environment, the policies of their respective competence, in accordance with the principles of competitiveness and economic, social and environmental sustainability, territorial cohesion, energy efficiency and complexity, functional, seeking, be sufficiently endowed, and soil to deal efficiently, combining applications functionally. En_particular: to) enable residential use in constituent housing of habitual residence in an urban context, safe, clean, accessible universally, adequate and quality integrated socially, provided with the equipment, services, materials and products that eliminate or at least minimise, by application of the best technology available in the market at reasonable price, pollutants and greenhouse gas emissions the consumption of water, energy and waste, and improve their management.

(b) they shall foster and encourage the economic and social revitalization and adaptation, rehabilitation and occupation of empty homes or disused.

c) will improve the quality and functionality of facilities, infrastructure and public spaces in the service of all citizens and promote more efficient general services economically and environmentally.

(d) promote, with infrastructure, equipment, equipment and services that are necessary, the location of stable employment-generating economic activities, especially those that facilitate the development of scientific research and new technologies, improving productive tissues, using a smart management.

(e) ensure universal access of citizens, in accordance with minimum legal requirements, to use private and public buildings and infrastructure, equipment, facilities, transport and services.


(f) they shall ensure mobility in cost and reasonable amount of time, which shall be based on an appropriate balance between all transport systems, which, however, give preference to the public and collective transport and boost pedestrian movements and bicycling.

(g) they will be integrated into the urban fabric, how many applications are compatible with the residential function, to contribute to the balance of cities and residential centres, promoting the diversity of uses, the approximation of services, facilities and equipment to the resident community, as well as the cohesion and social integration.

(h) encourage the use of materials, products and clean technologies that reduce emissions of pollutants and greenhouse gases from the sector of the construction, as well as reused and recycled materials that contribute to improving efficiency in the use of resources and the protection of the atmosphere. They will also prevent and, in any case, will minimize to the greatest extent possible, implementation of all systems and legal procedures, the negative impacts of urban waste and noise pollution.

(i) they will prioritize renewable energy sources against the use of fossil energy sources and fight energy poverty, promoting energy saving and efficient use of resources and energy, preferably own generation.

(j) they will appreciate, in his case, the tourist perspective, and will enable and improve the responsible tourist use.

(k) they shall foster the enhancement of heritage urbanized and built with historical or cultural value.

(l) will contribute to a rational use of water, fostering a culture of efficiency in the use of water resources, based on the saving and reuse.

The pursuit of these purposes will be adapted to the peculiarities arising from the territorial model adopted in each case by the competent authorities in the field of territorial and town planning.

4. the public authorities shall promote the conditions so that the rights and duties of citizens laid down in the following articles are real and effective, taking the territorial and town planning measures that apply to ensure a balanced outcome, favouring or containing, as appropriate, the occupation and land transformation processes.

Soil linked to territorial and urban residential use is at the service of the realization of the right to enjoy a decent and proper housing in terms which provided for in legislation in the matter.

Article 4. Management of the territory and urban planning.

1. the town and country planning and the urban development are public functions not subject to transaction that organize and define the use of the territory and of the soil in accordance with the general interest, determining the powers and obligations of the right to ownership of land in accordance with the destination of this. This determination does not confer any right to demand compensation, except as expressly set forth in the laws.

The exercise of the power of territorial and town planning should be motivated, with expression of the general interest that it serves.

2 the law on territorial and urban development will ensure: to) the direction and control by the competent public administrations of the urban process in phases of occupation, urbanization, building or construction and land for any subjects, public and private use.

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

(c) the right to information of the citizens and of the representative institutions of the interests affected by planning processes, as well as citizen participation in urban planning and management.

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

4. the public administrations shall take measures that ensure the realization of the works of conservation, and the implementation of rehabilitation activities building, urban regeneration and renewal that are accurate and, where appropriate, formulate and execute instruments that establish them, where there are situations of failure or degradation of the requirements of functionality, safety and habitability of buildings; obsolescence or vulnerability of districts, areas, or homogeneous urban ensembles; or serious situations of energy poverty. They will be priority, in such cases, the measures that apply to eliminate substandard housing situations, to ensure the safety, health, habitability and universal accessibility and rational energy use, as well as those which, with such objectives, partan well own covered private initiative, well a broad participation in it.

Title I Basic conditions of equality in rights and constitutional duties of citizens chapter I Basic Statute of the citizen, article 5. Rights of the citizen.

All citizens have right to: to) enjoy a dignified, adequate and accessible housing designed in accordance with the principle of design for all persons, constituting your home free of noise or other inmisions pollutants of any kind exceeding the maximum limits allowed by applicable law and in appropriate environment and landscape.

(b) access, under non-discriminatory conditions and universal accessibility to the use of public facilities and collective facilities open to public use, in accordance with the regulatory law of the activity concerned.

(c) access to the information available to Governments on the management of the territory, the urban planning and its environmental assessment, as well as obtain copy or certification of the provisions or administrative acts adopted, in the terms set forth by its regulatory legislation.

(d) be informed by the competent administration, fully, in writing and within reasonable time, of the regime and the urban conditions applicable to a particular estate, in the terms set forth by its regulatory legislation.

(e) effective participation in the procedures of elaboration and approval of any instruments of management of the territory or of urban planning and execution and its environmental assessment through the formulation of claims, comments, proposals, representations and complaints and obtain from the Administration a knee-jerk nationalistic response, according to the regulatory law of the legal regime of this administration and of the procedure concerned.

(f) exercising public action to enforce determinations of territorial and urban development, as well as the resulting decisions of the procedures of environmental assessment projects for execution, on the terms set forth by its regulatory legislation and instruments containing them.

Article 6. Duties of the citizen.

All citizens have the duty of: to) respect and help preserve the environment and the natural landscape refraining from doing actions that pollute the air, water, soil and subsoil or not allowed by the legislation.

(b) comply with the requirements and conditions to which the legislation grasp annoying, unhealthy, harmful and dangerous activities, as well as use in them at every moment the best available techniques according to the applicable regulations, aimed at eliminating or reducing the negative effects mentioned.

(c) respect and make rational and suitable, consistent use anyway with their characteristics, function and capacity of service, of the goods in the public domain and infrastructure and urban services.

(d) respect and contribute to preserve the urban landscape and the architectural and cultural heritage to refrain in any case from any act or develop any activity not permitted.

Chapter II Basic Statute of the initiative and participation in urban activity article 7. Performances of urban transformation and building activities 1. A_efectos_de this Act, refers to actions of urban transformation: to) actions of urbanization, including: 1) of new development, involving the passage of a scope of the situation of rural soil soil to the of urbanized to create, together with the corresponding infrastructures and public facilities, one or more suitable plots for building or use independent and connected functionally to the network services required by territorial and town planning.

(2) those that relate to reform or renew the development of an area of urban land, in the same terms set forth in the preceding paragraph.

(b) the actions of staffing, considering as such which relate to increased public allocations of an area of urban land to reset their proportion with the higher density or density or new applications assigned in the planning to one or more parcels of the area and do not require the reform or renewal of the urbanization of this.

2 provided that the conditions laid down in the preceding paragraph, and for the sole purpose of the provisions of this law, not fulfilled means building performances, even when they require complementary development works: to) the new construction and replacement of the existing building.


(b)) rehabilitation building, understanding as such the realization of works and maintenance and intervention in existing buildings, facilities and common areas, in the terms set forth by the law 38/1999, of 5 November, of building management.

3 performances on traditional nuclei legally settled in rural areas will be les application as provided in the preceding paragraphs, in accordance with the nature that has them under its own legislation, in accordance with its specific peculiarities.

4. for the sole purpose of the provisions of this law, urbanization actions initiated at the moment are understood in that, once approved and effective all instruments of management and execution that requires territorial and town planning laws to legitimize the urbanization works, starts the material execution of these. Initiation shall be presumed where there is administrative or notarial act that bears witness of the beginning of the works. The expiry of any of the above-mentioned instruments restores, for the purposes of this Act, the soil to the situation in which he was at the beginning of the performance.

Completion of the actions of urbanization will occur when they conclude the field works in accordance with the instruments that legitimize them, having fulfilled the duties and raised the loads for. The termination shall be presumed to the reception of the works by the administration or, failing that, at the end of the period that should have been receiving from their request accompanied by a certificate issued by the technical direction of the works.

Article 8. Public and private initiative in proceedings of urban change and in the building.

1. the initiative to propose the management of proceedings of urban transformation and the building will starting from public administrations, public entities related or dependent on them, and arranged by applicable law conditions, owners.

In the case of actions on the urban environment, the initiative on the management of the actions may starting, addition, communities and groups of communities of owners, housing cooperatives constituted for that purpose, owners of constructions, buildings and urban farms, the holders of rights in rem or exploitation, and companies, entities or societies involved in the name of any of the above subjects. All of them will be considered owners for the purpose of exercising such an initiative.

2 individuals, whether or not owners, shall contribute, under the terms established in the laws, the urban action of public authorities, who shall be responsible, in any case, the direction of the process, both in the cases of public initiative, private.

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

1. public authorities may use to the development of the activity of execution of actions, all forms of direct and indirect management supported by the legislation of legal regime, hiring of public administrations, local government and territorial and town planning.

2. in the case of implementation of the actions referred to in this chapter by means of procedures of public initiative, eligible, both the owners of the land, and individuals who do not have that property, under the conditions provided for by the applicable legislation. This legislation will ensure that the exercise of free enterprise is attach to the principles of transparency, publicity and concurrence.

3. in proceedings of public initiative in the urban environment, the Administration will solve if you run works directly or if applicable to your award through the convening of a public contest, in which case, databases will determine the criteria for their allocation and the minimum percentage of built-up roof to be attributed to the owners of the immovable object of compulsory substitution , in horizontal property regime. In these contests may submit tenders any natural or legal persons interested in assuming the performance management, including owners who are part of the corresponding field. For such purposes, these must be previously constituted an administrative Association that will be governed by the provisions of the legislation of territorial and town planning, management in relation to urban conservation entities. Award of the contest shall take into account, on a preferential basis, those alternatives or offers proposed terms properly advantageous for owners affected, except in case of breach of the social function of property or deadlines for its implementation, establishing incentives, attracting investment and offering guarantees or possibilities for collaboration with them; and those that produce a greater benefit to the community as a whole and propose works of elimination of situations of infrahouse, legal duty of conservation, guarantee of universal accessibility, and improvement of energy efficiency.

Can also sign cooperation agreements between public authorities and public entities related or dependent on them, having as object, among others, to grant to a previously created Consortium, a joint company of limited duration, or indefinite, in which public administrations shall be entrusted the majority stake and execution shall serve, in any case 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 related or dependent thereof, may participate.

(((((a) communities and groups of communities of owners, b) housing cooperatives, c) owners of constructions, buildings and urban farms and holders of rights in rem or exploitation, d) companies, entities or companies involved for any title in such operations and e) administrative associations constituting as laid down by the law on territorial and urban development or , in its absence, by the following article.

5 all the subjects referred to in the preceding paragraph, may, in accordance with its own nature: to) Act in the real estate market with full legal capacity for all operations, including the credit, related to the fulfillment of the duty of conservation, as well as the participation in the implementation of rehabilitation activities and the regeneration and renewal urban matching. For this purpose may be elaborated, on its own initiative or on behalf of the responsible of the management of the activity concerned, the plan or corresponding to the performance management projects.

(b) establish administrative associations to participate in public tenders that the Administration convened for the purpose of awarding the execution of relevant works, as a fiduciary with full power device on the common elements of the corresponding building or complex real estate and farms belonging to the owners members of those, no more limitations than those laid down in the relevant statutes.

(c) assume, by themselves or in association with other individuals, public or private, involved, the management of the works.

(d) establish a fund conservation and rehabilitation, that nutria with specific input from owners for this purpose and to be able to cover unpaid contribution to the works corresponding fees.

(e) be direct beneficiaries of any building measures laid down by the public authorities, as well as recipients and managers of any aid granted to the owners of farms.

(f) granting deeds of modification of the horizontal property regime, both as regards the common elements as the farms of private use, in order to accommodate this regime results from the works of building rehabilitation, regeneration and renewal urban in whose management participate or who directly carried out.

(g) beneficiaries of the expropriation of parts of floors or local in buildings, predominantly earmarked use of housing and in the horizontal property regime, which are indispensable to install common services which is under Administration plans, delimitation of scopes and orders of execution, to be feasible, technically or economically be any other solution and provided that is guaranteed respect for the minimum area and the standards required for local dwellings and common areas of the buildings.

(h) apply for credits in order to obtain funding for conservation works and actions governed by this law.

6. the participation in the implementation of actions on the urban environment occur, whenever possible, in a regime of equidistribution of burdens and benefits.


7. both the owners, in cases of recognition of private initiative for the urban transformation or the building performance in the field concerned, as individuals, whether or not owners, in cases of public initiative that has been formally awarded private participation, will draft and submit to processing precise planning and management instruments , according to the applicable legislation. For this purpose, prior authorisation of the competent urban management, they are entitled to that provided them, by the public bodies, many pieces of information required to carry out the drafting, and to make necessary occupations for the drafting of the instrument pursuant to the law on compulsory expropriation on private farms.

8. the conventions or legal business which the promoter of the performance concludes with the corresponding administration, may not establish obligations or benefits additional or more onerous than come legally, to the detriment of the affected owners. Clause that contravenes these rules shall be null and void.

Article 10. Administrative associations.

1 administrative associations referred to in paragraph 4, letter e) of the preceding article will have its own legal personality and administrative nature, and will be governed by its statutes and by the provisions of this article, regardless of the other specific procedural rules arising from territorial and town planning legislation. They will depend on the corresponding urban administration, who is the approval of its statutes, from which moment will acquire legal personality.

2 these associations agreements shall be adopted by simple majority of participation fees, unless the statutes or other rules provided a quorum for certain cases. Such agreements may challenge in appeal before the corresponding urban administration.

3. the dissolution of the associations referred to in this article will be the fulfillment of the purposes for which they were created and will require, in any case, the corresponding urban administration agreement. However, shall be the approval of the dissolution of the entity while not stating the fulfilment of obligations which remain outstanding.

Chapter III legal status of the ownership of land article 11. Urban regime of the right of ownership of land.

1. the regulation of urban land property is statutory and results from its link to specific destinations, in the terms set forth by the law on territorial and urban development.

2. the forecast of buildability by territorial and town planning, management by itself, does not integrate it in the content of the right to ownership of land. The patrimonialization of buildability occurs only with their effective realization and is conditioned in any case to the fulfillment of the duties and the lifting of loads of the regime that corresponds, in the terms set forth by the law on territorial and urban development.

3. any act of building will require the Act of conformity, approval or administrative authorization that is mandatory, according to the law of territorial and town planning, and must be motivated their refusal. In no event may be acquired by administrative silence powers or rights which are contrary to the territorial and urban planning.

4 regardless of the provisions of the preceding paragraph, shall be express, with negative administrative silence, acts that authorize: to) movements of land, levelling, subdivisions, spin-offs or other acts of division of farms into any kind of soil, when they do not form part of a subdivision project.

b) works of building, construction and implementation of installations of new plant.

(c) the location of prefabricated houses and similar facilities, whether they are temporary or permanent.

(d) logging mass tree or shrub vegetation on land incorporated into processes of urban transformation and, in any case, when such logging arises from the law of protection of the public domain.

5 when applicable territorial and urban planning legislation grasp first occupation or use of buildings to a regime of prior communication or responsible statement, and those procedures isn't that the building meets the necessary requirements for the destination to the intended use, the administration which the communication is made shall take the necessary measures for the cessation of the occupation or use connected. If it does not adopt such measures within a period of six months, it will be responsible for any damages that may occur to third parties of good faith by the omission of such measures. The Administration may affect the subject required the presentation of prior communication or responsible statement the amount of such damages.

Both the practice of notice to the competent authority and measures of restoration of the urbanistic legality that could be adopted in relation to the Access Act, must be recorded in the registry of property, in the terms established by the mortgage law and this law.

Article 12. Content of the right of ownership of land: faculties.

1. the right of ownership of land includes the faculties of use, enjoyment and exploitation of the same in accordance with the State, classification, objective characteristics and destination you may have at any time, in accordance with the legislation applicable territorial and town planning management by reason of the characteristics and location of the good.

It also includes the Faculty of disposal, provided that its exercise will not infringe the regime of formation of farms and plots and relationship between them provided for in article 26.

2. faculties of the owner achieve flight with the ground to determine the instruments of urban planning, in accordance with applicable laws and with the limitations and easements that requires the protection of the public domain.

Article 13. Content of the right of ownership of land in rural situation: faculties.

1 on the ground in rural situation referred to in article 21.2, to), the faculties of law of property include the use, enjoy and dispose of lands in accordance with their nature, and must dedicate himself, within the limits that laws and the territorial and town planning, planning to use agricultural, livestock, forestry, hunting or any other linked to the rational use of natural resources.

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

Exceptionally and by the procedure and conditions provided for in territorial and town planning legislation, may legitimize acts and specific applications that are public or social interest that contribute to the management and rural development, or that have to be performed in the rural environment.

2 on the ground in rural situation for which territorial and town planning instruments provide for or permit their passage to the situation of urban land property law schools include the following: to) the right of consultation to the competent authorities, on the criteria and projections of the urban planning, sectoral projects and plans , and the works that will be performed to ensure the connection of urbanization with General services networks and, in his case, the enlargement and reinforcement of existing outside of the performance.

Territorial and town planning legislation will set the maximum term of contestation of the query, which may not exceed three months, unless a rule of legal rank provides one more, as well as the effects that follow from it. In any case, the alteration of the criteria and the forecasts provided in reply, within the period on which this takes effect, may be entitled to compensation for expenses incurred by the preparation of necessary projects that are useless, in the terms of the general regime of the liability of public administrations.

(b) the right to prepare and submit the instrument of management that, when the Administration has not reserved the public initiative of the planning and execution.

(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 owners affected in proportion to their contribution.

To exercise this power, or to ratify it, if it had pursued her before, owner shall have the deadline established by the law on territorial and urban planning, organisation, which may not be less than one month nor counted from an earlier one that can know the extent of loads of action and the criteria for their distribution among the affected.


(d) the realization of applications and works of a provisional basis which are authorized for not being expressly forbidden by territorial and town planning legislation, or the sectoral and consistent with the urban planning. These uses and works shall cease and, in any case, the urban administration agree to be demolished works, without any compensation, as.

The effectiveness of the corresponding authorisations, under the indicated conditions expressly accepted by their recipients, will be subject to its consistency in the land registry under the mortgage law.

Leasing and the right surface of the grounds referred to in this paragraph, or the temporary buildings that rise up in them, will be excluded from the special scheme for rural and urban leases, and, in any case, be completed automatically with the order of the administration of urban development according the demolition or eviction to implement development projects. In these cases there is no right to rehousing, or return.

(e) the right to use, enjoy and have the land in accordance with paragraph 1, provided that the exercise of these powers is compatible with the provision already contained in the instrument of territorial and urban planning in relation to its passage to the situation of urban land.

3. Notwithstanding the provisions of the preceding paragraphs, only may be altered delimitation of natural areas protected or areas included in the Natura 2000 network, reducing its total area or excluding land them, where changes in them by their natural, scientifically proven evolution justify it. The alteration should be public information, which in the case of the Natura 2000 network will be prior to the referral of the proposal's comments to the European Commission and the acceptance by it of such comments.

Article 14. Content of the right of ownership of land in situation of urbanized: faculties.

On the floor in the situation of urbanized, the faculties of law of property include, in addition to those set out in the letters to), b) and d) of paragraph 2 of the preceding article, where appropriate, the following: to) complete the urbanization of the land so that they comply with the requirements and conditions set out for its edification. This right may be exercised individually or, when the lands are subject to a performance of joint, with the owners of the field, as that provided for in legislation applicable.

(b) build on unit suitable to do so within the time limits established for this purpose in the legislation and carry out the necessary actions to maintain the building, at all times, in a good state of conservation.

(c) participate in the implementation of actions of reform or renewal of urbanization, or endowment in a regime of fair distribution of benefits and burdens, when appropriate, or distribution between all concerned, of the costs of implementation and benefits attributable to it, including public aid and all those who allow to generate some kind of income linked to the operation.

d) obtain, where appropriate, compliance or administrative authorization corresponding to perform any of the actions on the urban environment, what will determine the real condition directly and immediately, by legal definition, constituent farms of proprietary elements of regimes of horizontal property or complex property private, anyone who is its owner, to the fulfilment of the duty to pay for the works. The actual condition shall be recorded by a marginal note in the registry of property, consistently expresses its nature of collateral and to the same regimen of preference and priority set for the actual condition to the payment of urbanization on urban transformation actions.

Article 15. Content of the right of ownership of land: duties and charges.

1 the right of ownership of the land, the installations, facilities and buildings includes a general rule, anyone who is the situation in which they are found, the following duties: to) devote them to uses that are consistent with territorial and town planning.

(b) keep them in the legal conditions of safety, health, universal accessibility, ornato and others requiring laws to serve as support to such uses.

(c) carry out the additional works that the administration order for tourist or cultural reasons, or for the improvement of the quality and sustainability of the urban environment, to the extent of the legal duty of conservation. In this latter case, the works may consist in the fitness for all or any of the basic requirements laid down in the technical building code, must fix administration reasoned way the level of quality that must be achieved for each of them.

2. the legal duty of conservation constitutes the limit of the works to be executed at the expense of the owners. When this limit is exceeded, they will be paid by funds from the Administration ordered the works that pass for 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 to conservation of the buildings is set at half of the current value of construction of a building of new plant, equivalent to the original, in relation to the construction features and useful surface, carried out with the necessary conditions so that their occupation is allowable or , in his case, is able to be legally intended for use that you will own.

4. the competent authority may impose, at any time, carrying out works to comply with the legal duty of conservation, in accordance with the provisions of the State and regional legislation applicable. The Act firm approval of the administrative order of execution that corresponds, will determine the real condition directly and immediately, by legal definition, the property, to the fulfilment of the obligation of the duty of conservation. The actual condition shall be recorded, using marginal note in the land registry, with the same preference and priority regime established for the real condition, to the payment of charges of urbanization on urban transformation actions and express its character of security reference.

In accordance with the applicable legislation, in cases of unjustified nonperformance of the ordered works, within the given time to effect, will be its subsidiary realization by the competent public administration, replacing this to the owner or owners of the property or properties and assuming the Faculty build or rehabilitate them charge those, or the application of any other forms of administrative reaction to this election. In such cases, the maximum limit of the duty of conservation can be lifted, if so the autonomous legislation, provided up to 75% of the replacement cost of the building or the corresponding building. The corresponding administration shall refer to the registry of the property owner fails to comply with what was agreed by the Administration, once issued Declaration resolution of non-compliance and agreed to the application of the corresponding system, certification of the Act or corresponding acts for their perseverance by note aside from the last registration of domain.

Article 16. Content of the right of ownership of land in rural or vacant building situation: duties and charges.

1 on the ground that it is rural for the purposes of this Act, or vacant building, the duty to preserve it is Finance and execute the works necessary to maintain the grounds and its vegetable mass in conditions to avoid risks of erosion, fire, flood, as well as damage or injury to third parties or the general interest, including environmental; ensure the security, health or public; prevent contamination of soil, water or air and the undue pollutant Immissions in other goods and, where appropriate, to recover from them the terms set forth by the specific legislation; and ensure the establishment and functioning of the services resulting from uses and activities that take place in the soil. The fulfillment of this duty will not release additional standards of protection established legislation.

2. when the ground in rural situation is not subject to the regime of a performance of urbanization, the landlord will have, in addition to the provisions of the first paragraph, duty to satisfy economic benefits that establish, where appropriate, legislation on territorial and town planning, to legitimize uses private not linked to his primary holding soil, as well as the pay and in his case, execute infrastructure connection facilities and authorized construction, general services networks and hand them over to the competent administration for incorporation into the public domain, when they should be part of the same.

On this ground prohibited the urban allotments, without that can make divisions, spin-offs or divisions of any kind against the provisions of the agricultural, forestry legislation or of a similar nature.


3 when the ground in rural situation is subjected to the regime of a performance of urban transformation, the owner must assume, as load real, participation in the legal duties of the promotion of the action, in a regime of equitable distribution of benefits and burdens, as well as to occupy the goods necessary for the execution of the works, if any , the person in charge of executing the action, in terms of legislation on territorial and town planning.

Article 17. Content of the right of ownership of land in situation of urbanized: duties and charges.

1. on the ground in situation of urbanized, duty to use assumes the duties of complete the urbanization of the land with the requirements and conditions laid down for its edification and the duty to build within the time limits set out in applicable regulations, when so it provides by the urban planning and the conditions for it.

2 when the Administration imposed the realization of actions on the urban environment, the owner will have the duty to participate in its implementation in the scheme of distribution of benefits and burdens that corresponds, in the terms established in article 14.1. c).

3 in particular, case of buildings, comprises the legal duty of conservation, in addition to the General tasks required in accordance with the provisions of article 15, the realization of necessary works and works for: to) meet, in General, the basic requirements of the building established in article 3.1 of the law 38/1999 , 5 November, of building management.

(b) adapt and upgrade its facilities to legal rules which, for the existing building, are you explicitly enforceable at all times.

4. the legal duty of conservation, which will be the limit of the works to be executed at the expense of the owners when the administration order them tourist or cultural reasons, or for the improvement of the quality or sustainability of the urban environment, is set to half of the value of construction of a new plant building, current equivalent to the original in relation to the construction features and useful surface, made with necessary conditions so that their occupation is allowable or, where appropriate, be able to be legally used for the use that you own is. When this limit is exceeded, the works that pass for improvements of general interest shall be borne by funds from the Administration imposed its realization.

5 the realization of actions on urban environmental corresponds, in addition to those subjects that territorial and town planning legislation attributed this obligation, the following: a) owners and the holders of rights to use granted by them, in the agreed proportion in the corresponding contract or legal business that legitimises the occupation. In the absence of this, or when the contract does not contain any clause to the aforementioned proportion, will correspond to these or those, depending on whether the works they have the character of minor repairs motivated by daily use of the property, its facilities and services. The determination shall be done in accordance with the regulatory of the contractual relationship and, where appropriate, with the proportions listed in the registry of property, concerning good and its annexes elements of private use.

(b) communities of owners and, where appropriate, the groupings of communities of owners as well as housing cooperatives, with respect to the common elements of the construction, the building or real estate complex in regime of horizontal property and condominiums, without prejudice to the duty of the owners of farms or private use separate elements contribute , in accordance with the statutes of the community or group of communities or LCCU, the expenses incurred by the latter.

(c) public administrations, when they affect elements of the estate and there is no legal duty to owners assume their cost, or when they financed part of the operation with public funds, in the case of subsidiary performance, at the cost of the required.

Chapter IV Basic Statute of the promotion of the urban projects article 18. Duties related to the promotion of urban transformation actions and building activities.

1 actions of development referred to in article 7(1), to) involve the following legal obligations: to) deliver to the competent authority the reserved land for roads, open spaces, green and remaining areas public endowments included in own performance or attached to it to obtain.

These soils shall contain, when they should be part of performances of estate whose predominant use is residential, that the instrument of management ascribe to the public provision of housing subject to a regime of protection, with exclusive destination to the rent, both in cases that so is determined by the applicable law, as when in the instrument memory arises the need for this type of housing of rotational nature , and whose purpose is to meet temporary needs of groups with special difficulties in accessing housing.

b) deliver to the competent administration, and destined for public patrimony of flooring, free from urban development charges corresponding to the percentage of the weighted average buildability performance, or the higher level of reference in which it is included, which set the regulatory laws of territorial and town planning.

In General, the percentage referred to in the preceding paragraph may not be less than 5% nor higher than 15 per cent.

The law on territorial and urban development may allow exceptionally reduce or increase this percentage of form provided and motivated, up to a maximum of 20 per cent in the case of an increase, for the actions or the areas in which the value of the resulting plots is significantly below or above, respectively, to the middle in the remaining of the same category of soil.

The law on territorial and urban development may determine the cases and conditions in which fit to replace other forms of duty, the delivery of soil except when to fulfill land earmarked for housing subject to a regime of public protection under the reserve referred to in point (b)) of paragraph 1 of article 20.

(c) afford and, in his case, run all the urbanization works provided for in the corresponding action, as well as the infrastructure in connection with General networks of services and the expansion and strengthening of existing outside of the performance that is demanded by its size and specific characteristics, without prejudice to the right to reinstate installation of networks of services costs charged to the outsourcees , on the terms stipulated in the conventions that the effect is sign and that they must be approved by the corresponding administration. In the absence of agreement, the Administration will decide the appropriate.

Between the works and infrastructures referred to in the preceding paragraph, means including drinking water, supply and purification of water required in accordance with its regulatory legislation and legislation on territorial and town planning will also include the infrastructures of public transportation required for a sustainable mobility.

(d) deliver to administration competent, together with the corresponding ground works and infrastructures referred to in the previous letter, required to form part of the public domain as immovable support facilities of any networking equipment and services, as well as also these facilities when they are intended for the provision of public services.

(e) ensure the rehousing of legal occupants which is required to vacate real estate located within the area of action and they constitute their habitual residence, as well as return when they are entitled to it, in the terms established in the current legislation, without prejudice to the provisions of the following article.

f) compensate rights holders on constructions and buildings that need to be demolished and the works, installations, plantations and crops that they can not keep.

2 in the case of the performances of the equipment referred to in article 7.1 b), previous duties shall be charged with the following caveats: to) the duty to deliver to the competent authority the floor clear of urban development charges corresponding to the percentage of the weighted average buildability performance or the higher level of reference that this is included to set up the regulatory legislation of territorial and town planning, shall be determined only according to the increase in the weighted average buildability, where applicable, resulting from the amendment of the instrument of management. This duty can be met by replacing the delivery of soil for its value in cash, in order to afford the part of public funding that may be provided in the own performance, or to integrate in the public heritage of soil, with preferred destination activities and rehabilitation of urban regeneration and renewal.


(b) the duty to deliver to the relevant administration soil for public allocations related to the readjustment of its proportion, may be replaced, in the event of physical inability of materializing it into the corresponding field, delivery of built-up area or not-for-profit building, in a housing complex, located within the same, as stipulated in article 26.4, or other forms of fulfillment of the duty in the cases and conditions in which so provides the legislation on territorial and urban planning.

3 in connection with building actions will be required, in accordance with their nature and scope, the duties referred to in the letters e) and f) of paragraph 1 of this article, as well as the complete the urbanization of the land with the requirements and conditions laid down for its edification.

4. irrespective of the provisions of the preceding paragraphs, exceptionally and provided that it is adequately justified that there is no any other solution technically or economically viable, the instruments of urban planning may exempt from the duties of new releases of soil corresponding to them, to actions on areas with a high degree of degradation and material lack of land available in their immediate environment. The same rule may apply to increases in density or density that are accurate to replace the substandard housing with housing that meets the legally enforceable requirements, bound for the rehousing and the return that requires the corresponding action.

5. actions on traditional nuclei legally settled in rural areas, will incur the legal obligations established in the previous issues, according to the characteristics that these attributed its own legislation.

6. the land included in the scope of the proceedings and the attached to them are affected, as a matter of security, the fulfilment of the obligations of the preceding paragraphs. These duties are hypothesized compliments with the reception by the competent administration of the works of construction or rehabilitation and regeneration or renewal urban, or failing that, at the end of the term that should have been receiving from their request accompanied by a certificate issued by the technical direction of the works, without prejudice to the obligations arising from the liquidation of the final accounts of the action.

Article 19. Rehousing and return rights.

1 in the implementation of actions on the urban environment requiring the eviction of legal occupants of properties which constitute its habitual residence, should guarantee the right of those to the rehousing under the terms established by this article and the law on territorial and urban development: to) the Administration expropriating or, where applicable, the beneficiary of expropriation If acts of expropriation. For this purpose, should be available to those homes in current conditions of sale or rent for housing subject to a system of public protection and surface suitable to their needs, within the limits established by the protective legislation. The delivery of the replacement housing, in the regime in which the expropriated, it came occupying will be equivalent to the payment of the fair price expropriation, except that the expropriated chooses to perceive it in cash, in which case you will not be entitled for relocation.

(b) the promoter of the performance, when it acts through fields of joint management, through not expropriation proceedings. In these cases, the promoter shall ensure the rehousing, in the conditions that establish the applicable legislation.

2. when acting in isolation and not appropriate to apply the expropriation, tenants who, as a result of the works of rehabilitation or demolition may not make use of leased dwellings, shall have the right to temporary accommodation, as well as return when possible, being both claim rights against the owner of the new building, and by the time remaining until the end of the contract.

To make effective the right of return, the farm owner shall provide a new dwelling, whose surface is not inferior to fifty percent of the former and always have, at least ninety square meters, or for not less than that has, if not reached the surface, features similar to that which is located on the same site or in the environment of the building demolished or rehabilitated.

3. the right to rehousing is personal and non-transferable, except in the case of the forced heirs or the surviving spouse, always and when they prove that they share with the owner in terms of habitual residence, the dwelling object of the relocation.

4 all rehousing procedure shall respect, at least, the following common procedural standards: to) acting administrator will identify legal occupant referred to in paragraph 1, by any means accepted in law and notify them the inclusion of the property in the corresponding performance, giving them a procedure of hearing that, in the event that there is also a period of public information It will match this.

(b) during the processing of audience or information to the public, stakeholders, in addition to certify that they meet the legal requirements to be holders of the right to rehousing may request recognition of this right or waive its exercise. The absence of reply will not prevent the Administration to continue the procedure.

(c) once the procedure laid down in the previous letter, the administration shall adopt the definitive list of people who are eligible for rehousing, if it had not already previously and shall notify those affected.

(d) despite the provisions of the preceding paragraphs, may recognize the right to rehousing of other people who, subsequent to the corresponding time, prove that they meet the legal requirements to be eligible for this.

5. to give effect to the right to rehousing will be necessary to provide a home for each of the houses affected by the action, either in the same scope, or, if not possible, as close to the same. When it is not physically possible to offer such housing, the holders of the right to rehousing will be entitled to its economic equivalent.

Replacement housing will have a surface suitable to the needs of the holder of the right to rehousing and, in the case that this was a person with disabilities, will be homeownership accessible or according to the needs arising from disability.

The right to rehousing will respect in any case limits established by legislation on housing which applies.

6 the recognition of the right to rehousing is independent of the right to receive the compensation that corresponds, when becoming extinct pre-existing rights, except as provided in the letter a) of paragraph 1.

Title II Bases of the regime of soil, common procedural regulations and civil rules chapter I the regulation of article 20 land Bases. Basic criteria for land use.

1 to give effect to the principles and the rights and duties set forth in the preliminary title and title I, respectively, public administrations, and in particular the competent in matters of territorial and town planning, must be: to) attribute a destination that behave or make possible the transition from the situation of rural land to the urban land in territorial and town planning , through urbanization, on the ground necessary to satisfy the needs that justify it, prevent speculation with him and preserve urbanization to the rest of the rural soil.

b) allocate land suitable and sufficient for productive purposes and for residential use, with reservation in all case of a part provided to housing subject to a regime of public protection that, at least, establish your maximum price in sale, rental or other forms of access to housing, such as the surface rights or administrative concession.

This reserve shall be determined by the law on territorial and urban development or, in accordance with it, by the instruments of management, will ensure a distribution of its location that is respectful of the principle of social cohesion and shall include, at a minimum, the land required for the 30 percent of the residential building planned by the urban planning in rural soil that will be included in performances of new construction and 10 per cent in the urban land that must undergo reform or renewal of urbanization performances.

However, such legislation may also set or exceptionally allow a lower reserve or hold harmless for certain municipalities or performances, provided that, in the case of performances of new development, ensure an instrument of management the full compliance of the reservation within its territorial scope and distribution of its location that is respectful of the principle of social cohesion.

(c) assist, in management of the uses of the soil, to the principles of universal accessibility, equality of treatment and opportunity between women and men, mobility, energy efficiency, security of supply of water, prevention of natural hazards and accidents, prevention and protection from pollution and limitation of their consequences for health or the environment.


2 installations, facilities and buildings shall, without the frills, to suit the environment in which they were located, and for this purpose, in places of natural and open landscape, either rural or maritime, or perspectives that offer the urban ensembles of historical-artistic, traditional or typical characteristics, and close to highways and roads of picturesque journey you will not be allowed that the situation, mass, height of buildings, walls and closures, or the installation of other elements, limit the field of vision to see the natural beauties, break the harmony of the landscape or deface the perspective of it.

Article 21. Basic situations of soil.

1. all of the land is, for the purposes of this Act, in one of the basic situations of rural land or urban land.

2 is in the situation of rural soil: to) in any case, the soil preserved by territorial and town planning of its transformation through the estate, which shall include, as a minimum, the land excluded from such a transformation by the legislation of protection or police of public, nature or cultural heritage, which should be subject to such protection in accordance with territorial and town planning by the values in them concurrent including the ecological, agricultural, livestock, forestry and landscape, as well as those with natural or technological risks including flooding or other serious accidents, and many others provide for territorial and urban planning legislation.

(b) the ground for which territorial and town planning instruments provide for or permit their passage to the situation of urban land, until the corresponding performance of urbanization, and anyone else who does not meet the requirements referred to in the following paragraph.

3 is in the situation of urban land which, being legally integrated in an urban mesh formed by a network of roads, endowments and plots kernel or settlement of that part, to fulfil one of the following conditions: to) have been developed in the execution of the instrument of management.

b) have installed and operational, in accordance with applicable town planning legislation, infrastructures and services needed, through your network connection, to meet the demand of applications and existing or planned by the urban planning buildings or get to rely on them without other works that the connection with the pre-existing facilities. The fact that soil is adjacent with bypass roads or interurban roads not behave itself, its consideration as urban land.

(c) to be occupied by the building, in the percentage of spaces suitable for it to be determined by the law of territorial and urban planning, sorting according to the management proposed by the corresponding planning instrument.

4. also is in the situation of urban land, the one included in the traditional rural communities legally settled in rural areas, provided that territorial and town planning law qualification assimilated or urban soil condition and when, in accordance with her, have endowments, infrastructure and services required for that purpose.

Article 22. Evaluation and monitoring of the sustainability of urban development, and guarantee of technical and economic viability of the performances on the urban environment.

1. the instruments of territorial and town planning are subject to environmental assessment in accordance with the provisions of the legislation of evaluation of the effects of certain plans and programmes on the environment and in this article, without prejudice to the assessment of environmental impact of the projects that are required for their implementation, where appropriate.

2. the report of environmental sustainability of actions of estate management tools should include a map of natural hazards in the sort order field.

3 in the phase of consultations on actions of estate management tools, must collect at least the following reports are mandatory and they had not been already issued and incorporated into the record or be issued at a later stage of the proceedings in accordance with its regulatory legislation: to) the Administration water about the existence of water resources to meet the new demands and on the protection of the public water domain.

b) the of the coastal Administration on the demarcation and protection of the terrestrial public, where appropriate.

(c) of the competent administrations on highways and other affected infrastructure, about the condition and the impact of the action on the serviceability of such infrastructures.

The reports referred to in this section are determinants for the content of environmental memory, which may only dissent of them expressly motivated way.

4 management of the actions of urban transformation tools documentation must include a report or economic sustainability, in which shall be weighted, in particular, the impact of the action on public finances affected the implementation and maintenance of the necessary infrastructure or making up and the provision of the services as well as the adequacy and suitability of the soil intended for productive uses.

5. the planning and implementation of actions on the urban environment, whether or not urban transformation, will require the development of a memory that will ensure its economic viability, in terms of profitability, for adaptation to the limits of the legal duty of conservation and an appropriate balance between the benefits and burdens derived from it, for owners included in its scope (, and shall contain at least the following elements: a) a comparative study of existing urban parameters and, where appropriate, the proposed, with identification of the basic urban determinations concerning buildability, applications and building typologies and public networks that should be amended. Memory will analyse, in particular, amendments on increase in density or density, or introduction of new uses, as well as the possible use of soil, flight and ground in a differentiated way, to achieve a better approach to the economic balance, the profitability of the operation and not overcoming the limits of the legal duty of conservation.

(b) the basic economic determinations relating to the values of impact of each proposed urban use, estimation of the amount of the investment, including both supports public, direct and indirect, as the corresponding indemnities, as well as the identification of the subject or subjects responsible for the duty to afford public networks.

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

The analysis referred to in the preceding paragraph shall contain, where appropriate, the possible participation of companies of rehabilitation or energy, water supply, or of telecommunications service providers, when they assume the commitment to integrate into management, through the funding of part of it, or the infrastructure network that complete you, as well as the financing of the operation by means of deferred savings in time.

(d) the time horizon which, if any, is necessary to ensure the amortization of investments and financing of the operation.

e) evaluation of the public capacity to ensure funding and maintenance of public networks which need to be financed by the Administration, as well as its impact on the corresponding treasuries.

6. the competent authorities in the field of urban planning and execution must raise organ matching between their collegiate governing bodies, with the minimum frequency fixed by legislation in the matter, a follow-up report on the activity of planning execution of its competition, which should be considered at least the environmental and economic sustainability to which this article refers.

The municipalities are obliged to report referred to in the preceding paragraph when law requires it in the matter and, at least, when should have a Board of Local Government.

The report referred to in the preceding paragraphs may dispense the effects characteristic of the monitoring referred to in the law of evaluation of the effects of certain plans and programmes on the environment, when it meets all the requirements therein.

7. the law on territorial and urban development will establish in which cases the impact of one action of urbanization requires to exercise fully the power of ordination of the municipality or the upper territory in which it is incorporated, transcend the significant effects that it generates on the environment of the concrete scope of the action.

Chapter II common procedural rules and regulations article 23 civilians. Operations of distribution of benefits and burdens.


1 approval of the instruments of distribution of benefits and burdens agreement has the effect of subrogation of the farms of origin by the result and the distribution of ownership among the owners, the promoter of the action, when it is paid through the allocation of plots included therein, and the Administration, which has the full domain free of charge from the land that referred to) and b) (1) of article 18. In this case, whether the distribution of benefits and burdens among the owners affected by the action, means that the owner of the land in question provides both its ground surface, as that of the subsoil, or flight that is secreted.

2. in the event of real subrogation, if there are real rights or loads that may be incompatible with the urban planning, the approval agreement for the distribution of benefits and burdens will declare its extinction and fix compensation corresponding to respective owner.

3 existing real subrogation and compatibility with the urban planning, if the situation and characteristics of the new estate were inconsistent with the subsistence of rights in rem or loads that would have been due fall on them, people that these duties or charges favoured may obtain its transformation into a right of credit mortgage on the new property in the amount in which the load was valued.

The Registrar of property that appreciate such incompatibility shall keep it so in the respective seat. In the absence of agreement between the parties concerned, any of them can go to the competent court of civil order to obtain a resolution declaratory of the consistency or inconsistency and, in the latter case, to fix the valuation of the load and the Constitution of the mentioned mortgage.

4 when not real subrogation takes place, the approval agreement for the distribution of benefits and burdens will result in the extinction of actual rights and charges constituted on the provided farm, run by the owner that it gave appropriate compensation, whose amount shall be fixed in the agreement.

5. Notwithstanding provisions of paragraphs 2 and 4, reparations for the extinction of land easements or rights of lease incompatible with the instrument of urban planning or its execution, shall be deemed costs of urbanization in the instrument's distribution of benefits and burdens.

6. strong administrative once the agreement's final approval of the distribution of benefits and burdens, will proceed to registration in the land registry in the form referred to in article 68.

7. the transmission of land to distributive operations of benefits and burdens result for contribution of the owners included the performance of urban transformation, or under compulsory purchase, and allotments in favour of such owners in proportion contributed by the same grounds, exempt, permanently, if they meet all the requirements of urban planning , conveyances and documented legal acts tax and will not have the consideration of transmissions of domain for the purposes of the levy of the tax on the increase of the value of the land of urban nature.

When the value of the plots allocated to an owner exceed that proportion corresponds to the grounds provided by the same, are flipped from settlements in terms of excess.

Article 24. The performances on the urban environment-specific rules.

1. actions on the urban environment involving the need to alter the existing urban planning, observed the procedural formalities required by the law applicable to the corresponding modification. However, such legislation may provide for certain programs or other management instruments to be adopted simultaneously to that modification, or independently of it, by the procedures of adoption of the regulations, with the same effects that would have the own development plans. In any case, incorporate the report or economic sustainability that regulates (5) of article 22.

Actions that do not require the alteration of the existing urban planning, require the delimitation and approval of a field of joint action, which may be continuous or discontinuous, or the identification of the isolated action corresponding, on the proposal of the subjects referred to in article 8, and election of the City Council.

2 administrative agreement which will delimit the areas of joint action or be authorized the actions that need to run in an isolated manner, will ensure, in any case, the realization of the notifications required by the applicable legislation and the processing of information to the public where this is prescribed, containing, in addition and as a minimum, the following: to) advance of equidistribution which is accurate meaning the distribution between all concerned, of the costs of the execution of the corresponding performance and benefits attributable to it, including public aid and all that to generate some kind of income linked to the operation.

The equidistribution will take as a basis the participation fees that correspond to each of the owners in the community or group of communities of owners, housing cooperatives that could be the effect, as well as the participation, where appropriate, appropriate, in accordance with the agreement that has been reached, the companies entities or companies that go to intervene in the operation, to reward his performance.

(b) the plan of rehousing temporary and definitive, and return to take place, if necessary.

3. the spatial delimitation of the scope of action, either together or isolated, once steadfast in administrative, marks the start of actions to be carried out, in accordance with the form of management that has chosen the corresponding administration.

4 it will be possible to deal with open spaces or public domain surfaces that are indispensable for the installation of lifts or other elements that ensure universal accessibility, as well as surfaces common to private use, such as hallways, landings, jackets, overhangs and porches, both if they are located on the ground, as in the ground or in flight, when it is not feasible , technique or economically, no other solution and provided that locks the functionality of free spaces, endowments and other elements of the public domain.

The instruments of urban planning will ensure the application of the basic rule established in the preceding paragraph, allowing that areas not counted for the purpose of building volume, or minimum distances to boundaries, other buildings or public roads or alignments, well by applying any other technique that, in accordance with the applicable legislation, get the same purpose.

Also, the firm agreement in administrative proceedings referred to in paragraph 2, in addition to the purposes specified in article 42.3, legitimises the occupation of surfaces of open spaces or public domain municipal owned, being the final approval causes sufficient for the establishment of a grant of use of the flight by the time in maintaining the building or in your case, retraining and deallocation, with transfer back to the community or group of communities of owners corresponding. When necessary to occupy public property belonging to other administrations, councils may apply to its holder the cession of use or deallocation of the same, which shall be, where appropriate, in accordance with the provisions of the regulatory legislation of the corresponding property.

5 in the preceding paragraph shall also apply to spaces that require carrying out works that will at least reduce by 30 percent the annual energy demand for heating or cooling of the building and which consist of: to) the installation of thermal insulation or facades ventilated by the exterior of the building, or the window or glazing of the terraces and roofed.

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

(c) the execution of the works and the establishment of the necessary facilities for centralization or provision of common energy installations and solar panels or other renewable energy sources, on facades or roofs when they get to reduce the annual building non-renewable primary energy consumption, at least by 30 percent.

(d) the realization of works in common areas or homes that achieve, at least by 30 percent, reduce the consumption of water throughout the building.

6. when the actions referred to in the preceding paragraphs relating to properties declared of cultural interest or subject to any other system of protection, innovative solutions that allow you to make the adjustments that are precise to improve energy efficiency and ensure accessibility, without prejudice to the necessary preservation of values protected will be searched. In any case, they must be reported favorably, or authorized, if necessary, by the competent authority for the management of the regime of protection applicable, in accordance with its own legislation.


Article 25. Publicity and efficiency in urban governance.

1. all instruments of spatial planning and management and planning execution, including the distribution of benefits and burdens, as well as the agreements expected to be signed by the competent authority, with that object should be subjected to the procedure for public information under the terms and by the deadline established legislation in the matter, which will never be less than the minimum required by the legislation on common administrative procedure , and must be published in the form and with the content that determine the laws.

2. the final approval of all the instruments of territorial and urban development agreements will be published in the «Official Gazette» corresponding. Regarding the rules and Ordinances contained in such instruments, it will be to the provisions of the applicable legislation.

3 the procedures of approval or alteration of instruments of urban planning, exposed to the public documentation should include an expressive Executive summary of the following: a) delimitation of the areas in which the projected management alters the current, with a map of its location, and extent of such alteration.

(b) where appropriate, the areas in which suspension of management or execution or urban intervention procedures and duration of the suspension.

4. the competent public administrations will boost advertising telematics of the content of the instruments of territorial and town planning in force, as well as the announcement of its subjection to public information.

5 when urban legislation open to individuals the initiative's approval of instruments of management or urban enforcement procedures, the failure to resolve within the established deadline will result in compensation to stakeholders by the amount of the expenses that were incurred for the submission of their applications, except in cases that must be approved or favorably resolved by administrative silence in accordance with applicable law.

6. the instruments of urban planning whose approval procedure is initiated ex officio by the competent administration for your instruction, but an organ of authority of another jurisdiction whose final approval shall be definitively approved in the term indicated the urbanistic legislation.

7. in any case, in the processing of instruments of territorial and town planning it shall ensure the hearing process to public administration whose competence could be affected.

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

1 is: to) farm: the unit floor or building attributed exclusive and so a landlord or several in undivided, that can be placed in the ground, in flight or in the basement. When, as mortgage legislation, be able to open folio in the land registry, it has consideration of estate registry.

(b) plot: the unit of land, both on the ground as in the flight or the basement, having attributed buildability and use or use only urban independent.

2. the division or segregation of one farm to give rise to two or more different is only possible if each of the resulting meets the characteristics required by the applicable legislation and territorial and town planning. This rule is also applicable to the disposal, without division or segregation of undivided shares are given to the right to exclusive use of specific portions of the estate, as well as the establishment of associations or societies in which the quality of partner incorporates the right of exclusive use or portion.

In the authorization of writings of segregation or division of estates, notaries shall require, for their testimony, documentary accreditation of conformity, approval or administrative authorization is subject, where appropriate, the division or segregation according to the applicable law. Compliance with this requirement will be required by registrars to practise the corresponding inscription.

Notaries and registrars of property shall set forth in the description of farms, in your case, your quality of indivisible.

3. the administrative act which legitimizes the edification of a plot that is indivisible, depletion of buildability allowed it or be less than the minimum plot remaining surface, be transmitted to the registry of property for their perseverance in the inscription of the property.

4. the Constitution of the farm or farms in horizontal property or complex real estate scheme authorizes to consider its total area as a single parcel, provided that within the perimeter of this there is no surface which, in accordance with the applicable territorial and urban planning, should have the status of public domain, be of public use or support to infrastructure works or can be computed for the purposes of the fulfilment of the legal duty to be (referred to) of paragraph 1 of article 18.

The housing complex may be constituted on a single estate or several, without prior grouping, provided that they are adjoining each other or are only separated by floors which according to territorial and urban planning, should have the status of public domain, be of public use, support to infrastructure works, or be Computable for purposes of compliance with the duty to give the Administration the ground reserved for vials , open spaces, green and other public facilities included in the own performance or attached to it to obtain.

5. when planning instruments intended for overlapping surfaces, on the ground and the ground or flight, building or private use and the public domain shall constitute a real estate complex of urban character in which those and this will have the character of special properties of custodial, previous attribution deallocation and with the limitations and easements which may be applicable for the protection of the public domain. Such farms will be formed, both buildings already made, floors not built, provided that its physical configuration meets the compartmental system laid down in the instrument of management.

6. the Constitution and modification of complex private real estate, of the type of the regulated as a special property regimes, by article 24 of law 49/1960 of 21 July on Horizontal property must be authorised by the competent authority where is locate the farm or farms on which constitute such a regime, being a prerequisite for its registration that accompany the administrative authorisation granted or attorney the same testimony to the corresponding title.

Will not be required such authorization in the following cases: to) when the number and characteristics of the resulting proprietary elements of the real estate complex are resulting from the building permit authorizing the construction of the buildings that make up one.

(b) modification of the complex do not induce an increase in the number of its proprietary elements.

For the purposes provided in this issue is considered real estate complex any unitary organization of real estate scheme in which distinguish proprietary, subject to an exclusive property, elements and common elements, whose ownership corresponds, with instrumental nature and percentage fees, who at every moment to be holders of the proprietary elements.

Article 27. Transfer of farms and urban duties.

1. the transmission of properties does not change the location of the holder with respect to the duties of the owner in accordance with this law and the established by the legislation of regional planning and urban development applicable or enforceable by execution of the same acts. The transferee is subrogated in the rights and duties of the previous owner, as well as by the obligations against the competent administration and that have been subject of registration, provided that such obligations relate to a possible effect of juridico-real mutation.

2 in the alienation of land, should be recorded in the corresponding title: to) the situation of urban land, when they are not susceptible to private use or building, have buildings outside management or intended for housing subject to a regime of public protection that allows you to price your maximum price for sale, rental or other forms of access to housing.

(b) the legal duties and obligations pending meet, where the lands are subject to one of the activities referred to in paragraph 1 of article 7.

3. the violation of any of the provisions of the preceding paragraph allows the purchaser to rescind the contract within the period of four years and demand compensation that proceed in accordance with the civil legislation.


4. on the occasion of the approval of deeds affecting the ownership of farms or plots, notaries may request the competent public information telematics management or, failing that, card or expressive written report of its urban situation and the duties and obligations whose fulfilment are affected. Notaries shall send to the competent administration for its due knowledge, simple copy on paper or in digital format of the writings for which they had requested and obtained urban information, within ten days of its granting. This copy does not accrue tariff.

5. in titles that are transmitted land administration should be specified, for purposes of registration in the land registry, demanial character or patrimonial assets and, where appropriate, their incorporation into the public patrimony of soil.

Article 28. Declaration of new work.

1. to authorize writings of Declaration of new work in progress, notaries shall require, for their testimony, the contribution made by the Act of conformity, approval or administrative authorization required by the work according to territorial and town planning legislation, as well as certificate issued by competent and accredited technician of the setting of the description of the work to the project that has been subject to this administrative act.

For writings of Declaration of new work finished, will require, in addition to the certificate issued by competent technician supporting the completion of this in accordance with the description of the project, the documents certifying the following: a) the fulfilment of all the requirements imposed by the regulatory legislation of the building for the delivery to your users and b) the granting of the necessary administrative authorisations to ensure that the building meets the conditions necessary for its destination to use provided for in the applicable urban planning and energy efficiency requirements as they claim by the regulations in force, except that the urbanistic legislation holding such actions to a regime of prior notification or responsible statement, in which case those authorizations shall be replaced by the documents certifying that the communication has been made and that the deadline has elapsed so that the corresponding activity can begin , without which the registration of the property the existence of obstativa resolution is any.

2. to practice the corresponding inscriptions of Scripture's Declaration of new work, the registrars of property shall require compliance with requirements set forth in the preceding paragraph.

3. in those cases in which the description of the finished work does not match which will be recorded in the registry of property, have led to modifications in the project, the registration record of the completion of the work occurs through a seat of inscription, whose extension is subject to provisions in paragraph 1 in relation to the requirements for the registration of the completed new works.

4 Notwithstanding the provisions of the preceding paragraph, in the case of buildings, buildings and installations which already not appropriate adopt measures of restoration of urbanistic legality involving its demolition by the corresponding limitation periods have elapsed, constant registration of the completion of the work shall be governed by the following procedure: a) the writings of Declaration of new work accompanying certification shall be entered in the registry of property issued by the City Council or by competent technical, descriptive notary of the farm or cadastral certification descriptive and graphic of the estate, in which record the completion of the work on certain date and coincident with the title description. For such purposes, the Registrar will check the absence of preventive annotation by initiation of urban development discipline on the estate record object of construction, building and installation it is and that the soil has no character demanial or is affected by public utility easements.

(b) registrars of property will give account to the respective city of registrations made in the assumptions included in the previous issues, and shall be noted on the inscription, dispatch note, and in formal advertising which issued the practice of such notification.

(c) when the new construction has been included without certificate issued by the corresponding city, this, upon receipt of the information referred to in the previous letter, shall be required to enact the resolution necessary to register in the land registry, by note apart from the registration of the Declaration of new work, the specific urban situation in the same with the delimitation of their content and indication expresses constraints that impose on the owner.

The omission of the resolution that the practice agreed the aforementioned marginal note will lead to the responsibility of the competent authority in the case that economic damages occur to the purchaser in good faith of the property affected by the record. In such a case, the above-mentioned administration shall indemnify the purchaser in good faith caused damages.

Title III the report's assessment of the buildings article 29. The report of assessment of buildings.

1 property owners located in buildings with residential housing typology may be required by the competent administration, in accordance with the provisions of the following article, so that they prove the situation in which there are those, at least in relation to the State of conservation of the building and compliance with current legislation on universal accessibility , as well as on the degree of energy efficiency thereof.

2 the evaluation report which determine the ends indicated in the previous section, identify the real estate, with its cadastral reference expression and will contain, in a detailed way: to) the evaluation of the State of conservation of the building.

(b) the evaluation of the basic conditions of universal accessibility and non-discrimination of persons with disabilities to access and use of the building, in accordance with the regulations, establishing whether or not the building is capable of making reasonable adjustments to meet them.

(c) the certification of the energy efficiency of the building, with the content and by means of the procedure laid down for it by the regulations in force.

Where, in accordance with the regional or municipal legislation, there is a report of technical inspection which are already assessing the ends indicated in the letters a) and b) above, may be complemented with the certification referred to in point (c)), and shall have the same effects as regulated by this law report. Also when it contains all the required elements in accordance with the regulations, you can refill the effects resulting from it, the possible requirement to rectify the deficiencies observed, both regarding the possible realization of them instead and at the expense of the required, irrespective of the application of the disciplinary and punitive measures that apply , in accordance with the applicable town planning legislation.

3. the evaluation report carried out by custom of the community or group of communities that relate to the whole of a building or housing complex will extend its efficacy to all and each of the premises and existing housing.

4. the evaluation report shall have a minimum intervals of ten years, being able to establish the autonomous communities and the municipalities one lower frequency.

5. the breach of the duty to fill in time and form the assessment report covered by this article and the second transitional provision will be considered urban development infraction, with the character and the consequences that attributed the urban regulations applicable to the breach of the duty to provide the technical inspection report of buildings or equivalent, in the expressly stated term.

6 property owners forced to the report covered by this article shall send a copy thereof to the body determined by the autonomous community, so that information is part of a single integrated registration. The same rule will apply in relation to the report stating the corresponding works, in cases in which the evaluation report integrates the corresponding to the technical inspection, in the terms referred to in the last subparagraph of paragraph 2, and always that latter stemmed the need to remedy the shortcomings observed in the building.

Article 30. Training to sign the report of assessment of buildings.


1. the report of the evaluation of the buildings may be signed both by technical competent physicians and, where appropriate, by registered inspection entities that could exist in the autonomous communities, provided that they have these technicians. Such effects are considered technical competent physician who is in possession of any of the academic qualifications and professional authorization for projects or construction management and execution management for construction works, as set out in the law 38/1999, of 5 November, of building management, or has credited the necessary qualification for the preparation of the report , as set out in the first final provision.

These technicians, when they consider it necessary, may collect, in relation to aspects relating to the universal accessibility, the expert approach of the entities and associations of people with disabilities who have a proven history in the territory concerned and have between their social aims the promotion of the accessibility.

2. in the case of buildings belonging to the public administrations listed in article 2 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, can sign the evaluation reports, in his case, leaders of the corresponding technical services which, due to their professional training, can assume the same functions that referred to in the preceding paragraph.

3. the deficiencies that are observed in relation to the evaluation of the provisions of article 29.2 are justified in the report at the discretion and responsibility of the competent technician who subscribes to it.

Title IV inter-authority cooperation and collaboration article 31. Inter-administrative cooperation.

1 may benefit from collaboration and economic cooperation of the General Administration of the State, in any of the forms provided for legally and considering priority existing State aid proceedings with coverage in the State plan aimed: to) conservation, building rehabilitation and regeneration and renewal urban as defined in this law and devise in the State plan.

(b) the preparation and approval of the instruments necessary for the planning and management of the activities regulated by this law and, in particular, those who have designed Act on gradients, disadvantaged and vulnerable urban areas or who suffer problems of a similar nature that combine economic, social and environmental variables.

(c) any other action which, irrespective of the provisions in the previous letter, have as object to act in areas of management isolation or together, in order to eliminate the substandard housing, ensure universal accessibility or improve the energy efficiency of buildings.

2. the public administrations shall promote jointly economic activity, environmental sustainability and social and territorial cohesion. For this purpose, they can sign inter-administrative agreements of allocation of funds that correspond.

Article 32. Organization of cooperation.

1 the public authorities which cooperate in the management of the activities regulated by this law may agree through an agreement, in which eligible communities and groups of communities of owners, as well as, where appropriate, associations administrative one and other and other subjects mentioned in article 9.4, the following aspects: to) the organisation of the management of the execution that it may take the form of consortium or joint venture, even with minority private equity company.

(b) the procedure and the competition for the determination of the Manager directly responsible of the execution when one of the involved administrations do not assume it directly or the Consortium or society constituted for the purpose.

(c) the terms and the specific conditions, including subsidies and public incentives, management and execution of the actions concerned, which may, in turn, be clarified by agreements between the manager responsible for the performance and any of the subjects referred to in article 9.

2. all the conventions referred to in the preceding paragraph will be administrative, corresponding to the contentious knowledge of any issues related to them.

Article 33. Agreements for the financing of actions.

1 the administrations public performers, the agents responsible for the management and execution of actions building rehabilitation and urban regeneration and renewal, as well as the other subjects mentioned in article 9.4, may conclude among themselves, for the purpose of facilitating the management and execution of them, among others, the following contracts: to) contract of transfer, with faculty of leasing or granting of right of exploitation to third parties urban farms or elements of these are given in Exchange for the deferred payment of the part of the cost that corresponds to pay owners of farms.

(b) agreement of Exchange or transfer of land or part of the building subject to rehabilitation by specific future building.

(c) contract of lease or grant of use of premises, housing or any other element of a building by a specified period in return for payment by the tenant or assignee of the payment of all or any of the following: taxes, fees, contributions to the community or group of communities of owners or cooperative, works of rehabilitation and urban regeneration and renewal and conservation expenses.

(d) Convention of holding joint property or parts thereof.

2 in the case of housing cooperatives, contracts to which the lyrics refer to) and c) of the preceding paragraph only will reach to the business premises and facilities and complementary owned buildings, as it establishes its specific legislation.

Title V assessment article 34. Scope of the ratings system.

1 estimations of soil, installations, constructions and buildings, and constituted rights on or in connection with them, are governed by the provisions of this law when they have as their object: to) the verification operations of distribution of benefits and charges or other precise for the implementation of territorial and town planning in which assessment determine equity content of powers or duties of the property right in the absence of agreement between all the subjects affected.

(b) the fixing of the fair price in the expropriation, that is the purpose of this and the legislation that motivates it.

(c) fixing the price to be paid to the owner in forced sale or replacement.

(d) the determination of the liability of the public administration.

2 estimations are understood concerned: to) when in the case of transactions referred to in the letter to) of the previous paragraph, the date of initiation of the procedure for adoption of the instrument that motivates them.

(b) when the compulsory purchase, applies at the moment of initiating the case of individualized fair price or exposure to the public of the proposed expropriation if the procedure of joint appraisal.

(c) in the case of sale or replacement forced, at the time of the initiation of the proceedings for a declaration of failure to fulfil the obligation that motivates it.

(d) when is the assessment necessary for the purpose of determining compensation for patrimonial responsibility of the public administration, at the time of the entry into force of the provision or the beginning of the effectiveness of the act causing the injury.

Article 35. General criteria for the assessment of real estate.

1. the value of the ground corresponds to your full domain, free of any charge, lien or limited right to property.

2. the soil is assessed in the way established in the following articles, depending on your situation, regardless of the cause of the assessment and the legal instrument that motivates it.

This criterion shall also apply to soil earmarked for infrastructure and public services supramunicipal public interest, both if they were provided by territorial and town planning as if they were newly created, whose valuation shall be determined according to the basic situation of the land in which they are located or which run in accordance with the provisions of this law.

3 buildings, constructions and facilities, the crops and plantations in the rural land, tasarán regardless of the land provided that they conform to the legality at the time of the evaluation, are compatible with the use or performance that are considered in the assessment of soil and have not been taken into account in this assessment because of its character of permanent improvements.

In the urban land, buildings, constructions and installations that adhere to the legality tasarán together with the floor as provided in paragraph 2 of article 37.

Means that the buildings, constructions and installations conform to the legality at the time of his assessment when they were in accordance with the urban planning and the legitimising administrative act requiring, or have been subsequently legalized in accordance with the provisions of the town planning legislation.


The evaluation of buildings or constructions will take into account its antiquity and its conservation status. If they have been falling in the situation outside of management, its value shall be reduced in proportion to the elapsed time of your life.

4. the assessment of administrative concessions and real rights on real estate, for the purpose of its creation, modification or termination, shall be carried out pursuant to the expropriation provisions that specifically determine the fair price of the same; and secondarily, according to the rules of administrative, civil or fiscal law resulting from implementation.

To expropriate a farm taxed with loads, management making it choose between set the fair price of each of the rights that compete with the domain, to distribute to the holders of each of them, or rating the property as a whole and consign the amount held by the Court, so this set and distribute , by the formality of the incidents, the proportion corresponding to the respective stakeholders.

Article 36. Assessment in rural soil.

1 when the ground is rural for the purposes of this Act and in accordance with the provisions of the seventh additional provision: to) land tasarán by the capitalization of real or potential annual income, which is greater, operating according to its State at the time that the assessment should understand referred.

The potential income is calculated according to performance of the use, enjoyment or exploitation that susceptible the land according to the legislation applicable to them, using the normal technical means for their production. It will include, where appropriate, as income subsidies, with stable character, be awarded to the crops and land use considered for its calculation and for the considered operation costs will be deducted.

The rural land value thus obtained can be corrected upward on the basis of objective factors of location, such as accessibility to population centres or centres of economic activity or the location in environments of singular environmental or scenic value, weighting and whose application will have to be justified in the corresponding record of assessment, in the terms established by law.

(b) the buildings, constructions and installations, when be assessed regardless of the soil, is tasarán by the method of cost of replacement according to their status and seniority at the time that the assessment should understand referred.

(c) plantations and the preexisting fields as well as compensation by reason of leases or other rights, is tasarán according to the criteria for compulsory purchase and leases law.

2. in none of the cases provided for in the preceding paragraph may be considered expectations arising from the assignment of edificabilidades and applications by territorial and urban planning that have not been yet fully done.

Article 37. The urban land valuation.

1 for the estimation of the urban land that is not built or the existing or in course of execution building is illegal or is in situation of physical ruin: to) is considered as use and development potential of reference the attributed to the plot by the urban planning, including where appropriate housing subject to a regime of protection that allows you to price your maximum price for sale or rent.

If the land do not have assigned buildability or private by the urban planning, will be them the average density and the majority use in the field of homogeneous space that uses and types the urban planning has included them.

b) shall apply to such building the value of impact of soil according to the corresponding application, determined by the static residual method.

(c) of the amount resulting from the previous letter will be deducted, in his case, the value of the duties and charges pending in order to make the planned building.

2 case of built-up soil or in course of construction, the pricing will be the higher of the following: to) determined by pricing joint soil and existing construction that conforms to legality, by the comparison method, applied exclusively to the existing building or construction applications already realized.

(b) determined by the residual method of paragraph 1 of this article, only applied to the soil, regardless of the existing building or construction already carried out.

3. where in the case of urban land subjected to actions of reform or renewal of urbanization, the residual method referred to in the preceding paragraphs will consider applications and edificabilidades attributed by management in their location of origin.

Article 38. Indemnification of faculty participate in performances of new development.

1 will be rating the power to participate in the implementation of a new development role when there are the following requirements: to) that the lands have been included in the delimitation of the scope of the action and give the requirements to get started or to expropriate the land corresponding, in accordance with the legislation.

(b) that the provision, the Act or the fact that motivates the assessment prevents the exercise of that power or alter the conditions of its exercise by modifying the land use or reducing their development potential.

(c) to the provision, the Act or the fact referred to in the previous letter have effects prior to commencement of the action and the expiry of the periods established for that period, or later if the execution had not been conducted for reasons attributable to the administration.

(d) that the assessment do not bring causes of non-compliance with the duties inherent to the exercise of the power.

(2 compensation by preventing the exercise of the right to participate in the performance or alter their conditions will be the result of applying the same percentage determined by legislation on territorial and urban development planning for the participation of the community in capital gains in accordance with the provisions of point (b)) of the first paragraph of article 18 of this law (: a) the difference between the value of the soil in their location of origin and the value that would have him if the performance, was finished when to prevent the exercise of this right.

b) A caused decreases it in value that corresponds to the ground if finished the performance, when the conditions of exercise of the power to alter.

Article 39. Compensation of the initiative and the promotion of urbanization and building activities.

1 when they accrued useless for who has incurred them by effect of the provision, act or the fact that motivates the assessment, the following expenses and costs are tasarán by the amount increased by the risk-free rate and the risk premium: to) those that incurred for the preparation of the project or technical instruments of management and execution projects in accordance with the territorial and town planning legislation, needed to legitimize a performance development, building, or conservation or rehabilitation of the building.

(b)) the works rush and the financing, management and promotion to the execution of the action.

(c) the compensation paid.

2. once initiated, the performances of urbanization will be assessed as provided in the preceding paragraph or in proportion to the degree achieved in its implementation, what is greater, provided that this execution develops in accordance with the instruments that legitimize it and not be have failed deadlines laid down therein. To do this, the degree of execution is assigned a value between 0 and 1, which shall be multiplied: to) by the difference between the value of the soil in their location of origin and the value that would have him if the performance, was finished when the provision, act or fact that motivates the assessment prevents its completion.

(b) by the caused decrease in value that corresponds to the ground if finished the performance, when only will alter the conditions of its execution, without preventing its completion.

The compensation obtained by the method set out in this section will never be less than the established in the previous article and will be distributed proportionally among the bidders of the performance resulting plots.

3. when performance promoter is not paid through award of resulting plots, severance pay will be deducted from the owners and shall be calculated by applying the risk-free rate and the risk premium to the part let perceive the remuneration that it has established.

4. the owners of the soil which were not the day in compliance with their duties and obligations, will be compensated for the expenses and costs referred to in paragraph 1, that is tasarán in the actually incurred amount.

Article 40. Assessment of soil in regime of equidistribution of benefits and burdens.

1 when, in the absence of agreement among all the affected subjects, be assessed contributions of land owners participate in a performance of urbanization in the exercise of the option provided for in point (c)) of paragraph 2 of article 13, for weighing them with each other or with the promoter or the Administration, contributions for the purposes of the distribution of benefits and burdens and the awarding of resulting plots , land is assessed by the value that you would be if you were finished the performance.


2. in the case of owners who may not participate in the allocation of estate performance resulting plots because of the inadequacy of their contribution, the soil is assessed by the value that would have him if the performance, was finished discounted costs of urbanization increased by the risk-free rate and the risk premium.

Article 41. The assessment regime.

The valuation is performed, in all no provisions of this law: to) in accordance with the criteria that determine the territorial and town planning laws, when it is aimed at the verification of accurate operations for the implementation of the urban planning and, in particular, the distribution of benefits and burdens she derived.

(b) in accordance with the criteria of the general legislation of compulsory expropriation and responsibility of public authorities, as appropriate, in the remaining cases.

Title VI compulsory purchase and liability article 42. Regime of the expropriation on the basis of territorial and town planning.

1. the expropriation on the basis of territorial and town planning can be applied for the purposes provided for in the regulatory legislation of such management, in accordance with the provisions of this law and in the law on compulsory expropriation.

2. the adoption of the instruments of territorial and urban planning that determines its regulatory legislation will involve the Declaration of public utility and the need for occupation of the property and corresponding rights, when these instruments enable for its execution and this should occur by expropriation.

Such declaration shall extend to the precise grounds to connect the action of urbanization with General services networks, when required.

3. the spatial delimitation of an environment for the realization of actions on the urban environment, either joint or isolated, a firm administrative time, involves the Declaration of public utility or, where appropriate, the social interest, for the purposes of the application of schemes of expropriation, forced of goods and rights necessary for its execution sale and replacement , and its subject to rights of first refusal and withdrawal in favor of the corresponding administration, as well as those others expressly derived from the provisions of the applicable legislation.

4 when expropriation object surface there are goods of public domain and destination thereof, depending on the instrument of management, other than that motivated their involvement or affiliation to the General-purpose or public services, be followed, where appropriate, the procedure laid down in the regulatory legislation of the corresponding good for mutation demanial or deallocation , as appropriate.

The rural roads that are covered on the surface object of expropriation shall be municipal property, unless proven otherwise. In terms of the urban roads that disappear, you'll understand transmitted full to the expropriating authority and subrogated by the new resulting from the urban planning.

5. natural or legal persons subrogated in the powers of the State, autonomous communities or local authorities for the implementation of plans or certain works shall be regarded as beneficiaries of the expropriation.

Article 43. Fair price.

1. the fair price of the goods and rights expropriated shall be determined according to the criteria of valuation of this law by individual record or by the joint valuation procedure. If there is agreement with the expropriated, it can meet in kind.

2. Notwithstanding the provisions in the preceding paragraph, when apply the expropriation actions on urban environmental management, not be the consent of the owner to pay the fair price expropriation in species, provided that it is carried out within the own field of management and within the time period established for the completion of the relevant works. Also the release of expropriation will not exceptional, and may be agreed at its discretion by the inspecting administration, when they will provide sufficient guarantees, freed owner, in relation to the fulfilment of the obligations that apply to you.

3. the actions of the expropriation dossier will follow with those who appear as interested in the project of delimitation, drawn up in accordance with the law on compulsory expropriation or prove in legal form, be real holders of the goods or rights against what you say the project. In the joint valuation procedure, errors not reported and justified in the phase of public information not give rise to invalidity or replacement of performances, however, keeping interested parties their right to be compensated in a way that corresponds.

4 arrived the time of payment of the fair price, will only proceed to make it effective, consigning otherwise, those interested that provide certification registry on their behalf, in which record have spread the article 32 of the rules of mortgage note or, failing, supporting their right titles, completed with negative of the property registry certifications relating to the same building described in the titles. If any charges should appear the holders thereof.

5. when there are pronouncements registration contrary to reality, the fair price to whom them have rectified or distorted by any of the means listed in the mortgage legislation or act of notoriety processed in accordance with article 209 of the Notarial regulation may be paid.

Article 44. Occupation and registration in the land registry.

1. the Act of occupation for each farm or affected by the expropriation procedure will be inscribable title, whenever you bring in your description, identification under the mortgage law, its cadastral reference and your graphic using a coordinate system and which is accompanied by the certificate of payment or receipt of the entry of the corresponding price.

For purposes of the provisions of the preceding paragraph, the cadastral reference and graphical representation may be substituted for a graphic and descriptive cadastral certification of the property concerned.

Object of the performance surface shall be entered as one or more registry farms, without the obstacle for this lack of registration in any of these farms. On affected farms and then the note concerning mortgage legislation on seats resulting from compulsory purchase procedures, will be extended another in which the expropriated portion will be identified if the action does not affect the totality of the estate.

2. If when the inscription arose doubts based on the existence, within the footprint of any registry property not considered in the expropriation procedure, will be this circumstance to the attention of the competent authority, without prejudice to proceed with the registration.

3. the administrative acts of creation, modification or forced termination of easements will be registered in the registry of property, in the manner provided for the proceedings of expropriation.

Article 45. Purchase free of charge.

1 complete the expropriation dossier, and raised once the Act or acts of occupation with the requirements laid down in the general legislation of compulsory purchase, means that the Administration has acquired, free of charges, the farm or farms included in the record.

The Administration will be kept in the possession of the estates, once registered their right, without that fit exercise no real or interdictal action against the same.

2. If subsequent to the completion of the record, once lifted the occupation Act and registered farms or rights on behalf of the Administration, aparecieren third parties not taken into account in the record, these shall remain and may exercise all personal actions could correspond to them to perceive the fair price or expropriatory allowances and discuss the amount.

3. on the assumption that, once fully record, aparecieren farms or previously registered rights not taken into account, the expropriating administration, of its own motion or at the request of the interested party or his own recorder, it will request this to practice the corresponding cancellation. Such properties or rights holders must be compensated by expropriating administration, which will formulate a supplementary record with corresponding appreciation leaves, processed according to the procedure that has been followed for the rest of the farms, notwithstanding that such holders can exercise any action that might correspond to them.

4. If the fair price has been paid to who appear in the record as a registered holder, the action of third parties not may contact against expropriating if they not appeared during the proceedings, in time.

Article 46. Modalities of management of expropriation.

1. local authorities may promote, for the management of the expropriations, associations with other public administrations or private, modalities in accordance with the law of local and urban development regime.

2. for the best fulfillment of the purpose expressed in the previous section, may also entrust the exercise of expropriation powers to other public administrations.


3. the provisions of the preceding paragraphs shall be without prejudice of the powers recognized expressly by law to certain public bodies concerning expropriation.

Article 47. Alleged reversion and repricing.

1 if it is to alter the use that motivated the expropriation of land by virtue of modification or revision of territorial and town planning instrument, comes the reversion unless any of the following circumstances: to) public dotacional use that had motivated the expropriation had been effectively implemented and maintained for eight years, either, or that the new use assigned to the ground is equally dotacional public.

(b) have been the expropriation for the formation or expansion of a public of soil property, provided that the new use is compatible with the aims of this.

(c) have been the expropriation for the execution of an action of urbanization.

(d) have been the expropriation for breach of duties or not lifting the own of the regime applicable to land under this Act.

(e) any of the remaining cases not appropriate in accordance with the law on compulsory expropriation reversion.

2 in the cases in which the soil has been expropriated to execute a performance of urbanization: to) comes the reversion, when ten years have elapsed since the expropriation without that urbanization is concluded.

(b) proceeds the repricing will alter the development potential of the soil, under an amendment to the instrument of territorial and urban planning that is not made within the framework of a new full exercise of the power of ordination, or the applications and you might imply an increase in its value according to the criteria applied in the expropriation.

The new value is determined through the application of the same criteria of assessment to new uses and edificabilidades. It shall be the difference between that value and the result of updating the fair price for the expropriated or his successors in title.

In matters not provided for by the preceding paragraph, shall apply to the right of repricing provisions for the right of reversion, including their access to the land registry.

3. not applicable reversion when the expropriated ground your flight or underground, in accordance with the provisions of paragraph 5 of article 26, secrete provided that the dotacional public use for which was expropriated or any of the other circumstances provided for in paragraph first.

Article 48. So-called compensation.

Lead in any case to claims injuries in goods and rights resulting from the following assumptions: to) the alteration of the conditions of execution of urbanization, or the conditions of participation of the owners, by change of territorial and urban planning or act or business of the adjudication of such activity , provided that occurs within deadlines envisaged for their development or, after these, if the execution has not taken effect for reasons attributable to the administration.

Outside management situations caused by changes in the territorial and urban planning will not be compensable, without prejudice to that can be the impossibility to use and enjoy lawfully construction or building involved in this situation during its useful life.

(b) linkages and unique limitations exceed the legally established duties with regard to constructions and buildings, or carrying with them a restriction of buildability or use that is not subject to equitable distribution.

(c) the modification or termination of the effectiveness of the enabling administrative titles of works and activities, determined by the subsequent change of territorial and urban planning.

(d) the cancellation of the enabling administrative titles of works and activities, as well as the undue delay in its issuance and its wrongful refusal. In any case there is place to compensation if there is serious fraud, fault or negligence attributable to the injured person.

(e) the occupation of terrains by territorial and urban planning to public endowments, for the period of time that mediate from the occupation of the same until the final adoption of the instrument by which are awarded to the owner others of equivalent value. The right to compensation shall be fixed under the terms laid down in article 112 of the law on compulsory expropriation.

After four years of occupation without that final approval of the mentioned instrument had occurred, stakeholders may be the warning to the competent administration of its intention to start fair price record, being empowered to initiate it, by sending to that of the corresponding sheet of appreciation, once within six months after that warning.

Title VII social function of ownership and management of the soil chapter I sale and replacement forced article 49. Origin and scope of forced sale or replacement.

1 failure to comply with the duties set out in this law will enable the inspecting Administration to order, ex officio or at the request of the person concerned, and in any case, after hearing of the obligor, the subsidiary execution, expropriation for breach of the social function of property, the application of the regime of forced sale or replacement or any other consequences of legislation on territorial and town planning.

2. the forced substitution aims to ensure compliance with the corresponding duty, through the imposition of its exercise, which may be carried out in the horizontal property regime with the current owner of the soil, in the event of a breach of the duties of building or conservation of buildings.

3. in the event of expropriation, forced sale or replacement referred to in this article, the content of the right of ownership of land never can be reduced by applicable regulatory laws of territorial and urban development management in a higher percentage to 50 percent of its value, the difference corresponding to the administration.

Article 50. Forced sale or replacement regime.

1. the sale or forced substitution will start ex officio or at the request of the person concerned and will be awarded through advertising and competition procedure.

2 issued Declaration resolution of non-compliance and agreed to the application of the corresponding system, the corresponding administration shall forward to the land registry certification of the Act or corresponding acts for their perseverance by note aside from the last domain registration. The situation of subsidiary execution, expropriation for breach of the social function of property, the application of the system of forced sale or replacement, or any other to which the corresponding property is subject, is recorded in registration certificates that are issued.

3. when the procedure determines the award by application of forced sale or replacement, once solved the same, the corresponding administration shall issue certification of such an award, which will be inscribable title in the land registry, which shall set forth the conditions and deadlines for fulfillment of the duty that the purchaser is obligated as a shattering of the acquisition.

Chapter II public wealth of land article 51. Concept and purpose.

1 in order to regulate the land market, obtain reservations of land for actions of public initiative and facilitate the implementation of territorial and town planning, integrated public assets of soil property, resources and rights that acquires the administration under the duty referred to in the letter b) of paragraph 1 of article 18 , without prejudice to others to be determined by the law on territorial and urban development.

2. the assets of the public wealth of land constitute a separate heritage and income earned by the alienation of the land belonging to them or replacing money referred to in point (b)) of paragraph 1 of article 18, will be allocated to the conservation, management and extension of the same, provided that only capital expenditures are funded and the legislation that applies to them is not broken , or to own their target applications.

Article 52. Destination.

1 the goods and resources necessarily constituting the public wealth of soil by virtue of the provisions of paragraph 1 of the preceding article, shall be earmarked for housing subject to a regime of public protection, except as provided in article 18.2 to). They may be used also to other uses of social interest, in accordance with the available instruments of urban planning, only when so legislation in this field by specifying the permissible purposes, which will be urban, protection or improvement of immovable cultural heritage or socio-economic or natural spaces provides it for needs that require the integrated nature of operations of urban regeneration.


2. the lands acquired by management under the duty referred to in point (b)) of paragraph 1 of article 18, which are intended for housing subject to a regime of public protection that allows you to price your maximum price, rental or other forms of access to housing, not may be awarded, or in the transmission or in the successive for a price higher than the maximum value of impact of soil on the type of housing in question, according to its regulatory legislation. In the administrative proceedings and in the Act or contract of alienation shall be recorded this limitation.

3. the limitations, obligations, terms or conditions of destination of part of a public heritage of soil farms that are recorded in the disposals of such estates are registrable in the land registry, however the provisions of article 27 of the mortgage law and notwithstanding that its breach would lead to the resolution of alienation.

4 access to the land registry of the limitations, obligations, terms or conditions referred to in the preceding paragraph causes the following effects: to) when they are configured as a cause of resolution, this shall be recorded in virtue of the consent of the purchaser, by the unilateral act of the Administration holder of the public heritage of soil from which proceeds the alienated property , provided that the Act is no longer susceptible of any ordinary resource, administrative or judicial.

Notwithstanding the termination of the contract, alienating Administration may concern the practice of preventive annotation of the pretension of resolution in the manner provided by the mortgage legislation for preventive annotations derived from the initiation of procedure of urban development discipline.

(b) in another case, the entry will produce the effects of marginal notes of conditions imposed on certain farms.

5 exceptionally, municipalities that have a public heritage of soil, will destine it to reduce debt commercial and financial City Council, provided that all the following requirements are fulfilled: to) have approved the budget of the Local authority of the current year and liquidated those of previous years.

(b) have the record of the municipal heritage of the soil properly updated.

(c) that the municipal budget has correctly accounted for headings of the municipal heritage of soil.

(d) that there is an agreement of the plenary of the Corporation Local which is justified that it is not necessary to spend those amounts to the purposes of the public patrimony of the soil and that will be allocated to the reduction of the debt of the Local Corporation, indicating the mode in which will be returning.

e) that has been obtained the prior approval from the authority exercised by the financial supervision.

The amount that will be available will be replaced by Local Corporation, within a maximum period of ten years, in accordance with rates fixed by agreement of the plenary for the return to the municipal patrimony of the soil of the quantities used and annuities.

Also, budgets in the years following the adoption of the agreement must be collected, charged to current income, annuities referred to in the preceding paragraph.

Chapter III right of surface article 53. Content, Constitution and regime.

1. the real surface rights attributed to the superficiario the right to make constructions or buildings on the ground and in flight and the basement of a foreign estate, keeping the temporal property of constructions or buildings made.

Also, it may be that right about constructions, or already made buildings or homes, premises or proprietary elements of constructions or buildings, attributing to the superficiario temporary ownership of the same, without prejudice to the property separated from the owner of the ground.

2. so the surface right is validly constituted its formalization in public deed and this registration in the land registry are required. In writing you should necessarily fix the period of duration of the surface rights, which may not exceed ninety-nine-year-old.

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

3. the right to surface can be for payment or free. In the first case, the consideration of the superficiario may consist in the payment of a lump sum or a periodic fee, or in the allocation of housing or premises or rights of lease of one or the other in favour of the owner of the ground, or several of these modalities at the same time, without prejudice to the total reversal of the built at the end of the agreed period constitutes the surface rights.

4. the surface rights is governed by the provisions of this chapter, by the civil law in matters not provided for by him and by establishing the right title.

Article 54. Transmission, assessment and extinction.

1. the right of surface is susceptible to transmission and assessment with the fixed limitations constitute it.

2 where the characteristics of the construction or building permit, the superficiario will constitute the superficiaria property in horizontal property regime with separation of the field corresponding to the owner, and may transmit and taxed as independent farms housing, premises and the proprietary elements of the property during the term of the surface right, without the consent of the owner of the ground.

3. in the Constitution of the surface rights clauses and covenants relating to rights of first refusal, withdrawal and resales in favour of the owner of the ground, in the case of transmissions from the right or the elements referred to, respectively, the previous two sections may be included.

4. the owner of the soil can transmit and taxing their right with separation of the right of the superficiario and without consent. The subsoil will correspond to the owner of the ground and will be subject to transmission and assessment together with this, except that it has been included in the surface rights.

5. the surface right is extinguished if it builds in accordance with the territorial and urban planning within the period provided in the title of the Constitution and, in any case, by the course of the term of the right.

The extinction of the surface rights for the period of its term, the owner of the soil endorses the built property, without that should satisfy compensation any anyone who is the title under which it had set up right. However, they may agree on are standards on the rule of the law of surface settlement.

The extinction of the surface rights for the period of its term of duration determines the of any kind of real or personal rights imposed by the superficiario.

If for any reason to meet the rights of property of soil and those of the superficiario, the burdens that fall on one and another right will continue taxing them separately to the course of the term of the surface rights.

Title VIII legal regime illegal and with Ministry Prosecutor article 55 chapter I proceedings. Null void acts.

Shall be null and void the administrative acts of intervention issued with violation of management of green areas or spaces provided for in the instruments of urban planning. While the works are ongoing, will proceed to the suspension of the effects of the legitimating administrative act and the adoption of other measures which may be applicable. If the works were finished, be ex officio review by the procedures provided for in the legislation of common administrative procedure.

Article 56. Constituent offences of crime.

Evidence of the character of crime of the very fact that motivated its initiation, the body competent to impose the sanction shall inform of the public prosecutor's Office, for the purposes of the requirement of the responsibilities of penal order which have been incurred by offenders appear on when upon administrative records that disposal for urban development infraction or against the management of the territory refraining one of continuing the sanctions proceedings while the judicial authority not has spoken. The criminal sanction will exclude the imposition of administrative penalty, without prejudice to the adoption of measures of reinstatement to the situation before the Commission of the offence.

Chapter II requests, acts and agreements article 57. Requests.

Local authorities and urban agencies must resolve well-founded requests that are addressed to them.

Article 58. Administration sued in subrogation.

Decisions which they adopt regional bodies through subrogation shall be considered as acts of the City Council incumbent, for the sole purpose of allowable resources.

Article 59. Enforcement and means of enforcement.

1. the municipalities may use enforcement and route of enforcement to enforce duties to the owners, individual or associated, and promoters of urban transformation actions.

2 implementation and enforcement procedures be directed primarily against the assets of those who have not fulfilled their obligations, and only in the event of insolvency, against the administrative Association of owners.

3. also, may exercise the same powers, at the request of the Association against owners who failed commitments with her.


Article 60. Review of nursing.

Local authorities may review ex officio its acts and agreements in the field of urban development pursuant to the provisions of the legislation of legal regime of public administrations.

Chapter III actions and resources article 61. Character of the acts and agreements regulated town planning legislation.

They will have administrative legal all issues that will arise during or as a consequence of the acts and agreements regulated urban legislation applicable between the competent bodies of public administrations and the owners, individual or associated, or promoters of urban transformation actions, including with respect to transfers of land for urban development or build.

Article 62. Public action.

1 will be public action to demand before administrative bodies and the administrative courts the observance of legislation and other instruments of territorial and town planning.

2. If such an action is motivated by the execution of works that are considered illegal, you can exercise during the execution of the same and to the course of the deadlines for the adoption of measures for the protection of the urbanistic legality.

Article 63. Action before the ordinary courts.

Owners and holders of rights in rem, in addition to the provisions of the preceding article, may require the demolition of works and installations that violate provisions regarding the distance between buildings, wells, cisterns, or pits, community building elements or other urban, as well as provisions relating to uncomfortable, unsanitary or hazardous applications that are directly designed to foster the use of other farms before the ordinary courts.

Article 64. Contentious-administrative appeal.

1. the acts of local authorities, what ever their object, that put an end to the administrative procedure shall be appealable directly before the contentious.

2. the acts of final adoption of the instruments of regional planning and in management and execution planning, without prejudice to administrative remedies that may be, can be challenged before the contentious, in the terms prevented by its regulatory legislation.

Chapter IV registration of property article 65. Registered acts.

1 will be registered in the land registry: to) acts firm approval of records of implementation of the urban planning insofar as they involve the modification of the registry farms affected by the instrument of ordination, the attribution of the domain or of other rights in rem over them or the establishment of real guarantees of the obligation of execution or conservation of the estate and the buildings.

(b) transfers of land on a mandatory basis in the cases provided by law or as a result of transfers of urban exploitation.

(c) the initiation of record on urban development discipline or restoration of the urbanistic legality, or those that relate to the administrative enforcement to ensure both compliance with the sanctions imposed, as for resolutions to restore broken urban order.

(d) the special conditions to hold the acts of conformity, approval or administrative authorization, in the terms provided for by law.

(e) acts of transfer and assessment of urban achievement.

(f) the filing of contentious-administrative appeal seeking the annulment of instruments of urban planning, execution, or administrative acts of intervention.

(g) the administrative acts and statements, in both strong cases, in which declare the cancellation referred to in the previous letter, when they materialize in certain farms and its owner has been involved in the procedure.

(h) any other administrative act which, in development of urban planning or implementing instruments changed, since then or in the future, the domain or any other real rights on certain farms or the description of these.

2. in any case, in the initiation of processes of urban development discipline affecting performances by virtue of which carry out the creation of new registry properties by way of allotment, land subdivision in any of its forms, Declaration of new construction or creation of horizontal property regime, the administration shall be obliged to agree to practice in the land registry the preventive annotation referred to in article 67.2.

The omission of the resolution by which the practice is agreed this preventive annotation will lead to the responsibility of the competent authority in the case that economic damages occur to the purchaser in good faith of the property affected by the record. In such a case, the above-mentioned administration shall indemnify the purchaser in good faith caused damages.

3 registered the allotment or re-Division of estates, the Declaration of new constructions or the establishment of regimes of horizontal property, registered, where applicable, sets real estate, the Land Registrar shall notify the competent autonomous community the realization of the corresponding inscriptions, with the resulting data from the registry. The communication, which shall be recorded by a note aside from the corresponding inscriptions, will accompany certification operations and the administrative authorization that is incorporated or join the registered title.

Article 66. Administrative certification.

Except in the cases provided by legislation something else, the acts referred to in the preceding article may register in the registry of property through administrative certification issued by urban body acting, in which shall be entered in the form required by the mortgage legislation the circumstances relating to persons, rights, and farms to affect the agreement.

Article 67. Classes of seats.

1 shall be entered by means of registration acts and agreements referred to in the lyrics to), b), g) and h) of paragraph 1 of article 65, as well as the area occupied in favor of the Administration, because it is land earmarked for public facilities by territorial and town planning.

2 shall be entered by means of preventive annotation acts of the letters c)) and (f) of paragraph 1 and paragraph 2 of article 65, to be practiced on the farm in which falls the corresponding record. Such annotations will expire four years and may be extended at the request of acting urban organ or the Court resolution, respectively.

3. it shall set forth by marginal note other acts and agreements referred to in article 65. Unless otherwise expressly provided, marginal notes have indefinite validity, but will not produce another effect which inform the planning situation at the time referred to in the title which originated them.

Article 68. Records of distribution of benefits and burdens.

1 initiation of record distribution of benefits and burdens that corresponds or the condition of the land covered by a performance of urban transformation to the fulfillment of the obligations inherent in the form of management that is appropriate, shall be entered in the registry by note aside from the last registration of domain of the corresponding properties.

2. the marginal note will have a duration of three years and may be extended for another three years to instance of organ or group of urban interest has applied for its practice.

3. the registration of titles for distribution of benefits and burdens may carry out, either through direct cancellation of inscriptions and other existing seats of the originating farms, with reference to the registry folio of the resulting properties of the project, either through previous grouping of the totality of the surface covered by the performance of urban transformation and its division in all and each one of the resulting properties of distribution operations.

4 taken the note referred to in paragraph 1, the following effects occur: to) if the title adjudicare resulting farm in the registry owner of the original property, the registration shall be in favour of it.

(b) if the title atribuyere the resulting farm registration holder of the original estate according to the content of the certification that gave rise to the practice of the note, registration shall be in favor of the holder and registration of domain or real rights on the original farm that has been practiced after the date of the note will be simultaneously cancelled.

(c) in the case referred to in the previous letter, shall be recorded apart from the inscription or registration of farms of result, the existence of the rear seats that have been subject to cancellation, the title that motivated them, and their respective date.


(d) for the practice of registration of the farm or farms of outcome in favour of the buyers of the original estate just the presentation of the title that gave rise to the practice of cancelled rear seats to the note, with the rectification that apply and which become noted the circumstances and a description of the farm or farms resulting from the project as well as the consent for such rectification of the registration holder and holders of rights cancelled in accordance with point (b)). While expressed rectification is not carried out, not you can practice is any seat on the farms subject to the marginal note referred to in point (c)).

5. the title by which fits the project of benefit-sharing and loads will be sufficient for entities mortgage modification, rectification of register descriptions, registration of farms or excess capacity, resumption of the successive tract, and for the cancellation of inconsistent rights in rem, in the form determined by law.

First additional provision. System of urban information and other information in the service of public policies for a sustainable urban environment.

1. with the aim of promoting transparency and to ensure obtaining, updating and exploitation of the information necessary for the development of policies and actions that are incumbent upon him, the General Administration of the State, in collaboration with the autonomous communities, define and promote the application of those criteria and basic principles which, since coordination and complementation with the competent administrations in the matter (, training and continual updating of public general and integrated information on soil, urban planning and construction, comprehensively, at least of the following instruments: a) censuses of constructions, buildings, housing and local unemployed and the specified improvement or rehabilitation. The evaluation reports of the buildings regulated in articles 29 and 30 will serve to nurture such censuses, in relation to rehabilitation needs.

(b) maps of damaged, obsolete, disadvantaged or distressed urban areas, specified urban regeneration and renewal, or building rehabilitation activities.

(c) a public general and integrated information system on soil and urban planning, through which citizens are entitled to obtain by electronic means all urban information from different administrations, regarding the planning carried out by them.

2 will be sought, in addition, support and coordination of the public information system referred in the previous section with the rest of information systems and, in particular, the real estate cadastre.

Second additional provision. Goods affected the national defense, the Ministry of defence or the use of the armed forces.

1 management tools territorial and town planning, what ever its class and denomination, that have an impact on land, buildings and installations, including their protection zones, pertaining to national defense must be subject, with regard to this incident, binding report by the General Administration of the State prior to its approval.

2. Notwithstanding the provisions of this law, the assets affected to the Ministry of defence or the use of the armed forces and the jobs available to government agencies that depend on that one, linked to the purposes provided for in special legislation.

Third additional provision. Powers of urban planning in Ceuta and Melilla.

The cities of Ceuta and Melilla shall exercise their statutory regulatory powers in the framework established by the respective organic laws that approve their statutes of autonomy, this law and other rules that the State enact for the purpose.

In any case, shall be responsible for the General Administration of the State the final adoption of the General urban Plan of these cities and its revisions, as well as amendments relating to the determinations of a general nature, the key elements of the general and organic of the territory structure or determinations that referred to seventh in the second final provision.

The final approval of the special plans not foreseen in the Business Plan, and its amendments, as well as General Plan amendments not included in the preceding paragraph, shall correspond to the competent bodies of the cities of Ceuta and Melilla, following a mandatory report from the General Administration of the State, which shall be binding as regards questions of legality or affectation general interests of State competition It must be issued in the period of three months and means favorably if it was not issued within that period.

Fourth additional provision. Management of soils of the heritage of the State.

1 shall apply to the real estate of the State provisions of article 52 of this law on the access to the registry of the property's limitations, obligations, terms and conditions of your destination in divestitures of properties earmarked for housing subject to a regime of public protection that allows you to price your maximum price for sale or rental.

2 Add a new article 190 bis in law 33/2003 of November 3, the heritage of the public administrations, with the following wording: «article 190 bis.» Urban regime of the affected properties.

When territorial and town planning instruments included in the scope of the actions of urbanization or signatory to them land affected or intended for use or State public services, the General Administration of the State or public bodies holders of those who have acquired them for expropriation or other onerous form they will participate in the equidistribution of benefits and burdens in terms that establishes the law on territorial and urban development.»

3. amending section 5 of the final second provision law 33/2003 of November 3, of the heritage of the public administrations, which is drawn up in the following terms: ' 5. have the character of the basic law, in accordance with provisions of article 149.1.18. ª of the Constitution, the following provisions of this Act: article 1;» Article 2; Article 3; Article 6; Article 8, paragraph 1; Article 27; Article 28; Article 29, paragraph 2; Article 32, paragraphs 1 and 4; Article 36, paragraph 1; Article 41; Article 42; Article 44; Article 45; Article 50; Article 55; Article 58; Article 61; Article 62; Article 84; Article 91, paragraph 4; Article 92, paragraphs 1, 2, and 4; Article 93, paragraphs 1, 2, 3 and 4; Article 94; Article 97; Article 98; Article 100; Article 101, paragraphs 1, 3 and 4; Article 102, paragraphs 2 and 3; Article 103, paragraphs 1 and 3; Article 106, paragraph 1; Article 107, paragraph 1; Article 109, paragraph 3; Article 121, paragraph 4; Article 183; Article 184; Article 189; Article 190; Article 190 bis; Article 191; first transitional provision, paragraph 1; fifth transitional provision.»

4 Add a letter e) to paragraph 2 of article 71 of the Law 50/1998, of December 30, measures fiscal, administrative and Social order, with the following wording: «e) assist with the management of real estate that are jobs available, the development and implementation of different policies in force, and in particular , the policy of housing, in collaboration with the competent administrations. You can to do so, sign with these administrations conventions, protocols or agreements aimed to promote housing subject to a regime of protection that allows you to price your maximum price in sale, rental or other forms of access to housing. Such agreements must be approved by the Governing Council."

5 Add a paragraph 7 in paragraph 2 of article 53 of the law 14/2000, of 29 December, measures fiscal, administrative and Social order, with the following wording: «7 assist, with the management of the real estate that are jobs available, the development and implementation of different policies in force and» in particular, the policy of housing, in collaboration with the competent administrations. For this purpose, you can subscribe with these administrations conventions, protocols or agreements aimed to promote housing subject to a regime of protection that allows you to price your maximum price in sale, rental or other forms of access to housing.»

Fifth additional provision. Amendment of article 43 of the law on compulsory expropriation of December 16, 1954.

Amending paragraph 2 of article 43 of the law on compulsory expropriation of December 16, 1954, which is drawn up in the following terms: No «(2. El régimen estimativo a que se refiere el párrafo anterior: a) shall in no case apply to the expropriation of real estate, for fixing of whose fair price shall apply exclusively to the valuation system envisaged in the law governing the assessment of soil.»

(b) only shall apply to expropriations of property when they do not have particular endpoint identified by special laws.'

Sixth additional provision. Burned forest soils.

1 burnt forest land remain in the situation of rural land for the purposes of this Act and will be allocated to the forestry use, at least during the period laid down in article 50 of the law of mountains, with the exceptions in it.


2. the forest administration shall inform the registry of property this circumstance, which will be inscribible in accordance with the provisions of the mortgage legislation.

3 will be title registration certification issued by the forestry administration, which will contain the identifiers cadastral data of the farm or farms concerned and will be accompanied by the topographic plane of the forest land burned, at appropriate level.

The certification record shall be effected by marginal note which will last until the expiry of the period referred to in paragraph first. The topographic plane will be filed as provided for by article 51.4 of mortgage regulation, can accompany copy on magnetic or optical support.

Seventh additional provision. Rules for the capitalization of income in rural soil.

1. for the capitalization of the actual or potential annual income of the holding referred to in paragraph 1 of article 36, the average value of annual data published by the Bank of Spain of the profitability of the obligations of the State for 30 years, corresponding to the three years prior to the date to which the valuation should understand referred is used as capitalisation rate.

2. this type of capitalization can be corrected by applying to the indicated reference in paragraph a corrective factor depending on the type of cultivation, exploitation or use of the soil, when the result of appraisals deviate significantly with respect to the market prices of farm soil without urban planning expectations.

The terms of such correction shall be determined by regulation.

The eighth additional provision. Participation of the State in the territorial and town planning.

The General Administration of the State will participate in the procedures of territorial and urban planning in the form determined by the legislation in this area. When this legislation so provides it, eligible representatives of the General Administration of the State, designated by it, in the colleges of supramunicipal character having conferred powers of approval of instruments of territorial and town planning.

Ninth additional provision. Modification of the regulatory act of the Local regime Bases.

The following items are modified and sections of the Act 7/1985, of 2 April, regulating the bases of Local Government, which are written in the following terms: 1. modification of article 22.2.

«Correspond, in any case, the Town Council in the town halls, and the regime of Council open neighborhood Assembly, the following powers: (...)»

(c) the initial approval of the general planning and approval that put an end to municipal processing of plans and other management instruments provided for in the urban legislation, as well as conventions that relate to the alteration of any of these instruments.

(...)

2. addition of a new article 70 ter.

«1. the public administrations with competences of territorial and town planning must be available to citizens or citizens who so request, copies of existing instruments of territorial and town planning in its territorial scope, documents management and urban planning conventions.»

2. the public administrations with competences in the matter, published by telematic means the updated content of the instruments of territorial and urban management in force, of the announcement of its subjection to public information and any acts of processing that are relevant for your approval or alteration.

In the municipalities under 5,000 inhabitants, this publication will be implemented through the Government entities that have assigned the function of technical assistance and cooperation with them, which shall provide such cooperation.

3 when an alteration of the urban planning, which is not made within the framework of a full exercise of the powers of management, increase the density or density, or modify the land uses, it shall be noted in the record of the identity of all of the owners or holders of other rights in rem on the farms affected during the five years prior to their initiation «, as recorded in the register or instrument used for the purpose of notifications to interested parties in accordance with legislation in the matter.»

3. modification of article 75.7.

«Local representatives, as well as the unelected members of the Local Government Board, will make statement about causes of possible incompatibility and any activity that provide or may provide income.

They will also formulate statement of their assets and participation in companies of all types, with information from the companies they participated and the self-assessment of taxes on the income, heritage and, if any, societies.

Such statements, models approved by the respective full, will be carried out before the inauguration, on the occasion of the EESC and the end of the mandate, as well as when the circumstances are indeed altered.

The annual statements of assets and activities will be published on an annual basis, and in any case at the time of the completion of the mandate, in the terms established by the municipal statute.

Such statements shall be entered in the following registers of interests, which will have public: to) the Declaration of causes of possible incompatibility and activities that provide or may provide income, shall be entered in the register of activities established in each local authority.

b) Declaration on goods and economic rights shall be entered in the registration of assets of each local authority, in the terms established their respective status.

Local representatives and members elected from the Board of the Local Government with respect to which, under his charge, it threatened your personal safety or that of their property or business, the family members, partners, employees or people with those who had economic or professional relationship may not be the Declaration of assets and property to the Secretary or the Secretary of the Provincial rights or , where appropriate, to the competent authority of the relevant autonomous community. Such statements shall be entered in the special register of assets, created for this purpose in those institutions.

In this course, they will contribute to the Secretary or Secretariat of its respective entity merely simple and succinct, supporting certification have completed their statements, and which are registered in the special register of interests referred to in the preceding paragraph, that is issued by the same officer.

4. inclusion of a new paragraph in article 75 8.

«8. during the two years following the completion of its mandate, local representatives referred to in the first paragraph of this article who have held executive responsibilities in various areas in which the local government is organized shall apply within the territorial scope of its competence the limitations on the exercise of private activities laid down in article 15 of the law 3/2015 30 March, regulating the exercise of the high charge of the General Administration of the State.

For this purpose, councils may provide financial compensation during that period for those who, as a result of the regime of incompatibilities, not able to carry out their professional activity or receive economic compensation by other activities.»

5. inclusion of a new fifteenth additional provision. "Regime of incompatibilities and statements of activities and assets of local managers and other personnel at the service of local authorities".

«1. the holders of executive bodies shall be subject to the incompatibilities regime established in law 53/1984, of 26 December, incompatibilities of personnel at the service of the public administrations, and other State or regional standards that may apply.»

However, will you apply limitations to the exercise of private activities laid down in article 15 of the law 3/2015, 30 March, regulating the exercise of the high charge of the General Administration of the State, in the terms in which establishes the 75.8 article of this law.

For these purposes, shall be regarded as managerial staff holders of bodies performing functions of management or execution of superior character, meets the General guidelines laid down by the governing body of the Corporation, by adopting appropriate decisions to the effect and providing for it a margin of autonomy, within these general guidelines.

2. the arrangement provided for in article 75.7 of this law shall apply to local managers and officials of local corporations with empowerment of statehood which, in accordance with the provisions of article 5.2 of the second additional provision of law 7/2007, of 12 April, the Basic Statute of the public employee, play in local authorities positions which have been provided by appointees in attention to the managerial nature of their functions or special responsibility to assume."

Tenth additional provision. Events promoted by the General Administration of the State.


1. when the General Administration of the State or its public bodies promote acts subject to previous municipal intervention and reasons of urgency or exceptional public interest so require, the competent Minister by reason of the matter may agree remission to the corresponding Town Hall of the project in question, so that in the period of one month notify conformity or non-conformity with the urban planning into force.

In case of disagreement, the record shall be sent by the concerned Department the holder of the competent Ministry in respect of land and housing, which will raise it to the Council of Ministers, following a report from the competent body of the autonomous community, which must be issued within the period of one month. The Council of Ministers will decide whether to run the project, and in this case, will order the initiation of the procedure of alteration of the urban planning appropriate, in accordance with the procedure established in the regulatory legislation.

2. the City Council may in all case agree to the suspension of the works that referred to in paragraph 1 of this article when user is carried out in the absence or in contradiction with notification, in accordance with the urban planning and before the decision to execute the work adopted by the Council of Ministers, by communicating this suspension to the editor of the project authority and the Minister competent in matters of land and housing for the purposes prevented in the same.

3. exceptions to this ability works directly affecting the national defense, for which suspension must mediate agreement of the Council of Ministers, on a proposal from the Minister competent in matters of land and housing, on request of the competent City Council and the Ministry of defence report.

Eleventh additional provision. Real estate cadastre.

The provisions of this law refers to without prejudice in the consolidated text of the law of the real estate cadastre, approved by Royal Legislative Decree 1/2004, of 5 March, particularly in what refers to the use of the cadastral reference, the incorporation of the cadastral certification descriptive and graphic and communication obligations , collaboration and provision of information specified by the cadastral regulations.

Twelfth additional provision. Infringements in the field of certification of the energy efficiency of buildings.

1 constitute administrative offences on certification of the energy efficiency of buildings actions or omissions typified and penalized in this provision and the following additional provision, without prejudice to other civil, criminal responsibilities or other that can attend.

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

3 constitute very serious infringements in the field of the energy certification of buildings: a) falsify information on the issuance or registration of certificates of energy efficiency.

(b) Act as technical certification without legally required qualify to be.

(c) Act as independent authorized agent for the control of the certification of the energy efficiency of buildings without the due authorization granted by a competent authority.

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

(e) also will be very serious offences serious infringements provided for in paragraph 4, when during the three years prior to his Commission had been imposed on the offender a fine firm for the same type of infringement.

4 constitute serious offences: a) breaching the conditions established in the methodology of calculation of the basic procedure for the certification of the energy efficiency of buildings.

(b) breach the obligation to submit certificate of energy efficiency before the competent body of the autonomous community on energy certification where the building is located for your registration.

(c) not to include the certificate of energy efficiency project in the construction of the building project.

(d) display a label that does not correspond with the energy efficiency certificate validly issued, registered and in force.

(e) sell or rent a property unless the seller or lessor deliver energy efficiency certificate, valid, registered and in effect, to the purchaser or lessee.

(f) Similarly, will be serious violations minor violations referred to in paragraph 5, when during the year prior to his Commission had been imposed on the offender a fine firm for the same type of infringement.

5 constitute minor offences: to) advertise the sale or rental of buildings or units of buildings that should have an energy efficiency certificate without mention of its energy efficiency rating.

(b) not to display the label of energy efficiency in cases that will be mandatory.

(c) the issue of energy efficiency certificates that do not contain the minimum information required.

(d) breach the obligations of renewal or updating of energy efficiency certificates.

(e) not to include the certificate of energy efficiency of the building completed in the book of the building.

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

(g) advertise the qualification obtained in the certification of the energy efficiency of the project, when you already have certificate of energy efficiency of the finished building.

(h) any acts or omissions that violate provisions in the field of energy efficiency certification when not classified as serious or very serious offences.

6 they will be subjects responsible for offences classified in this provision, physical or legal persons and communities of goods who commit them, even by way of simple failure.

7. the statement and resolution of the disciplinary record is brought will be up to the competent bodies of the autonomous communities.

Tenth additional provision three. Sanctions in the field of energy certification of buildings and graduation.

1 violations typified in the additional provision second tenth will be sanctioned as follows: to) minor offences, a fine of 300 to 600 euros.

(b) serious offences, a fine of 601 to 1,000 euros.

(c) very serious offences, a fine of 1,001 to 6,000 euros.

2. Notwithstanding the foregoing, in cases where the profit that the infringer has obtained by the Commission of the offence was greater than the amount of the sanctions in each case mentioned in the preceding paragraph, the sanction shall be imposed by an amount equal to the profit so obtained.

The graduation of the sanction take into account damage, enrichment obtained unfairly, and the concurrence of intentionality or repetition.

First transitional provision. Application of the reservation of land for housing and exceptional temporary rule.

1 without prejudice to the provisions of the following paragraph, the reserve for housing demanded in the letter b) paragraph first of article 20 of this law shall apply to all changes of management whose approval procedure is initiated subsequent to the entry into force of the law 8/2007 of 28 may, of soil, in the form prepared by the law on territorial and urban development. In those cases in which the autonomous communities have not established reserves equal to or higher than which is set to letter b) of the first paragraph of article 20 of this law, as of July 1, 2008 and up to its adaptation to it, shall directly apply the reservation of 30 per cent provided for in this law, with the following clarifications (: a) shall be exempted from its application management tools of the municipalities with less than 10,000 inhabitants in which, in the last two years prior to the start of the discharge procedure, have authorised residential buildings for less than 5 dwellings per thousand people per year, provided that these instruments do not order residential for more than 100 new housing operations; as well as which relate to actions of reform or improvement of the estate in which residential use does not reach 200 dwellings.

(b) management tools may accordingly offset reductions in the percentage of new development action not aimed to meet the demand of primary residence intended for them with increases in others of the same category of soil.

2 Notwithstanding the provisions of the preceding paragraph, for a maximum period of four years from the entry into force of the law 8/2013, on June 26, urban rehabilitation, regeneration and renewal, the autonomous communities may put on hold the implementation of the provisions of point (b)) of the paragraph 1 of article 20 of this law (, determining the period of suspension and management tools to affect, whenever they met, at a minimum, the following requirements: to) the cited instruments establishing the existence of a percentage of housing protected already built and unsold in the municipality, over 15 per cent of planned or resulting protected homes in existing planning and a clear disproportion between the legally required reserve and actual demand with access to such housing.


(b) that such management tools have not been definitely approved before the entry into force of this law, or which, in the case of having been approved, not have even with the final approval of the project or required equal projects.

Second transitional provision. Timetable for the implementation of the report of assessment of buildings.

1. with the aim of ensuring the quality and sustainability of the Park built, as well as to guide and direct public that they pursue such purposes, and policies notwithstanding that the autonomous communities adopt a more demanding regulation and which have municipal ordinances, the obligation to dispose of the evaluation report, regulated in article 29, it shall become effective (, at least in relation to the following buildings and on the dates and times listed below are established: to) residential typology of collective housing buildings that date 28 June 2013, had already older than 50 years, of June 28, 2018, as a maximum.

(b) the residential typology of collective housing buildings that are reaching the age of 50 years, starting June 28, 2013, within a maximum period of five years, from the date that reach this age.

Both the assumptions of this letter, and the letter to) above, if the buildings endowed with a technical inspection, carried out in accordance with the applicable regulations, before the 28 June 2013, only be required assessment report where appropriate its first review in accordance with this regulation, provided that it does not exceed a period of ten years from the entry into force of this law. If so, the assessment report of the building must be completed with those aspects that are absent of the technical inspection.

(c) the buildings whose owners intend to qualify for public aid in order to undertake works of conservation, universal accessibility and energy efficiency, in prior to the formalization of the corresponding assistance request.

(d) determine the rest of the buildings, where the regional or municipal regulations that may establish specialities from application of the report, based on location, age, type, or predominant use.

2. with the aim of avoiding duplication between the report and the technical inspection of buildings or instrument of a similar nature that could exist in municipalities or autonomous communities, the resulting report that will be integrated as part of the report regulated by this law, considering the latter as produced, in any case, when the already accomplished has taken into account demands derived from the autonomic regulation or local equal or more demanding to those established by this law.

Third transitional provision. Valuations.

1. the rules of valuation contained in this Act shall apply in all records within its material scope starting from the entry into force of the law 8/2007 of 28 may, soil.

2 except the application of valuation rules laid down in this law, exclusively the lands in which, at the entry into force of the law 8/2007, circumstances of cumulative form the three following: to) that form part of the land included in delimited areas for which planning had established the conditions for their development.

(b) that there is a forecast expressed about execution times in planning, or territorial and town planning law.

(c) that at the time that assessment should be referred, had not expired deadlines for such execution or, if they had expired, for reasons imputable to the administration or to third parties.

Such land will be assessed according to the rules laid down in law 6/1998, of 13 April, on regime of soil and valuations, as they were drafted by law 10/2003, of 20 May.

Fourth transitional provision. Minimum criteria of sustainability.

If, after one year from the entry into force of the law 8/2007 of 28 may, soil, territorial and town planning legislation not establish in which cases the impact of one action of urbanization requires to exercise fully the power of ordination, this new management or review will be required when the action entail, by itself or together with those approved in the past two years , an increase in superior to 20 per cent of the population or the surface of urban land of the municipality or territorial scope.

First final provision. Qualifications required for subscription evaluation reports of buildings.

By order of the Minister or Minister of industry, energy and tourism and the Minister or Minister of promotion, the qualifications required for subscription evaluation reports of buildings, as well as media accreditation will be determined. For these purposes, be taken into account the qualifications, training, experience and the complexity of the assessment process.

Second final provision. Competence title and scope.

1 have the character of basic conditions of equality in the exercise of rights and the corresponding constitutional duties and, where appropriate, of bases of the regime of the public administrations of the general planning of economic activity, of protection of the environment and energy regime, handed down in exercise of the powers reserved to the general in the article 149.1.1 legislator. ª 13th, 23.ª and 25.ª of the Constitution, articles 1; 2; 3; 4; 5, letters 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; the additional provisions sixth, paragraph 1; 12th and 10th third; the provisions first transitory; second and fourth.

2 have the character of provisions on the exercise of the jurisdiction reserved to the State legislator by article 149.1.8. 2nd and 18th on civil law, common administrative procedure and forced expropriation and system of accountability of public administrations, articles 4, paragraphs 1, 2 and 3; ((5, c's), d) and e); 9, paragraphs 1, 3 and 7; 10; 11, paragraph 5, in fine; 13, paragraph 2, letters a) and b); 14, letter d); 15, paragraph 4, 19; 23; 24; 25; 26, 27; 28; 29, 32, (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; the additional provisions first, fourth, fifth; Sixth, paragraphs 2 and 3; seventh, eighth, ninth and tenth and the third transitional provision 3. Articles 51 and 52, paragraphs 1 and 2, have the character of bases of the general planning of economic activity in the exercise of the jurisdiction reserved to the State legislator in article 149.1.13. ª of the Constitution, without prejudice to the exclusive powers over soil and urban planning that the autonomous communities have attributed.

(4 articles 5, letter f); 32, paragraph 2; 56; 57; 62; 63 and 64 are issued under cover of the provisions of article 149.1.6. ª of the Constitution, which attributes to the State competition in procedural legislation.

5. Article 30 and the first final provision are issued under cover of the provisions of article 149.1.30. ª of the Constitution, which attributes to the State competition over regulation of the conditions of procurement, issuance and recognition of academic and professional qualifications.

6 article 22, paragraph 4, and the eleventh additional provision are issued under cover of the provisions of article 149.1.14. ª, which attributes to the State competition on General Finance and government debt.

7. the second and tenth additional provisions, paragraph 3, are issued under cover of the provisions of article 149.1.4. ª of the Constitution, which attributes to the State the competence in the field of Defense and armed forces.

8 the full normative contents of this Act is of direct application in the territories of the cities of Ceuta and Melilla, with the following clarifications: a) powers which the letter b) of the first paragraph of article 20 recognizes the law to reduce the percentage of reserve housing subject to a regime of public protection and determine the possible destinations of the public patrimony of the soil from among those referred to in paragraph 1 of article 52, may be exercised directly on the General Plan.

b) the percentage referred to in point (b)) of paragraph 1 of article 18 shall be, in General, 15 percent. However, the General Plan may form provided and motivated, reduce it to 10 percent, or increase it up to a maximum of 20 per cent, in the proceedings or areas in which the value of the resulting lots is significantly below or above the middle of those included in the same kind of soil, respectively.

9. the provisions of this law shall apply without prejudice to civilians, Governments or special regimes, where they exist.

Third final provision. Development.

It authorizes the Government to proceed, within the framework of its powers, to the development of this law.

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