I

The second final provision of Law 8/2007, of 28 May, of Soil, delegated to the Government the power to issue a Royal Legislative Decree that recast the text of this and the precepts that still remained in force of the Royal Decree. Legislative Decree 1/1992, of 26 June, for which the recast of the Law on Soil and Urban Planning was approved. The deadline for the completion of this text was one year, from the entry into force of the year.

This recasting task, which is dealt with by means of this legal text, basically sets out two objectives: on the one hand to clarify, regularise and harmonise the terminology and the device content of both legal texts, and on the other, structure and order in a single general provision a series of scattered precepts of different nature, from the fragmented Recast Text of 1992, within the new contents of the Law of Soil 2007, adapted to the (a) urban planning, land management and housing of the Autonomous Communities. In this way, the final objective is to avoid the dispersion of such rules and the fragmentation of the provisions contained in the state legislation in the field, except in the current part of Royal Decree 1346/1976 of 9 April, approving the recast text of the Law on Soil and Urban Planning, which has an extra application except in the territories of the cities of Ceuta and Melilla, and has consequently been left out of the delegation legislative by virtue of which this Royal Legislative Decree is issued.

II

As the Motives Exhibition of Law 8/2007 recalls, of 28 May, of Soil, the history of contemporary Spanish urban law was forged in the second half of the nineteenth century, in a socio-economic context of industrialization and urbanization, around two major types of urban operations: the expansion and the internal reform, the creation of a new city and the consolidation and the reform of the existing one. This history crystallized in the middle of the twentieth century with the first complete law in the field, which continues to be a tax on our later tradition. In fact, the current large urban institutions retain a strong inertia in relation to those conceived at the time: the classification of the soil as a technique par excellence, of which both the planning and the urban planning are used, where the class of urbanizable is the real protagonist and that of the rustic or unurbanizable soil does not deserve hardly attention to play an exclusively negative or residual role; the instrumentation of the ordination through a rigid system of Successive disaggregation of plans; the implementation of those plans practically identified with the systematic urbanization, which can be undertaken through public or private management, through a set of action systems.

Since then, however, there has been a capital evolution on which this Law must be based, in several ways.

First of all, the 1978 Constitution establishes a new frame of reference for the matter, both in the dogmatic and in the organizational. The Constitution deals with the regulation of land use in its article 47, with the aim of the effectiveness of the right to housing and within the environmental regulatory block formed by its articles 45 to 47, from which it can be inferred that the various The Commission has been able to give its support to the Commission's proposal for a Council Directive on the protection of the environment, the protection of the environment, the protection of the environment, the protection of the environment, the environment and the environment. and the necessary scenario of those at the service of the quality of life. But in addition, the new competition law established by the constitutionality bloc, as interpreted by the Constitutional Court's doctrine, turns out that the Autonomous Communities are responsible for designing and developing their own policies in urban areas. It is up to the State to exercise certain powers that have an impact on the matter, but must avoid conditioning it as far as possible.

Although the state legislator has adapted to this order, it cannot be said yet that he has fully assumed or internalized it. In recent years, the state has legislated in a somewhat rugged way, partly forced by circumstances, as it has done so on the horse of successive constitutional rulings. Thus, since the last State Recast Text of the Law on Soil and Urban Planning, the content of which is still in force, has been incorporated into this text, six reforms or innovations of different draught have taken place. the two operations of "negative legislation" in the Constitutional Sentences, number 61/1997 and 164/2001. It cannot be said that such an over-run evolution-eight innovations in twelve years-constitutes the ideal framework in which the Autonomous Communities have to exercise their own legislative powers on land management, urban planning and housing.

This situation cannot be overcome by adding new retouches and corrections, but by a deeper renewal fully inspired by the previously mentioned constitutional values and principles, upon which it feels a foundation. In the case of the European Union, the European Union To this end, for the first time, specific urban planning techniques, such as the types of plans or soil classes, are dispensed with, and the use of their own technicalities is avoided so as not to prefigure, even indirectly, a This is an urban model and to make it easier for citizens to understand this common framework. It is not an urban law, but a law concerning the land regime and equality in the exercise of the constitutional rights of the associate in respect of the interests whose management is constitutionally entrusted to the State. A Law, therefore, conceived as a result of the division of jurisdiction established in these matters by the block of constitutionality and which may and must be applied in accordance with the exclusive powers conferred on the Autonomous Communities in respect of the Regional planning, urban planning and housing, and in particular on public land assets.

Regardless of the advantages that the technique of classification and categorization of the soil can have for the planning, the truth is that it is an urban technique, so it is not for this legislator to judge his opportunity. In addition, it is not necessary to set the legal criteria for soil assessment. Moreover, from this concrete perspective, which fully falls to the state legislator, the classification has historically contributed to the inflation of the soil values, incorporating revaluation expectations long before they were realized. the operations necessary to materialize the urban determinations of the public authorities and, therefore, has also encouraged speculative practices, against which we must fight for constitutional imperative.

Secondly, this law abandons the bias with which, until now, the state legislator has been addressing the status of the subjective rights affected by urban planning. This reductionism is another of the historical peculiarities of Spanish urbanism which, for reasons that are not necessary here to develop, reserved to the property of the soil the exclusive right of private initiative in the activity of urbanization. A tradition that has undoubtedly weighed, since the constitutionality block reserves the state the important title of competence to regulate the basic conditions of equality in the exercise of rights and the fulfillment of the duties It has provoked the simplistic identification of such rights and duties with those of the property. But the constitutional rights affected are also others, such as citizen participation in public affairs, the free enterprise, the right to an adequate environment and, above all, the right to decent and adequate housing, to which the Constitution itself links directly with the regulation of land use in its Article 47. Then, beyond regulating the basic conditions for the equality of land ownership, it must be borne in mind that the city is the means in which civic life is unravels, and therefore the minimum rights of freedom, participation and the provision of citizens in relation to urbanism and its rural and urban environment. In short, the Law aims to guarantee in these matters the basic conditions of equality in the exercise of the rights and the fulfilment of the constitutional duties of the citizens.

In the third and final place, the contemporary Spanish town planning is a development story, blown above all in the creation of a new city. Urban growth is still necessary, but today it seems also clear that urban planning must respond to the requirements of sustainable development, minimizing the impact of that growth and betting on the regeneration of the urban environment. existing city. The European Union is clearly insisting on this, for example in the European Territorial Strategy or in the most recent Commission Communication on a Thematic Strategy for the Urban Environment, proposing a compact and compact city model. warns of the serious disadvantages of dispersed or disorderly urbanization: environmental impact, social segregation and economic inefficiency due to high energy costs, construction and maintenance of infrastructure and the provision of public services. The soil, in addition to an economic resource, is also a natural resource, scarce and non-renewable. From this perspective, all rural land has an environmental value worthy of being weighted and the liberalisation of the soil cannot be based on an indiscriminate classification, but, supposedly, a classification responsible for the necessary urbanizable soil. to meet the economic and social needs, opening up to the free competition of private initiative for its urbanization and in the arbitration of effective measures against speculative, obstructive and land-holding practices, the way the land with urban destination is put into use in an agile and effective way. And the urban land-the city already-has an environmental value, as a collective cultural creation that is the object of a permanent recreation, so its characteristics must be an expression of its nature and its ordination must favor its rehabilitation and encourage their use.

III

The Preliminary Title of the Law is devoted to general aspects, such as the definition of its object and the enunciation of some principles that vertebrate it, in accordance with the philosophy set forth in the previous section.

IV

For both conceptual and competitive reasons, the first specific matter covered by the Law is that of the status of rights and duties of the subjects concerned, to which it dedicates its Title I, and which inspire direct or indirectly all the rest of the articulated. With this object, three basic subjective statutes are defined which can be perceived as three concentric circles:

First, that of citizenship in general in relation to land and housing, which includes rights and duties of socio-economic and environmental order of any person regardless of their activity or heritage, is to say, in the understanding of the citizenry as a status of the person who assures his enjoyment in freedom of the environment in which he lives, his participation in the organization of the medium and his equal access to the endowments, services and spaces groups that demand the quality and cohesion of it.

Second, the scheme of the private initiative for urban planning, which-in terms of the setting up of urban legislation under this Law-is an economic activity of general interest affecting both the the right of ownership to freedom of enterprise. In this sense, although the building takes place on a farm and accesses its property -according to our historical conception of this institute-, therefore it can also be considered as a faculty of the corresponding right, the urbanisation is a public service, the management of which can be reserved for the administration or entrusted to private persons, and which tends to affect a plurality of farms, so it exceeds both logic and physically the own limits of the property. Then, where their execution is entrusted to the private initiative, it must be possible to be open to third-party competition, which is also called to be in the agility and efficiency of the performance.

Third, the status of land ownership, defined as traditional among us-such as a combination of faculties and duties, among which is no longer to be urbanized for the reasons set out in the previous paragraph, (a) if it is to participate in the development of a private initiative in an equitable distribution of benefits and burdens, with due guarantees that its participation is based on informed consent, without being able to impose more burdens than legal ones, and without prejudice to the fact that the urban legislator chooses to continue reserving to property the initiative of urbanization in certain cases according to this Law, which pursues progress but not rupture.

V

Correlative of people's rights are the basic duties of the Administrations with which the Law opens its Title II.

The procedures for the approval of urban planning and implementation instruments have a major importance, which goes far beyond the strictly sectoral level, because of its impact on economic growth, in the protection of the environment and quality of life. Therefore, the Law ensures minimum standards of transparency, real and non-formal citizen participation, and evaluation and monitoring of the effects of the plans on the economy and the environment. The effectiveness of these standards requires that the most important urban development and impact, which produce a radical change of the territorial model, undergo a new full exercise of management power. In addition, the Law makes an innovative treatment of this evaluation and monitoring process, in order to integrate into it the consideration of the most important resources and infrastructures. This integration will benefit, at a time, the usefulness of the processes involved and the speed of the procedures in which they are inserted.

Mention aside deserves the reserve of residential land for protected housing because, as has already been recalled, it is the Constitution itself that links the management of land uses with the effectiveness of the right to housing. In view of the extraordinarily prolonged and intense path of expansion of our property markets, and in particular of the residential one, it seems reasonable today to fit in the material concept of the bases of the ordination of the economy guarantee of a minimum supply of land for affordable housing, because of its direct impact on such markets and its relevance to land and housing policies, without any obstacles to being adapted by the legislation of the Communities Autonomous to its urban model and its diverse needs.

As far as the land planning regime is concerned, the Law chooses to differentiate between situation and activity, state and process. As for the first, it defines the two basic states in which the soil can be found according to its current situation-rural or urban-, states that deplete the object of the management of the current use of the soil and are therefore the determinants for the content of the right of ownership, thereby providing the status of the property. As for the second, it feels the regime of the urban development actions of the transformation of the soil, which are the ones that generate the capital gains in which the community must participate because of the requirement of the Constitution. The Law establishes, in accordance with the constitutional doctrine, the yoke in which the fixation of such participation can be moved. It makes it possible for a greater and more flexible adaptation to reality and, in particular, to the net performance of the action in question or the scope of reference in which it is inserted, which has not been taken into account until now.

VI

Title III addresses the criteria for the valuation of land and buildings and buildings, for restorative, expropriatory and patrimonial effects of public administrations. Since the Act of 1956, soil legislation has established an uninterrupted special assessment regime that moves the application of the general criteria of the Compulsory Expropriation Act of 1954. It has done so by drawing on criteria that have had without exception a common denominator: that of valuing the soil from which it was its classification and urban categorization, that is, starting from what was its destiny and not its real situation. Some times we have tried to bring the valuations closer to the market, assuming that in the market of the soil there are no failures or speculative tensions, against which the public authorities must fight for constitutional imperative. It was thus the paradox of pretending that the real value was not to value reality, but also the mere expectations generated by the action of the public authorities. And even on the occasions when the criteria mentioned were intended to contain the Justiprices, it was more and more important to the contrary and, more importantly, to bury the old principle of justice and common sense contained in the Article 36 of the old but still in force Law on Compulsory Expropriation: that the expropriatory appraisals must not take into account the capital gains that are a direct consequence of the plan or plan of works that give rise to the expropriation and the foreseeable for the future.

In order to facilitate its application and guarantee the necessary traffic safety, the recomposition of this panorama must seek simplicity and clarity, as well as of course of justice. And it is the Constitution itself that expressly extracts-in this concrete matter and not in other-of the value of justice a mandate addressed to the public authorities to prevent speculation. This is perfectly possible by disassociating classification and valuation. What there is, not what the plan says can be in an uncertain future, should be valued. Consequently, and regardless of the urban classes and categories of land, it is part of the Law of the two basic situations mentioned above: there is a rural land, that is, the one that is not functionally integrated in the urban plot, and another urbanized, understanding by such that it has been effectively and adequately transformed by urbanization. Both are valued according to their nature, so only in the second such nature integrates their urban destination, because this destination has already become a reality. From this perspective, the assessment criteria set out to determine with the necessary objectivity and legal certainty the value of the replacement of the building on the market by a similar one in its own situation.

In the rural soil, the method of comparison is abandoned because very few times the necessary requirements are met to ensure its objectivity and the elimination of speculative elements, for which the method is adopted also However, it is important to note that, without considering the urban expectations, the location influences the value of this land, with the income of position a relevant factor in the traditional formation of the price of the land. In urbanised land, the valuation criteria that are established give rise to always updated valuations of the buildings, which did not ensure the previous regime. In any case, regardless of the value of the land, when the land is undergoing an urban development or building transformation, the expenses and investments undertaken together with a reasonable premium that give back the risk assumed and are avoided are compensated. Valuable jumps that are difficult to understand in the course of the planning and urban planning process. In cases where an administrative decision prevents the participation in the execution of an activity of urbanisation, or changes the conditions of the development, without any failure by the owners to comply, the deprivation of that power is assessed. in itself, which contributes to a more balanced treatment of the situation in which those are found. In short, a regime that, without valuing expectations generated exclusively by the administrative activity of land use management, rewards and incentivizes the urban or building activity undertaken in compliance with that and of the social function of the property.

VII

Title IV deals with institutions guaranteeing the property integrity of property: forced expropriation and patrimonial liability. In the matter of forced expropriation, the same rules that already contained the Law on Soil Regime and Valorations, brought here for reasons of legislative technique, are collected substantially to avoid the dispersion of norms and fractionation. of the provisions which collect them. In the case of reversion and patrimonial liability, the assumptions of one and the other are adapted to the concept of this law on public land assets and urban development activities, respectively, while remaining in the same way as criteria of the previous Law. In addition, a right to challenge is introduced when a change in the management increases the value of the land expropriated to execute an urban development, in order to safeguard the integrity of the compensation guarantee without to ensure the effectiveness of public planning management.

VIII

Title V contains various measures to guarantee compliance with the social function of real estate. There are many and authoritative voices that, from society, the sector, the Administrations and the academic community denounce the existence of practices of retention and speculative management of soils that obstruct the performance of their function and, in The European Parliament has been given the right to take action. The advances in the ability to act of the various agents for which this Law is committed (opening of the private initiative, greater proportionality in the participation of the Administration in the capital gains) must be accompanied by the guarantee that that capacity shall be effectively exercised in order to comply with the social function of the property and with the land-planning destination of the property, whether public or private, its holder.

All capacity carries a responsibility, which this Law is responsible for articulating in the service of general interest throughout its entire body: from the patrimonial responsibility for the failure of the maximum deadlines in the urban planning procedures, the possibility of forcibly replacing the non-compliant owner of the execution time, the greatest rigour in determining the destinations of public land assets or the arbitrary measures to ensure that this destination is fulfilled even when the goods are in the public land assets.

The content of the Title closes with a regulation of the regime of the right of surface aimed to overcome the current deficient normative situation of this right and to favor its operability to facilitate the access of the citizens to the housing and, in general, to diversify and to energize the offers in the real estate market.

IX

Finally, Title VI contains a number of precepts which, until now, have been fragmented in the Royal Legislative Decree 1/1992, of 26 June, for which the recast of the Law on the Regime of the Soil and Urban Planning, it has seemed reasonable to group under the name "Legal Regime". It contains the actions with the Prosecutor's Office as a result of urban infractions or against the planning of the territory, the requests, acts and agreements in these areas, the possible actions and resources the rules relating to the Register of Property which have already been the subject of regulatory development by Royal Decree 1093/1997 of 4 July 1997, which adopted the rules complementary to the Regulation for the implementation of the Mortgage Law on registration in the Land Registry of acts of an urban nature.

The introduction of this Title, and those of other precepts that had lost systematic coherence in the subsisting content of the Royal Legislative Decree 1/1992, which now recover it by its insertion where it corresponds in the structure of Law 8/2007, together with the work of clarification, regularisation and harmonisation carried out, allow to repeal both general provisions and finally to recover in a single legal body the unity of the state legislation in the field, pursuant to the provisions of the Second Final Disposition of Law 8/2007 of 28 May 2007, Soil.

In its virtue, on the proposal of the Minister of Housing, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of June 20, 2008,

D I S P O N G O:

Single item. Approval of the Cast Text of the Soil Law.

The Cast Text of the Soil Law is approved.

Single additional disposition. Regulatory referrals.

The normative references made in other provisions to the Royal Legislative Decree 1/1992, of 26 June, for which the Recast Text of the Law on Soil and Urban Planning and Law 8/2007 was approved, of 28 of May, from Soil, shall be construed as being made to the corresponding precepts of the recast text which is approved.

Single repeal provision. Regulatory repeal.

All provisions of the same or lower rank that are opposed to this Royal Legislative Decree and to the Recast Text that it approves and, in particular, the following are repealed:

a) Law 8/2007, of 28 May, of Soil.

b) The Royal Legislative Decree 1/1992, of 26 June, approving the recast of the Law on Soil Regime and Urban Planning.

Single end disposition. Entry into force.

This Royal Legislative Decree and the Recast Text it approves will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, 20 June 2008.

JOHN CARLOS R.

The Minister of Housing,

BEATRIZ CORRIDOR SIERRA

SOIL LAW RECAST TEXT

PRELIMINARY TITLE

General provisions

Article 1. Purpose of this Act.

This Law regulates the basic conditions that guarantee equality in the exercise of rights and in the fulfillment of constitutional duties related to the soil throughout the state. It also establishes the economic and environmental bases of its legal regime, its valuation and the public responsibility of the Public Administrations in this field.

Article 2. Principle of territorial and sustainable urban development.

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

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

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

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

(c) An urban environment in which the occupation of the soil is efficient, sufficiently equipped with the infrastructure and services that are of its own and in which the uses are combined in a functional manner and are implemented effectively, when they perform a social function.

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

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

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

Article 3. Spatial planning and urban planning.

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

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

2. Legislation on spatial and urban planning will ensure:

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

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

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

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

TITLE I

Basic conditions of equality in citizens ' constitutional rights and duties

Article 4. Rights of the citizen.

All citizens are entitled to:

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

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

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

) the administrative authorities of the Member States.

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

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

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

Article 5. Citizen's duties.

All citizens have a duty to:

(a) To respect and contribute to preserving the environment, the historical heritage and the natural and urban landscape, refraining in any case from performing any act or developing any activity not permitted by the legislation in matter.

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

(c) To refrain from performing any act or to carry out any activity that carries a risk of disturbance or injury to public or third-party goods with an infringement of the applicable law.

d) Meet the requirements and conditions for the legislation to support the nuisance, unhealthy, noxious and dangerous activities, as well as to use the best available techniques in accordance with the regulations applicable.

Article 6. Private initiative in urbanization and construction or construction.

Territorial and urban planning legislation will regulate:

(a) The right of initiative of individuals, whether or not they are owners of the land, in the exercise of free enterprise, for the activity of the execution of the urbanization when it is not due or not to be carried out by the own Competent administration. The empowerment of individuals, for the development of this activity, must be attributed by means of advertising and concurrency and with criteria of award that safeguard an adequate participation of the community in the capital gains as a result of urban planning, under the conditions laid down by the applicable legislation, without prejudice to the specific features or exceptions provided for in favour of the soil owners ' initiative.

(b) the right of consultation of the competent authorities, by those who are the holders of the right of initiative referred to in the preceding point, on the criteria and forecasts of urban planning; sectoral plans and projects, and of the works to be carried out to ensure the connection of urbanisation with the general networks of services and, where appropriate, of the expansion and strengthening of existing ones outside of the action.

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

(c) The right of those who develop instruments of private initiative management, when they have obtained the prior authorization of the competent administration, to be provided by the Public Bodies as many as information elements need to be drafted, and to carry out in particular farms the necessary occupations for the drafting of the instrument according to the Law of Compulsory Expropriation.

(d) the right of the owner to make the permitted installation, construction or construction on his or her grounds, provided that the land is a suitable unit for meeting the conditions legally required natural and legal entities and those which are carried out in the time and conditions laid down by territorial and urban planning and in accordance with applicable law.

Article 7. Land ownership right of land ownership.

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

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

Article 8. Content of land ownership rights: powers.

1. The right to property of the soil includes the faculties of use, enjoyment and exploitation of the same according to the state, classification, objective characteristics and destination it has at each moment, according to the applicable law characteristics and status of the good. It also includes the power of disposal, provided that its exercise does not infringe the arrangements for the formation of farms and parcels and the relationship between them as set out in Article 17.

The powers referred to in the preceding paragraph include:

(a) To make the necessary facilities and constructions for the use and enjoyment of the soil according to its nature which, being expressly permitted, do not have the legal character of the building.

(b) to build on a unit suitable for this purpose in the terms laid down in Article 6 (d), where the spatial and urban planning attribute to that buildability for use or for certain uses and other requirements and conditions set for building.

Any act of construction shall require the act of conformity, approval or administrative authorization that is mandatory, according to the legislation of territorial and urban planning. Their refusal shall be reasoned.

In no case may administrative silence be understood to be powers or rights that contravene territorial or urban planning.

(c) to participate in the implementation of the urbanization actions referred to in Article 14 (1) (a), in a scheme of equitable distribution of benefits and burdens among all affected owners in proportion to their contribution.

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

2. The powers of the preceding paragraph shall only reach the flight and subsoil as far as they determine the urban planning instruments, in accordance with applicable laws and with the limitations and easements required for the protection of the public domain.

Article 9. Content of land ownership rights: duties and charges.

1. The right of ownership of the land, facilities, buildings and buildings, includes, whatever the situation in which they are located, the duties of dedicating them to uses which are not incompatible with the spatial planning and urban planning; to preserve them under the legal conditions to support such use and, in any case, in those of legally enforceable safety, health, accessibility and ornato; as well as to carry out the improvement and rehabilitation works to where the legal obligation of conservation. This duty shall be the limit of the works to be carried out at the expense of the owners, when the administration orders them for tourist or cultural reasons, running from the funds of the works that exceed it for improvements of general interest.

In the land urbanized for the purposes of this Law that has attributed buildability, the duty of use involves the building up within the deadlines established in the applicable regulations.

In the land that is rural for the purposes of this Law, or this building vacancy, the duty to conserve it involves keeping the land and its plant mass in a position to avoid risks of erosion, fire, flooding, public safety or health, damage or injury to third parties or the general interest; including environmental protection; preventing contamination of soil, water or air and undue pollution in other goods and, where appropriate, recovering them; and to maintain the establishment and functioning of the services derived from the uses and activities which are develop on the ground.

2. The exercise of the powers provided for in points (a) and (b) of the first paragraph of the previous Article, in areas which are located on the rural soil for the purposes of this Law and are not subject to the scheme of an urbanisation action, involves the owner, in the form determined by the legislation on spatial and urban planning:

a) Cost and execute the works and works necessary to preserve the soil and its plant mass in the legally enforceable state or to restore that state, in the terms provided for in the regulations that are applicable.

(b) To satisfy the property benefits to be established, where appropriate, to legitimize private land use not linked to its primary holding.

(c) Cost and, where appropriate, implement the connection infrastructure of the installation, construction or construction with the general services networks and deliver them to the competent administration for incorporation into the domain public when they need to be part of it.

3. The exercise of the power provided for in point (c) of the first paragraph of the previous Article, entails assuming as a real burden the participation in the legal duties of the promotion of the performance, in a system of equitable distribution of benefits and charges and in the terms of the legislation on land and urban planning, as well as allowing the necessary goods to be occupied for the performance of the works to the person responsible for implementing the action.

TITLE II

Soil Regime Bases

Article 10. Basic criteria for land use.

1. In order to make the principles and rights and duties set out in Title I effective, public administrations, and in particular the competent authorities in the field of land and urban planning, shall:

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

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

This reserve will be determined by the legislation on spatial and urban planning or, in accordance with it, by the instruments of management and, at least, will comprise the land necessary to carry out the 30 by One hundred of the residential buildability planned by urban planning in the soil that will be included in urbanization actions.

However, such legislation may also set or allow for exceptionally a lower reserve for certain municipalities or actions, provided that, in the case of new urbanisation, it is guaranteed in the (a) the full implementation of the reserve within its territorial scope and a distribution of its location that respects the principle of social cohesion.

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

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

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

Article 11. Advertising and effectiveness in urban public management.

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

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

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

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

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

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

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

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

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

Article 12. Basic soil situations.

1. The entire soil is, for the purposes of this Law, one of the basic situations of rural soil or urbanized soil.

2. It's in the rural land situation:

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

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

3. It is found in the situation of urbanized soil that is legally and effectively integrated into the network of endowments and services of the population nuclei. This is understood to be the case where the parcels, whether or not they are built, have the resources and the services required by the town planning legislation or can be counted on them without other works than the connection of the plots to the installations already in operation.

By establishing the envelopes and services referred to in the previous paragraph, urban legislation may consider the peculiarities of traditional nuclei legally settled in rural areas.

Article 13. Use of rural soil.

1. The land on the rural land will be used in accordance with its nature, and must be dedicated, within the limits of the laws and the spatial and urban planning, to the agricultural, livestock, forestry, and hunting grounds. or any other linked to the rational use of natural resources.

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

2. Urban land parcels on rural land are prohibited, except for those that have been included in the field of urbanisation in a way that determines the legislation of spatial and urban planning.

3. Since the land has been included in the area of an urbanization activity, they can only be carried out in them:

(a) With exceptional character, uses and works of a provisional nature that are authorized because they are not expressly prohibited by territorial and urban or sectoral legislation. These uses and works must cease and, in any case, be demolished the works, without the right to any compensation, when so agreed by the Urban Administration. The effectiveness of the corresponding authorizations, under the conditions expressly accepted by the recipients, will be subject to their constancy in the Land Registry in accordance with the mortgage legislation.

The lease and the area right of the land referred to in the preceding paragraph, or of the provisional constructions which are raised in them, shall be excluded from the special scheme of rustic leases and urban, and, in any case, will automatically end with the order of the urban administration by agreeing on the demolition or eviction to implement the urbanization projects. In these cases it will not be applicable as set out in the Additional Provision 11th, second paragraph.

(b) Construction works where the requirements for this requirement are met in the legislation on spatial and urban planning, as well as the construction or construction legislation that allows the same to be carried out simultaneously with the urbanization.

4. By way of derogation from the above paragraphs, the use of land with environmental, cultural, historical, archaeological, scientific and landscape values which are the subject of protection under the applicable legislation will always remain subject to the preservation of such securities, and shall include only acts of alteration of the natural state of land which such legislation expressly authorizes.

Only the delimitation of the protected natural spaces or the spaces included in the Natura 2000 network may be altered, reducing their total area or excluding land from them, when the changes so warrant. caused in them by their natural, scientifically proven evolution. The alteration must be submitted to public information, which in the case of the Natura 2000 network will be made in advance of the referral of the proposal to the European Commission and the acceptance of such an uncataloging.

Compliance with the provisions of the preceding paragraphs shall not exempt from the additional standards of protection laid down by applicable law.

Article 14. Urban transformation actions.

1. For the purposes of this Law, it is understood by urban transformation actions:

a) Urbanization performances, which include:

1) New urbanisation, which involves the passing of a land area from the rural to urbanised land situation to create, together with the relevant infrastructure and public endowments, one or more plots suitable for the construction or use independently and functionally connected with the network of services required by spatial and urban planning.

2) Those aimed at reforming or renewing the urbanization of an urban land area.

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

2. To the sole effects of the provisions of this Law, the actions of urbanization are understood initiated at the moment when, once approved and effective all the instruments of ordination and execution that require the legislation on ordination Territorial and urban planning to legitimize the works of urbanization, begin the material execution of these. The initiation shall be presumed when there is an administrative or notarial act of faith in the commencement of the works. The expiry of any of the above instruments, for the purposes of this Law, restores the ground to the situation where it was at the beginning of the action.

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

Article 15. Assessment and monitoring of the sustainability of urban development.

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

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

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

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

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

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

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

4. The documentation of the instruments for the management of urbanisation actions should include a report or memory of economic sustainability, in which the impact of the action on the public finances affected by the project will be weighted in particular. the implementation and maintenance of the necessary infrastructure or the implementation and delivery of the resulting services, as well as the adequacy and adequacy of the soil for productive uses.

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

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

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

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

Article 16. Duties of the promotion of urban transformation actions.

1. Urban transformation actions, according to their nature and scope, involve the following legal duties:

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

In the allocation actions, the delivery of the soil may be replaced by other forms of compliance with the duty in the cases and conditions under which the legislation on spatial and urban planning so provides.

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

In the allocation actions, this percentage shall be understood as referring to the increase in the weighted average buildability attributed to the land included in the performance.

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

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

Territorial and urban planning legislation may determine the cases and conditions under which soil delivery may be replaced by other forms of compliance with the duty, except where it can be met with soil for housing subject to a public protection scheme under the reserve referred to in point (b) of the first paragraph of Article 10.

(c) Cost and, where appropriate, carry out all the urbanisation works provided for in the relevant action, as well as the infrastructure for connection with the general services networks and for the extension and strengthening of the existing outside the scope of the action which is required by its specific dimension and characteristics, without prejudice to the right to reintegrate the costs of installation of the service networks from its lending undertakings, in the established in the applicable legislation.

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

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

e) Ensuring the rehousing of the legal occupants that requires the removal of buildings located within the area of the performance and that constitute their habitual residence, as well as the return when they are entitled to it, in the terms set out in the legislation in force.

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

2. The areas covered by the actions and those assigned to them are affected, as a real guarantee, to the fulfilment of the duties of the previous paragraph. These duties are presumed to be met by the competent authority of the development works or, failing that, at the end of the period in which the receipt has been produced since their application was accompanied by a certificate. issued by the technical management of the works, without prejudice to the obligations arising from the liquidation of the final accounts of the work.

3. The legal agreements or businesses which the promoter of the action concludes with the corresponding administration may not establish additional obligations or benefits or more burdensome than those which are legally liable to prejudice the affected owners. The clause that contravene these rules will be null and void.

Article 17. Formation of farms and plots and relationship between them.

1. Constitutes:

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

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

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

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

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

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

4. Where, in accordance with the provisions of its regulatory legislation, urban planning instruments are intended to cover overlapping surfaces, in the scraper and subsoil or in the flight, in the building or in private use and in the public domain, constitute a real estate complex in which the property and the property have the character of special properties of private attribution, prior to the disaffection and with the limitations and easements that come for the protection of the public domain.

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

Article 18. Profit and load distribution operations.

1. The approval of the instruments for the distribution of benefits and charges produces the effect of the subrogation of the farms of origin for the results and the distribution of their ownership among the owners, the promoter of the performance, when be paid by the award of parcels included in it, and the Administration, to whom the full charge-free domain of the land referred to in Article 16 (1) (a) and (b) is concerned. In this case, if the distribution of profits and charges between the owners affected by the action is appropriate, it is understood that the owner of the ground in question provides both the surface of his or her scraper and the surface of the subsurface or flight from the ground. is segregated.

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

3. There was real subrogation and compatibility with the urban planning, if the situation and characteristics of the new farm were incompatible with the subsistence of the real rights or burdens that would have to be borne on them, the people that these rights or charges may be granted for their conversion into a credit claim with a mortgage guarantee on the new farm, in the amount in which the charge is valued. The registrar of the property that appreciates such incompatibility shall record it in the respective seat. By default of agreement between the parties concerned, any of them may go to the competent court of civil order to obtain a declaration of compatibility or incompatibility and, in the latter case, to fix the assessment of the the burden and the constitution of the said mortgage guarantee.

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

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

6. Once the final approval agreement for the distribution of benefits and charges is signed on an administrative basis, it will be entered in the Register of Property in the form set out in Article 54.

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

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

Article 19. Transmission of estates and urban planning duties.

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

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

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

(b) Legal duties and obligations to be fulfilled, where the land is subject to one of the actions referred to in Article 14 (1).

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

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

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

Article 20. New work declaration.

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

Trying to write new work declaration, will require, in addition to the certification issued by competent technician accrediting the completion of this according to the description of the project, the accreditation documentary of compliance with all the requirements imposed by the legislation of the building for the delivery of it to its users and the granting, express or administrative silence, of the administrative authorizations that it provides territorial and urban planning legislation.

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

TITLE III

Valuations

Article 21. Scope of the rating regime.

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

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

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

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

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

2. The assessments are referred to:

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

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

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

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

Article 22. General criteria for the valuation of buildings.

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

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

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

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

In urbanised soil, buildings, buildings and installations that comply with the legality shall be assessed jointly with the soil in the manner provided for in Article 24 (2).

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

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

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

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

Article 23. Assessment of rural land.

1. When the soil is rural for the purposes of this Law:

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

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

The value of the rural land thus obtained may be corrected upwards up to a maximum of double depending on objective factors of location, such as accessibility to population centers or to economic activity centers or the location in environments of singular environmental or landscape value, the application and weighting of which shall be justified in the relevant assessment file, all in terms of the terms that are regulated.

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

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

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

Article 24. Assessment in the urbanised soil.

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

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

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

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

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

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

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

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

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

Article 25. Compensation for the ability to participate in new urbanization activities.

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

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

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

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

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

2. The compensation for preventing the exercise of the right to participate in the performance or to alter its conditions will be the result of applying the same percentage as determined by the legislation on spatial and urban planning for the the participation of the community in the capital gains in accordance with the provisions of Article 16 (b), first subparagraph of this Law:

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

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

Article 26. Compensation for the initiative and the promotion of urbanization or construction actions.

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

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

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

c) Compensation paid.

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

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

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

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

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

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

Article 27. Soil assessment on the basis of balance of benefits and charges.

1. Where, in the absence of agreement between all the subjects concerned, the floor contributions of the owners involved in a performance of urbanisation in the exercise of the power laid down in Article 1 (1) (c) are to be assessed. 8, in order to weigh them against each other or with the contributions of the sponsor or the administration, for the purposes of the distribution of the profits and charges and the allocation of the resulting parcels, the land shall be assessed for the value which it would correspond to if it were finished the performance.

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

Article 28. Valuation regime.

The valuation is performed, in all the non-provision of this Law:

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

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

TITLE IV

Forced expropriation and patrimonial liability

Article 29. Regime of expropriations by reason of spatial and urban planning.

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

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

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

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

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

4. Natural or legal persons who are subrogated in the faculties of the State, Autonomous Communities or local entities for the execution of certain plans or works shall be considered to be beneficiaries of the expropriation.

Article 30. Justicpricing.

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

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

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

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

Article 31. Occupation and registration in the Land Registry.

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

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

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

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

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

Article 32. Load-free acquisition.

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

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

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

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

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

Article 33. Modalities for the management of expropriation.

1. The Local Entities may promote, for the management of expropriations, the associative modalities with other Public Administrations or individuals, in accordance with the legislation of local and urban planning.

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

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

Article 34. Reversion and retasination assumptions.

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

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

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

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

(d) Expropriation for non-performance of the duties or non-lifting of the charges of the regime applicable to the soil under this Law.

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

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

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

(b) The challenge arises when the use or buildability of the land is altered, by virtue of an amendment to the territorial and urban planning instrument which is not carried out in the context of a new full exercise of the (a) the right to order, and this means an increase in its value according to the criteria applied in its expropriation. The new value will be determined by applying the same valuation criteria to the new uses and buildability. The difference between that value and the result of updating the price shall be the responsibility of the expropriated or its successors.

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

3. No reversal should be made where the land expropriated is segmented on its flight or subsoil, as provided for in Article 17 (4), provided that the public endowel is maintained for which one of the other land is expropriated or is to be used. circumstances provided for in the first paragraph.

Article 35. Compensation assumptions.

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

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

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

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

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

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

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

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

TITLE V

Social function of soil ownership and management

CHAPTER I

Forced Sale and Replacement

Article 36. Origin and scope of the forced sale or replacement.

1. Failure to fulfil the duties of construction or rehabilitation provided for in this Law shall enable the expropriation by non-compliance with the social function of the property or the application of the forced sale or replacement scheme, without prejudice to the that territorial and urban planning legislation can have other consequences.

2. Forced substitution is the object of the building faculty, to impose its exercise on a horizontal property with the current owner of the soil.

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

Article 37. Regime of forced sale or replacement.

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

2. Judgment of the Court of Justice of the Court of Justice of the European Parliament of the Court of Justice of the European Parliament of the Court of Justice of the European Union act or corresponding acts for their constancy by note on the margin of the last domain registration. The situation of forced sale or replacement shall be entered in the registration certificates which are issued on the farm.

3. After the procedure has been resolved, the Acting Administration will issue certification of the award, which will be the title of the Register of Property.

In the registration record, the conditions and the time limits for the construction to be made must be recorded in the form of the acquisition of the acquisition.

CHAPTER II

Public Land Heritage

Article 38. Notion and purpose.

1. In order to regulate the land market, obtain land reserves for public initiative actions and facilitate the implementation of land and urban planning, the public assets of land, resources and resources are integrated into the public sector. rights acquired by the Administration in accordance with the duty referred to in Article 16 (1) (b), without prejudice to other rights to be determined by legislation on spatial and urban planning.

2. The assets of public land assets constitute a separate asset and the income obtained by the disposal of the land in which it is made up or the replacement by money referred to in Article 16 (1) (b), shall be used for the conservation, administration and extension of the same, provided that only capital expenditure is financed and the legislation applicable to them is not infringed, or to the own uses of its destination.

Article 39. Target.

1. The goods and resources which necessarily make up public land assets under the provisions of paragraph 1 of the preceding Article shall be intended for the construction of dwellings subject to any public protection scheme. They may also be used for other uses of social interest, in accordance with the provisions of the urban planning instruments, only where provided for in the legislation in the field, specifying the eligible purposes, which shall be urban or for the protection or improvement of natural spaces or the real estate of cultural heritage.

2. The land acquired by an administration under the duty referred to in Article 16 (1) (b) which is intended for the construction of dwellings subject to any public protection scheme allowing the price to be priced the maximum sale, rental or other forms of access to the dwelling may not be awarded either in such transmission or in the successive ones, for a price exceeding the maximum value of the impact of the land on the type of housing in question, according to its regulatory legislation. This limitation shall be recorded in the administrative file and in the act or contract of disposal.

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

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

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

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

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

CHAPTER III

Surface Law

Article 40. Content, constitution and regime.

1. The actual right of surface attributes to the surface the ability to perform constructions or buildings in the scraper and in the flight and the subsoil of an alien farm, maintaining the temporary property of the constructions or buildings performed. This right may also be constituted on buildings or buildings already made or on dwellings, premises or private elements of buildings or buildings, attributing to the surface the temporary property of the same, without damage to the property separated from the owner of the soil.

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

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

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

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

Article 41. Transmission, taxation and extinction.

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

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

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

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

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

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

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

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

TITLE VI

Legal regime

CHAPTER I

Performances with the Fiscal Ministry

Article 42. Criminal offences or misconduct.

When, on the occasion of the administrative files which are instructed for urban infringement or against the planning of the territory, there are indications of the nature of the offence or the lack of the actual fact which led to its opening, the The competent authority to impose the sanction shall bring it to the attention of the Prosecutor's Office, for the purposes of requiring the responsibilities of criminal order in which the offenders may have incurred, refraining from pursuing the procedure sanctioning as long as the judicial authority has not acted. The criminal sanction shall exclude the imposition of an administrative penalty without prejudice to the adoption of measures to replace the situation prior to the commission of the infringement.

CHAPTER II

Petitions, Acts, and Agreements

Article 43. Requests.

Local Entities and Urban Organizations will have to resolve the well-founded requests addressed to them.

Article 44. Administration sued in surrogacy.

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

Article 45. Enforced execution and award path.

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

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

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

Article 46. Ex officio review.

Local entities may review their acts and arrangements in the area of urban planning on their own initiative in accordance with the provisions of the laws of the legal regime of the Public Administrations.

CHAPTER III

Actions and resources

Article 47. Character of the acts and conventions regulated in urban legislation.

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

Article 48. Public action.

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

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

Article 49. Action before ordinary courts.

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

Article 50. Litigation-administrative resource.

1. The acts of the Local Entities, whatever their object, that put an end to the administrative route shall be directly applicable to the administrative-administrative jurisdiction.

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

CHAPTER IV

Property Registry

Article 51. Inscribable acts.

They will be entered in the Property Registry:

1. The final acts of approval of the planning implementation files as soon as they entail the modification of the registered farms affected by the instrument of management, the allocation of the domain or other real rights on the same or the establishment of real guarantees of the implementation or conservation obligation of the urbanisation.

2. Land disposals on a compulsory basis in the cases provided for by law or as a result of transfers of urban development.

3. The opening of a file on urban planning or of those with the object of the administrative award to ensure compliance with imposed sanctions.

4. The special conditions to be subject to the acts of conformity, approval or administrative authorization, in the terms provided for by the laws.

5. The acts of transfer and taxation of urban exploitation.

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

7. The final judgments in which the cancellation referred to in the preceding paragraph is declared, when specified on certain farms and the holder has participated in the procedure.

8. Any other administrative act which, in the development of the planning or urban implementation instruments, changes, of course or in the future, the domain or any other real right on certain farms or the description of such farms.

Article 52. Administrative certification.

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

Article 53. Class of seats.

1. The acts and agreements referred to in Article 51 (1), (2), (7) and (8), as well as the area occupied in favour of the Administration, shall be recorded by registration, as they are intended for public funding by the Member State concerned. spatial and urban planning.

2. The acts referred to in Article 51 (3) and (6) shall be made on a preventive basis. Such entries shall expire at four years and may be extended at the request of the acting urban organ or the court or tribunal, respectively.

3. The other acts and agreements referred to in Article 51 shall be taken on a marginal note. Unless otherwise expressly stated, the marginal notes shall have an indefinite effect, but shall not have any other effect than to make known the urban situation at the time referred to in the title which originated them.

Article 54. Benefit and load distribution files.

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

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

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

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

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

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

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

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

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

Additional disposition first. Urban information system.

In order to promote transparency, the General Administration of the State, in collaboration with the Autonomous Communities, will define and promote the application of those basic criteria and principles that make it possible, from the coordination and complementation with the relevant authorities in the field, the formation and permanent updating of a general and integrated public system of information on land and urban planning, and also the compatibility and coordination with other information systems and, in particular, with the Catastro Real estate.

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

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

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

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

The cities of Ceuta and Melilla will exercise their regulatory powers within the framework of this Law and those that the State will enact.

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

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

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

1. Article 39 of this Law on access to the Registry of the Property of the Property of the Limitations, Obligations, Timescales or Conditions of Destination in the Enajenations of Farms shall be applicable to the property of the State's patrimony. intended for the construction of dwellings subject to any public protection scheme which allows the price of their maximum selling or rental price to be assessed.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Additional provision sixth. Forest soils set on fire.

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

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

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

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

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

1. For the capitalisation of the actual or potential annual income of the holding referred to in Article 23 (1), the last reference published by the Banco de España on the performance of the public debt shall be used as a capitalisation rate. of the State in three-year secondary markets.

2. In the General Budget Law of the State, the type of capitalization set out in the previous paragraph may be modified and minimum values shall be set according to crop types and land use, where the observed price trends In the case of land or interest rates, the result of valuations in relation to the market prices of rural land without regard to urban expectations should be significantly taken away.

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

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

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

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

1. Amendment of Article 22.2.

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

(...)

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

(...) "

2. Adding a new item 70 ter.

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

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

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

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

3. Amendment of Article 75.7.

" Local representatives, as well as the non-elected members of the Local Government Board, shall make a statement on the causes of possible incompatibility and on any activity that provides or may provide income for them. economic.

Formulate also the declaration of their property assets and the participation in companies of all kinds, with information from the companies involved and from the settlements of income taxes, Patrimony and, if applicable, Societies.

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

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

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

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

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

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

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

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

" 8. During the two years following the end of his term of office, the local representatives referred to in the first paragraph of this article have held executive responsibilities in the different areas in which the government is organized. The limitations to the exercise of private activities laid down in Article 8 of Law 5/2006 of 10 April of Regulation of the Conflicts of Interests of Members of the European Union shall apply in the territorial area of their jurisdiction. of the Government and the High Charges of the General Administration of the State.

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

5. Inclusion of a new Additional Disposition "Incompatibilities and declarations of activities and assets of local directors and other personnel at the service of local entities".

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

However, the limitations to the exercise of private activities laid down in Article 8 of Law 5/2006, of 10 April, of Regulation of the Conflicts of Interests of the members of the Government and of the the High Charges of the General Administration of the State, in the terms in which it establishes Article 75.8 of this Law.

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

2. The scheme provided for in Article 75.7 of this Law shall apply to local management staff and to officials of local authorities with a state rating which, as provided for in Article 5.2 of the Disposition Additional Second of Law 7/2007, of 12 April, of the Basic Staff Regulations, perform in the local entities posts which have been provided by free designation to the management of their functions or to the special responsibility to assume. "

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

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

In the event of disagreement, the file shall be forwarded by the Department concerned to the Minister of Housing, who shall submit it to the Council of Ministers, after report of the competent body of the Autonomous Community, to be issued within one month. The Council of Ministers shall decide whether the project should be implemented, and in this case it shall order the initiation of the procedure for altering the urban planning to be carried out in accordance with the procedure laid down in the regulatory legislation.

2. The City Council may in any case agree to suspend the works referred to in paragraph 1 of this Article where they are intended to be carried out in the absence or in contradiction with the notification, in accordance with the planning and prior to the decision to implement the work adopted by the Council of Ministers, communicating the suspension to the project's editorial body and the Minister of Housing, to the effects prevented by it.

3. The works which directly affect the national defence, for whose suspension the Council of Ministers will have to mediate, are excepted from this faculty, on the proposal of the Minister of Housing, upon request of the competent City Council and report of the Ministry of Defense.

Additional provision eleventh. Rehousing and return.

1. In the execution of the expropriations referred to in the second paragraph of Article 29, which require the eviction of the legal occupants of buildings constituting their habitual residence, the expropriating administration or, where appropriate, the the beneficiary of the expropriation must guarantee the right of those to the rehoming, making available to them dwellings in the conditions of sale or rent in force for the subject to regime of public protection and adequate surface to their needs, within the limits set by the protective legislation.

2. In the non-expropriatory isolated actions, the tenants of the demolished houses will have the right of return regulated in the lessor legislation, exercisable in front of the owner of the new building, whatever it is. In such cases, the temporary accommodation of the tenants must be ensured until the return is possible.

First transient disposition. Application of the soil reserve for sheltered housing.

The protected housing reserve required by point (b) of the first paragraph of Article 10 of this Law shall apply to all changes in management whose approval procedure is initiated after entry into force. of Law 8/2007, of 28 May, of Soil, in the form laid down by the legislation on spatial and urban planning. In those cases where the Autonomous Communities have not established reserves equal to or greater than that laid down in point (b) of Article 10 (1) of this Law, from 1 July 2008 until their adaptation to that Law, The 30 percent reserve provided for in this Law will be directly applicable with the following details:

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

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

Second transient disposition. Duties of the allocation actions.

The duties provided for in this Law for the actions of the endowment will be applicable, in the form provided for in the legislation on spatial and urban planning, to the changes of the ordination that will provide for the increase of buildability or density or the change of uses whose approval procedure is initiated as from the entry into force of Law 8/2007 of 28 May of Soil. If, after one year from the date of entry into force of this legislation, such legislation does not have the precise rules for its application, from that moment on and until its adaptation to this Law, the following shall apply:

(a) The instrument of management shall delimit the scope of the action, whether continuous or discontinuous, including increases in buildability or density or changes of use and new allocations to them. and calculate the total value of the charges attributable to the performance corresponding to each new roof square metre or to each new dwelling, as appropriate.

(b) The owners may fulfil the duties that consist of the delivery of the soil, where they do not have the necessary to do so, paying their equivalent in money.

(c) The duties shall be fulfilled at the time of the granting of the license or the administrative act of intervention required for the materialization of the greatest buildability or density or the beginning of the use attributed by the new sorting.

Transitional provision third. Valuations.

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

2. The land which, at the entry into force of that land, forms part of the land-building land included in demarcated areas for which the planning has laid down the conditions for its development, shall be assessed in accordance with the rules laid down in the Law 6/1998, of 13 April, on the Conditions of Soil and Valorations, as amended by Law 10/2003 of 20 May, provided that the time limits for the execution are not expired at the time when the assessment is to be understood of the planning or, if they have expired, either due to imputable cause to the Administration or to third parties.

In the absence of an express forecast of execution deadlines in planning or territorial and urban planning legislation, it will apply the three-year period since the entry into force of Law 8/2007, of 28 May, of Soil.

3. As long as the provisions of this Law on criteria and method of calculation of the valuation are not developed and compatible with it, the provisions of Article 137 (3) of the Management Regulation shall be in accordance with Article 137 (3) of the Management Regulation. Urban planning approved by Royal Decree 3288/1978 of 25 August 1978 and the rules for the valuation of immovable property and certain rights contained in Order ECO/805/2003 of 27 March 2003 or provision to replace it.

Transitional disposition fourth. Minimum sustainability criteria.

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

Transient disposition fifth. Existing buildings.

The existing buildings at the entry into force of Law 8/1990 of 25 July, located in urban or urbanizable soils, carried out in accordance with the applicable urban planning or with respect to those that no longer apply (a) lay down measures for the restoration of urban lawfulness involving its demolition, shall be construed as being incorporated into the estate of its holder.

Final disposition first. Competence title and scope of application.

1. They have the character of basic conditions of equality in the exercise of the rights and the fulfilment of the corresponding constitutional duties and, where appropriate, of the basis of the general planning system, of economic activity and environmental protection, given in the exercise of the powers reserved to the general legislator in Article 149.1.1., 13. 18. and 23. of the Constitution, Articles 1; 2; 3; 4; 5; 6; 7; 8; 9; 10 1 and 2; 11, paragraphs 1, 2, 3, 4, 6 and 7; 12; 13; paragraphs 1, 2, 3 (a), first subparagraph and point (b); and paragraph 4; 14; 15; 16; 29, paragraphs 2, second and 3; 33; 36, paragraph 3; 42; the first, sixth, paragraphs 1 and 2, and eleventh, and the first transitional provisions; second, fourth and fifth.

2. Articles 38 and 39 (1) and (2) are based on the general planning of the economic activity given in the exercise of the competence reserved to the State legislator in Article 149. 1. 13. of the Constitution, without prejudice to the exclusive jurisdiction over land and urban planning granted by the Autonomous Communities.

3. They have the character of provisions established in the exercise of the competence reserved to the State legislator by Article 149.1.4., 8. and 18. on defence, civil law, compulsory expropriation and the system of liability of the General government, Articles 10 (3), 11 (5), 13 (3) (a), second subparagraph, 17; 18; 19; 20; 21; 22; 23; 24; 25; 26; 27; 28; 29, paragraphs 1, 2 first and 4; 30; 31; 32; 34; 35; 36, paragraphs 1 and 2; 37; 39; paragraphs 3 and 4; 40; 41; 43; 44; 45; 46; 47; 48; 49; 50; 51; 52; 53 and 54 and the second second; fifth; sixth, paragraph 3; seventh and tenth and the third transitional provision.

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

(a) The power referred to in Article 10 (1) (b) to the Law to reduce the percentage of the housing stock subject to a public protection scheme and to determine the possible destinations of the public property of the soil, as provided for in Article 39 (1), may be exercised directly in the General Plan.

(b) The percentage referred to in Article 16 (1) (b) shall be 15%, that the General Plan may increase the number of actions or areas in which the plan may be increased, and shall provide up to 20%. the value of the resulting solar energy or its increase, if any, is significantly higher than the average of those included in the same soil class.

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

Final disposition second. Development.

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