JUAN CARLOS I REY OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

REASON I EXPOSURE

The history of contemporary Spanish urban law was forged in the second half of the 19th century, in a socio-economic context of industrialization and urbanization, around two major types of urban operations: the This is the only way to achieve this. It is a question of the European Union's economic and social policy. 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 by means of 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 subject, but must avoid making it conditional on it. Although the state legislator has adapted to this order, it cannot be said yet that it 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 was promulgated in 1992, six reforms or innovations of different draught have occurred, in addition to the two operations of "negative legislation" in the Constitutional judgments, number 61/1997 and 164/2001. It cannot be said that such a run-down-eight innovations in twelve years-is 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 which is fully inspired by the constitutional values and principles mentioned above, on which it feels a common basis in which the autonomy can coexist with equality. 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, 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 up to this legislator to judge its 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. Second, 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 sum, 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, especially 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.

II

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 the vertebrate, according to the philosophy set forth in the previous section.

III

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 first, 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 The Commission has also adopted a report on the

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 the competition of third parties, 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, as a combination of powers and duties, among which we no longer have to urbanize for the reasons set out in the previous paragraph, although the participate in the development of a private initiative in a system of equitable distribution of benefits and burdens, with due guarantees that their participation is based on informed consent, without being able to impose more the legal and non-detriment to which the urban legislator chooses to continue to reserve the ownership of the urbanization initiative in certain cases according to this Law, which pursues progress but not rupture.

IV

Correlative of the rights of persons 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, at a time, promote the usefulness of the processes involved and the speed of the procedures in which they are inserted. In addition, it 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 state 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 this possible by making it possible to adapt more and more flexibly to reality, and in particular to the net performance of the action concerned or the reference area in which it is inserted, which has not yet been taken into account.

V

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 others-from 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 point of view, 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 rural land, the method of comparison is abandoned because the requirements necessary to ensure its objectivity and the elimination of speculative elements are very rarely met, for which the usual method of the However, it is not possible to forget that, without considering the urban expectations, the location influences the value of this land, with the income of position being a factor relevant 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.

VI

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.

VII

The last Title of the Law 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 This capacity shall be effectively exercised in order to fulfil the social function of the property and the urban land use of the property, whether public or private, its owner.

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 is closed with a regulation of the system of the right of surface aimed to overcome the current deficient normative situation of this right and to favor its operability in order to facilitate the access of the citizens to the housing and, In general, it will diversify and boost the supply of real estate.

PRELIMINARY TITLE

General provisions

Article 1. Purpose of this law.

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 system, its valuation and the public responsibility of the public administrations in this field.

Article 2. Principle of territorial and urban sustainable 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 heritage and landscape.

(b) The protection, appropriate to its character, of the rural environment and the preservation of the values of the soil 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 which are its own and in which the uses are combined in a functional manner and are effectively implemented, when fulfil a social function.

The pursuit of these aims will be adapted to the peculiarities that result 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 at the service of the effectiveness of the right to enjoy decent and adequate housing, in the terms provided by the legislation in the field.

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. Territorial and urban planning legislation shall 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 have the right to: (a) To enjoy decent, adequate and accessible housing, conceived in accordance with the principle of design for all persons, constituting their domicile free of noise or other missions pollutants of any kind exceeding the maximum limits permitted 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 spatial planning, urban planning and environmental assessment, as well as to obtain copies or certification of the administrative provisions or acts adopted, in the terms laid down by its regulatory legislation. (d) to 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 farm, in the terms laid down by its regulatory legislation. (e) To participate effectively in the procedures for the elaboration and approval of any instrument of spatial planning or planning and urban planning and of its environmental assessment by means of the formulation of allegations, comments, proposals, complaints and complaints and to obtain from the Administration a reasoned response, in accordance with the legislation governing the legal system of that Administration and the procedure in question. (f) to exercise public action in order to ensure compliance with the determinations of territorial and urban planning, as well as the decisions resulting from the environmental assessment procedures of the instruments containing them and the projects for its implementation, in the terms laid down in its regulatory legislation.

Article 5. Duties of the citizen.

All citizens have a duty to: (a) Respect and contribute to preserving the environment, historical heritage and the natural and urban landscape, refraining in any case from performing any act or developing any activities not permitted by the legislation in the field.

b) Respect and make 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 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) comply with the requirements and conditions under which the legislation applies to the nuisance, unhealthy, noxious and dangerous activities, as well as to use the best available techniques in accordance with the applicable rules.

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

(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 implementing the urbanisation when it is not or is not to be carried out by the competent authority itself. 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, the extension and strengthening of existing ones outside the scope of the action. The territorial and urban planning legislation shall set the maximum time limit for the reply of the consultation, which shall not exceed three months, unless a rule with a law range establishes a higher standard, as well as the following effects. 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 to render them useless, in the terms of the general regime of the responsibility of the public authorities. (c) the right of the owner to make the permitted installation, construction or construction in his or her grounds, provided that the land is an appropriate unit for meeting the physical and legal conditions legally required and those required for the time and conditions laid down by the territorial and urban planning and in accordance with the applicable legislation.

Article 7. Urban regime of land ownership rights.

1. The urban land ownership regime is statutory and results from its links to specific destinations, in the terms set out in 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 laid down 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 (c), where the spatial and urban planning attribute to that buildability for use or for certain uses and other requirements and conditions laid down for building. (c) to participate in the implementation of the urbanisation measures referred to in Article 14 (1) (a), in a scheme of equitable distribution of benefits and charges among all the owners concerned 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 spatial and urban planning, which may not be less than one month or be counted from a moment prior to the date on which it is able to know the extent of the burden of the action and the criteria for its distribution to the persons concerned.

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 to property of the land shall be understood, whatever the situation in which it is situated and without prejudice to the system to which it is subject, by virtue of its classification, the duties of dedicating it to uses which are not incompatible with the territorial and urban planning; to preserve it 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 work of improvement and rehabilitation to the extent of the legal duty of conservation.

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 grounds and its plant mass in a position to avoid risks of erosion, fire, flood, safety or health. public, damage or damage to third parties or to the general interest, including the environment; to prevent contamination of soil, water or air and undue pollution in other goods and, where appropriate, to recover them; and to maintain the establishment and operation of the services derived from the uses and activities carried out in the soil. 2. The exercise of the powers provided for in points (a) and (b) of the first paragraph of the preceding article, in areas which are located in the rural area for the purposes of this Law and are not subject to the scheme of a housing development, 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 legitimate private land use not linked to its primary holding. (c) Cost and, where appropriate, implement the infrastructure for connection of the installation, construction or construction with the general service networks and deliver them to the competent authority for incorporation into the public domain when must 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 spatial and urban planning, as well as allowing the necessary goods to be occupied for the performance of the works to the person responsible for executing the action.

TITLE II

Soil Regime Bases

Article 10. Basic criteria for land use.

In order to enforce the principles and rights and duties set out in Title I, the Public Administrations, and in particular the competent authorities in matters of spatial and urban planning, must: spatial and urban planning a destination that will transport or enable the passage of the situation of rural land to that of urbanized soil, by urbanization, to the precise soil to satisfy the needs that justify it, to prevent the speculation with him and preserve from the urbanization to 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, rent or other forms of access to housing, such as the right of area or administrative concession. This reserve shall be determined by, or in accordance with, the legislation on spatial and urban planning by means of management and shall, at least, comprise the land necessary to carry out 30% 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 permit exceptionally a lower reserve for certain municipalities or actions, provided that, in the case of new urbanisation measures, it is ensured in the instrument of The Commission has also been responsible for the implementation of the budget for the implementation of the Structural Funds and the implementation of the Structural Funds. (c) to develop, in the management of land use, the principles of universal accessibility, equal treatment and opportunities for women and men, mobility, energy efficiency, guarantee of water supply, prevention of natural hazards and serious accidents, prevention and protection against pollution and the limitation of their consequences for health or the environment.

Article 11. Advertising and efficiency 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 content that will determine the laws.

2. 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 to be suspended and the duration of such suspension.

3. The competent public authorities shall promote the telematic advertising 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.

4. 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 legislation applicable. 5. 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 adopted within the time limit laid down by the legislation.

Article 12. Basic soil situations.

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

2. It's in the rural land situation:

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

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 the form determined by the land and urban planning legislation. 3. Since the land is included in the scope 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.

(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 urbanisation.

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 the grounds which the 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 will have to be submitted to public information, which in the case of the Natura 2000 network will be made prior to 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 rules of protection laid down in the applicable legislation.

Article 14. Actions of urban transformation.

1. For the purposes of this Law, it is understood by actions of urban transformation: a) The actions of urbanization, which include: 1) The new urbanization, which represent the passage of a land area of the situation of rural land to that of urbanized to create, together with the relevant infrastructure and public endowments, one or more parcels suitable for the construction or use independently and operationally connected with the network of services required by the spatial planning and urbanistics.

2) Those that aim to reform or renew the urbanization of an area of urbanized soil.

(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 the urban planning to one or more plots of the field and do not require the integral renovation or renovation of the urbanization of this one. 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 least the following reports shall be collected at the time of consultation on instruments for the management of urbanisation, where they are mandatory and have not already been issued and incorporated into the file or are to be issued in a later 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 administration of the coast on the deslinde and the protection of the maritime-terrestrial public domain, in its case. (c) Those of the competent authorities in the field of roads and other infrastructure concerned, with regard to that condition and the impact of the action on the service capacity of such infrastructure.

The reports referred to in this paragraph will be decisive for the content of the environmental memory, which can only be expressly disallowed from them. 4. The documentation of the instruments for the management of urbanization actions should include a report or memory of economic sustainability, in which the impact of the action on the affected Public Haciendas 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 sufficiency 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 should consider at least the environmental and economic sustainability referred to in this Article. The municipalities shall be obliged to the report referred to in the preceding paragraph where the legislation in question so provides and at least when they have to have a Local Government Board. The report referred to in the preceding paragraphs may provide for the purposes of the monitoring referred to in the legislation for the assessment of the effects of certain plans and programmes on the environment, where all the requirements are met. in which they are required. 6. Territorial and urban planning legislation shall establish in which cases the impact of an urbanization performance requires the full exercise of the authority of the municipality or 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. According to its nature and scope, the actions of urban transformation involve the following legal duties: (a) To provide the competent authority with the soil reserved for vials, free spaces, green areas and other endowments public included in the action itself or attached to it for obtaining it.

In the case of the allocation, the delivery of the land 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 the urbanisation loads corresponding to the percentage of the weighted average buildability of the performance, or the higher reference area in it is included, which sets out the legislation governing territorial 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 areas covered by the action. As a general rule, the percentage referred to in the preceding paragraphs may not be less than five per cent and not more than 15%. Territorial and urban planning legislation may exceptionally allow the reduction or increase of 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 the supply of the soil may be replaced by other forms of compliance with the duty, except where it can be met with soil for housing subject to a system of public protection under the reserve referred to in Article 10 (b). (c) Cost and, where appropriate, implement 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 existing services outside the Community. action which is required by its size and specific characteristics, without prejudice to the right to reintegrate the costs of installing the service networks from its undertakings, in accordance with the terms laid down in the legislation applicable. The works and infrastructure referred to in the preceding paragraph shall be understood to include those for the purification, supply and purification of water required in accordance with their regulatory legislation and legislation on spatial planning and Urban planning may also include public transport infrastructure that is required for sustainable mobility. (d) to deliver to the competent authority, together with the appropriate soil, the works and infrastructure referred to in the preceding point which must be part of the public domain as a building support for any installations owned by any other networks of endowments and services, as well as such facilities where they are intended for the provision of public ownership services. (e) Ensure the rehousing of the legal occupants who require the removal of immovable property located within the area of the performance and which constitute their habitual residence, as well as the return when they are entitled to it, in the established terms in the legislation in force. (f) Indemnify holders of rights on buildings 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 which may result from the liquidation of the final accounts of the action.

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. It is: (a) Finca: the unit of land 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 consideration of a registration.

b) Parcela: the unit of soil, both in the scraper and in the flight or the 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 the registrars to practice the corresponding registration. 3. The establishment of a property 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 areas, 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 those and the property have the character of special properties of private attribution, after the disaffection and with the limitations and easements that come for the protection of the public domain. 5. The instruments for the distribution of profits and charges produce 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 it is paid by the award of parcels included in it, and the Administration, to whom the full charge-free domain of the land referred to in points (a) and (b) of paragraph 1 of the previous Article is concerned. In the case provided for in the preceding paragraph, where the distribution of profits and charges between the owners concerned by a performance is appropriate, it shall be understood that the owner of the soil concerned provides both the surface of the standard and the of the subsurface or flight from which it is segregated.

Article 18. 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 to require the compensation to be provided in accordance with the 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 payable. 5. In the titles for which land is transferred to the Administration, the demanial or patrimonial character of the property and, where appropriate, its incorporation into the patrimony shall be specified for the purposes of its registration in the Land Registry. Soil public.

Article 19. 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 inscriptions of the new work declaration scripts, the registrars shall require compliance with the requirements set out in the previous paragraph.

TITLE III

Valuations

Article 20. Scope of the assessment scheme.

1. Land valuations, installations, buildings and buildings, and the rights established in or in relation to them, are governed by the provisions of this Law when they are intended to: (a) The verification of the distribution operations of the benefits and charges or other specific charges for the execution of spatial and urban planning in which the valuation determines the assets of the right to property, in the absence of agreement between all the parties subjects concerned.

b) The fixing of the Justiprice in the expropriation, whatever the purpose of the expropriation and the legislation that motivates it. (c) the fixing of the price payable to the owner on the sale or replacement. (d) The determination of the responsibility of the Public Administration.

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 the 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 assessment is necessary for the purpose of determining the liability for the liability of the public authorities at the time of the entry into force of the provision or the commencement of the effectiveness of the act causing the injury.

Article 21. General criteria for the valuation of buildings.

1. The value of the land 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 intended 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 shall be determined in accordance with the basic situation of the grounds on which they are situated or by which they fall 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 (a) yield considered in the assessment of the soil and have not been taken into account in this assessment for its permanent improvement. In urbanised land, buildings, buildings and installations which comply with the lawfulness shall be assessed jointly with the soil in the manner provided for in Article 23 (2). It is understood that the buildings, buildings and installations are in accordance with the legality at the time of their assessment when they were carried out in accordance with the urban planning and the legitimate administrative act that required, or have been subsequently legalized in accordance with the provisions of the urban legislation. The assessment of buildings or constructions shall take into account their age and their conservation status. If the situation of the off-order has been incurred, its value shall be reduced in proportion to the elapsed time of its useful life. 4. The valuation of the administrative concessions and the real property rights, for the purposes of their constitution, modification or extinction, shall be made in accordance with the provisions on expropriation that specifically determine the (a) the Court of Justice of the European Parliament and of the Court of Justice of the European Parliament. When expropriating a property taxed with charges, the Administration that carries out the property may choose between fixing the justiceof each of the rights that the domain concurs, in order to distribute it among the owners of each of them, or to evaluate the property as a whole and to record the amount held by the court, so that it establishes and distributes, in the course of the incidents, the proportion corresponding to the respective parties concerned.

Article 22. Assessment of rural land.

1. Where the land is rural for the purposes of this Law: (a) The land shall be assessed by the capitalisation of the actual or potential annual income, whichever is higher, of the holding according to its state at the time when the land is referred to as the assessment.

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, revenue from grants which, on a stable basis, are granted to crops and uses which are considered for their calculation and the costs necessary for the holding concerned shall be deducted. The value of the rural soil thus obtained may be corrected upwards up to a maximum of twice as a function of objective factors of location, such as accessibility to population centres or to economic activity centres or the location in a unique environmental or landscape value, the application and weighting of which must be justified in the relevant assessment dossier, all in the terms that are laid down in regulation. (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 the valuation is to be understood. (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 Rustic Leases.

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 23. Assessment in the urbanised soil.

1. For the valuation of the urbanized land that is not built, or in which the existing or ongoing construction is illegal or is in a situation of physical ruin: a) The use and buildability of reference are considered to be attributed to the plot by urban planning, including in the case of housing, subject to any protection regime that allows the price to be priced 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 subparagraph shall, where appropriate, be deducted from the value of the duties and charges pending 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 carried out.

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 origin.

Article 24. Compensation for the ability to participate in new urbanization activities.

1. The power to participate in the implementation of a new urbanisation action shall be assessed where the following requirements are met: (a) the grounds have been included in the delimitation of the scope of the action and the requirements are met; required to initiate it or to expropriate the corresponding soil, in accordance with the legislation in the field.

(b) The provision, act or fact 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 action and the expiry of the time limits laid down for that financial year, or thereafter if the implementation has not been carried out by causes attributable to the Administration. (d) the assessment does not bring about the failure of the duties inherent in the exercise of the power.

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 situation of origin and the value that would correspond to it if the action was 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 25. Compensation for the initiative and the promotion of actions of urbanization or construction.

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 (a) Those who have been 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 to legitimize a development, construction, or conservation or rehabilitation of the building.

b) Those of the works undertaken and those of financing, management and promotion necessary for the performance of the performance. (c) the 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 fact that motivates the valuation prevents its termination.

(b) For the value 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 that set out in the previous article and shall be distributed proportionally among the successful allotment 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 to receive the remuneration which he has established.

4. Land owners who are not in the day in the performance of 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 26. Valuation of the land under the 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 27. System of valuation.

The assessment is carried out, in all the provisions of this Law: (a) According to the criteria to be determined by the laws of the spatial and urban planning, when it is intended to verify the precise operations for the implementation of the planning and, in particular, the distribution of the benefits and the burdens resulting from it.

(b) According to 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 28. The system of expropriations by reason of territorial and urban planning.

1. The expropriation by reason of the territorial and urban planning can be applied for the purposes provided for in the legislation regulating such ordination, in accordance with the provisions of this Law and the Law of 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 implemented and must be produced by expropriation. 3. The Justipricing of the 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 can be satisfied in kind. 4. The act of occupation for each farm or affected by the expropriation 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 a system of coordinates and which is accompanied by the payment or supporting act of the entry 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 certificate of the building in question. The area covered by the action will be entered as one or more 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. 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.

Article 29. Assumptions of reversion and retasation.

1. If the use which prompted the expropriation of land under modification or revision of the instrument of territorial and urban planning is altered, the reversal should be made unless there are any of the following circumstances: (a) the public provision that would have motivated the expropriation would have been effectively implemented and maintained for eight years, or that the new use assigned to the land would be equally public.

(b) There shall be expropriation for the formation or extension of a public property of the soil, provided that the new use is compatible with the purposes of the land. (c) Expropriation for the execution of a urbanization performance has occurred. (d) Expropriation has occurred for non-compliance with the duties or non-lifting of the charges of the regime applicable to the soil under this Law. e) Any of the remaining cases in which the reversal does not proceed according to the Law of Compulsory Expropriation.

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, including its access to the Land Registry, shall apply to the right of challenge.

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 referred to in the first paragraph.

Article 30. Compensation claims.

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 for the exercise of the execution of the urbanization, or of the conditions for the participation of the owners in it, in exchange for the territorial or urban planning or the act or business of the award of the said property; activities, provided that the time-limits for their development or, after that, have elapsed 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 is in such a situation during its useful life. (b) Singular links and limitations that exceed legally established duties in respect of constructions 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 administrative titles enabling works and activities, determined by the change over the territorial 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, fault or negligence attributable to the injured party.

TITLE V

Social function of soil ownership and management

CHAPTER I

Forced Sale and Replacement

Article 31. 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 the legislation on land and urban planning can have other consequences.

2. The object of the forced substitution is the ability to build, 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 property right of the land may never be undermined by the legislation regulating territorial and urban planning in a a percentage of more than 50% of its value, corresponding to the difference to the administration.

Article 32. Regime of forced sale or replacement.

1. The forced sale or replacement shall be initiated on its own initiative or at the request of the person concerned 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. Solved the procedure, the Acting Administration will issue certification of the award, which will be title to be entered in the Registry of the Property. The registration shall include the conditions and the time limits for the construction to which the acquirer is obliged as a decision-making process for the acquisition.

CHAPTER II

Public Land Heritage

Article 33. Notion and purpose.

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

Article 34. Destination.

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) the property in question, provided that such 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 35. 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 time for the right of the area, which may not exceed ninety-nine years, must be fixed. The right of surface can only be constituted by the owner of the soil, whether public or private. 3. The right of the surface may be constituted for consideration or free of charge. 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 to surface is governed by the provisions of this Chapter, by civil legislation as not provided for by it and by the title constitutive of the law.

Article 36. Transmission, taxation and extinction.

1. The right of the surface is susceptible of transmission and lien with the limitations fixed in the constitution.

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 to tax as independent farms the dwellings, premises and 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 constitution of the area right, clauses and covenants relating to the rights of tanteo, retraction and retraction in favour of the owner of the land may be included for the cases of the transmissions of the right or the elements to which it is respectively, the two previous paragraphs. 4. The owner of the soil 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 right of surface shall be 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 period 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 property of the edified, without having to satisfy any compensation whatever the title under which he would have been constituted the right. However, rules on the settlement of the surface right regime may be agreed. The extinction of the right to surface in the course of its duration determines that of all kinds of real or personal rights imposed by the superficiary. If, for any other reason, the property rights of the land and the surface of the surface are met, the charges levied on one and the other right will continue to be taxed separately until the period of the right of the area.

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, with regard to 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. Development of urban planning 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 previous paragraph, shall be the responsibility of the competent bodies of the Cities of Ceuta and Melilla, prior to the mandatory report of the General Administration of the State, which will be binding in respect of questions of legality or the affectation to general interests of state competence, must be issued within three months and (a) shall be deemed to be favourable if it is not issued

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

1. Article 34 of this Law on access to the Registry of Property of the Property of the Limitations, Obligations, Time-limits 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. Where the instruments of spatial and urban planning include in the field of urbanisation actions or are assigned to them areas affected or intended for public uses or services of State competence, the General Administration of the State or public bodies holding the same as those acquired by expropriation or other onerous form shall be involved in the balance of benefits and burdens in the terms laid down in the legislation on territorial planning and urbanistics. "

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, dated 16 December 1954, is amended, which is worded in the following terms:

" 2. The estimate referred to in the preceding paragraph: (a) shall not in any case apply to the expropriations of immovable property for the purposes of fixing the value of which shall be exclusively for the valuation system provided for in the Law which regulate the assessment of the soil. (b) It shall apply only to the expropriations of movable property where they have no particular criterion of assessment as indicated 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 registered in accordance with the provisions of the mortgage legislation. 3. The certification issued by the Forestry 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 topographic plane of the land. Forest fires, 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 will be archived as provided for in article 51.4 of the Mortgage Regulation, and may be accompanied by a copy of the same in 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 22 (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 secondary markets to three years.

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 consideration of urban expectations will 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 of the Bases of the Local Regime.

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 these instruments. (...) or) the property assets where their value exceeds 10% of the ordinary resources of the budget and, in any case, the real estate swaps ".

2. Addition of a new Article 70b.

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

2. The 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 the municipalities of less than 5,000 inhabitants, this publication may be carried out through the supramunitial entities assigned the function of assistance and technical cooperation with them, which shall provide them with such 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, where appropriate, Societies. Such declarations, made in the models approved by the respective plenary sessions, shall be carried out before the inauguration, at the end of the term of office, and at the end of the term of office, in so far as the circumstances in fact are changed. The annual declarations of goods and activities shall be published on an annual basis, and in any event at the time of the end of the term of office, in the terms laid down in the Municipal Statute. Such statements shall be entered in the following Register of Interest, which shall 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 its 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 declarations 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 responsible for 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. autonomic ones that are applicable.

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 this purpose, management or senior management functions shall be considered by senior management staff, in accordance with the general guidelines laid down by the governing body of the Corporation, In this respect, the Commission has decided to take the necessary decisions and to provide for a margin of autonomy within these 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. "

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

The protected housing reserve required by Article 10 (b) of this Law shall apply to all changes in management whose approval procedure is initiated after the entry into force of this Law, in the It is prepared by legislation on land and urban planning. In those cases where the Autonomous Communities have not established reserves equal to or greater than that laid down in Article 10 (b) of this Law, one year after the date of entry into force of that Law, and Until its adaptation to this Law, the reserve of the 30 per cent foreseen 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 shall be exempt from their application; in the last two years prior to the commencement of their approval procedure, buildings have been authorised residential for less than five 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 have as their object 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 starts from the entry into force of this Law. If, after one year after the entry into force of this Law, this legislation does not have the necessary 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 define 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 shall calculate the total value of the charges attributable to the performance corresponding to each new square metre of roof or to each new dwelling, as appropriate.

(b) The owners may perform the duties that consist of the delivery of the soil, when they do not have the necessary for it, 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 ordination.

Transitional provision third. Valuations.

1. The valuation rules contained in this Law shall apply in all the files included in its scope of application that are initiated as of its entry into force.

2. The land which, at the entry into force of this Law, forms part of the land-building land included in demarcated areas for which the planning has established the conditions for its development, shall be assessed in accordance with the rules laid down in Law 6/1998, of 13 April, on the Conditions of Soil and Valorations, as amended by Law 10/2003, of 20 May, provided that at the time the assessment is to be understood, the time limits for the assessment have not expired execution of the planning or, if they have expired, be for cause attributable to the Administration or to third parties. In the absence of an express provision on deadlines for implementation in planning and territorial and urban planning legislation, it will apply for three years from the entry into force of this Law. 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.

If, after a year since the entry into force of this Law, the legislation on land and urban planning does not establish in which cases the impact of a urbanization action requires the full exercise of the law (a) the right to order, this new order or revision will be necessary where 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 floor area urbanisation of the municipality or territorial area.

Single repeal provision. Regulatory repeal.

This Law will be repealed: a) Law 6/1998 of 13 April, of the Soil and Valorations Regime.

b) Article 133 (1), Article 134 (1), Article 243 (1), Article 276, Article 280 (1) and Articles 287, 288 and 289 of the recast of the Law on Soil and Ordination Urban approved by Royal Legislative Decree 1/1992, of June 26. c) Articles 38 and 39 of the Compulsory Expropriation Act of 16 December 1954. d) How many other provisions of equal or lower rank are opposed to the provisions of this Law.

Final disposition first. Character of the device content of this Law.

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, 11, paragraphs 1, 2, 3 and 5, 12, 13, 14, 15, 16, 31 (3), the first and sixth additional provisions, paragraphs 1 and 2, and the first, second and fourth transitional provisions.

2. Articles 33 and 34 (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 Public administrations, Articles 11 (4), 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, paragraphs 1 and 2, 32, 34, 3 and 4, 35 and 36, the second, fifth, sixth, third and seventh and seventh Transitional provision third. 4. The full normative content of this Law is directly applicable in the territories of the cities of Ceuta and Melilla, with the following details:

(a) The power provided by Article 10 (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 assets of the In the case of land, the land, among those referred to in Article 34 (1), may be exercised directly in the general plan.

(b) The percentage referred to in Article 16 (1) (b) shall be 15%, which the general plan may increase motivated and provide up to 20% in the actions or areas in question. which the value of the resulting solar or its increase, if any, is significantly higher than the average of those included in its own 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. Legislative delegation.

It is delegated to the Government, for a year to count since the entry into force of this Law, the power to issue a Royal Legislative Decree that refounds the text of this Law and the precepts that remain in force of the Royal Legislative Decree. 1/1992, of 26 June, for which the recast of the Law on the Law on Soil and Urban Planning is approved, and the terminology and the content of this Law should be clarified, regularized and harmonised.

Final disposition third. Development.

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

Final disposition fourth. Entry into force.

This Law will enter into force on 1 July 2007.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this Law.

Madrid, 28 May 2007.

JOHN CARLOS R.

The President of the Government, JOSÉ LUIS RODRÍGUEZ ZAPATERO