JUAN CARLOS I King of Spain to all that the present join together and act.
Know: That the Cortes Generales have approved and I come in to sanction the following law.
EXHIBITION of reasons I urban contemporary Spanish history of law was forged in the second half of the 19th century, in a socio-economic context of industrialization and urbanization, around two main types of urban operations: ensanche and internal reform, the creation of new town and sanitation and the reform of the existing. This history crystallized in the middle of the 20th century with the first comprehensive law on the matter, which remains tax our subsequent tradition. In fact, urban's current large institutions retain a strong inertia with respect to the designed then: the classification of the soil as the technique par excellence which use both management and execution planning, where the kind of land is the true protagonist and rural land or non-developable land not just deserves attention by playing a role exclusively negative or residual; the implementation of management by a rigid system of successive disintegration of plans; the implementation of these plans practically identified with the systematic urbanisation, that can be rushed through forms of public or private management, through a set of actuation systems.
Since then, however, has been a capital evolution on which this law, must be based in several ways.
First, the 1978 Constitution establishes a new framework for the matter, both in the dogmatic and organisational. The Constitution deals with the regulation of the uses of the soil in its article 47, with regard to the realization of the right to housing and within the environmental regulatory block formed by its articles 45 to 47, where it should be inferred that various concurrent competences in the matter must contribute so loyal to the policy of rational use of natural and cultural resources in particular the territory, soil and the urban and architectural heritage which are support, object and required stage of those at the service of the quality of life. But in addition, the new order of competence established by the block of the constitutionality, as it has been interpreted by the doctrine of the Constitutional Court, is that corresponds to the autonomous communities design and develop their own policies on urban. The State corresponds to turn certain powers that have a bearing on the matter, but must avoid condition it if possible.
Although the State legislator has adapted to this order, not arguably still that it has assumed or fully internalized. In recent years, the State has legislated in a somewhat rugged way, partly forced by the circumstances, because it has done riding a successive constitutional failures. As well, since the last text revised State of the law on land and town planning scheme was enacted in 1992, there have been six reforms or innovations of different significance, in addition to two operations on paths constitutional rulings, the number 61/1997 'negative legislation' and 164/2001. You can not be so hasty evolution - eight innovations in twelve years - constitutes the ideal framework in which the autonomous communities have exercised its own legislative powers on the territory, Urbanism and housing management.
This situation cannot exceed is adding new enhancements and corrections, but by a renewal deeper fully inspired by values and previously mentioned constitutional principles, which feel a common basis in which autonomy can coexist with equality. To do this, it dispenses first regular techniques specifically planning, such as the types of plans or the kinds of soil, and avoided the use of the technicalities of them for not prefigure, even indirectly, is a concrete urban model and to facilitate the understanding of this common framework to citizens. This is not an urban planning law, but a law concerning the regulation of land and equality in the exercise of the constitutional rights to partners in regard to interests whose management is constitutionally entrusted to the State. One law, therefore, conceived from the jurisdictional boundary established in these matters by the constitutionality block and that you can and must be applied respecting the exclusive powers attributed to the autonomous communities in matters of management of the territory, urban development and housing and, in particular, on public land assets.
Regardless of the advantages that may have the technique of classification and categorization of the soil by the planning, the truth is that technique is urban, so it is not for this legislator judging his chance. In addition, it is not necessary to set the legal criteria for the evaluation of the soil. Moreover, from this particular perspective, which is fully up to the State legislature, the classification has historically contributed to the inflation of the values of the soil, incorporating revaluation expectations much until the operations necessary to materialize the urban determinations of public authorities to undertake and, therefore, it has also fostered the speculative practices, against which we must fight for imperative constitutional.
Secondly, this law leaves the bias which, so far, the State legislator came addressing the status of subjective rights affected by town planning. This reductionism is another of the historical peculiarities of the Spanish urbanism, for reasons that don't need here to develop, reserved the exclusive right of private initiative in the activity of urbanization to the ownership of land. A tradition that has certainly weighed since constitutionality block reserved for the State major competitive title to regulate the basic conditions of equality in the exercise of the rights and the constitutional duties, because it has provoked the simplistic identification of such rights and obligations with the property. But the constitutional rights affected are also others, like the of citizen participation in public affairs, the free enterprise, the right to a suitable environment and, above all, the right to a decent and also proper housing, which the Constitution itself directly linked with the land use regulation in its article 47. Then, rather than regulate the basic equality of ownership of the land conditions, must be borne in mind that the city is the environment in which it operates life civic, and therefore which must also recognize the minimum rights of freedom, participation and provision of citizens in relation to urbanism and its rural and urban environment. In sum, the law intends to guarantee the basic conditions of equality in the exercise of the rights and the fulfilment of the constitutional duties of the citizens in these matters.
In the third and final place, contemporary Spanish urbanism is a developmental history, focusing primarily on the creation of new city. Without a doubt, urban growth is still necessary, but today it seems also clear that urban planning should respond to the requirements of sustainable development, minimising the impact of that growth and committed to the regeneration of the existing city. The European Union clearly insists on it, for example the European Territorial strategy or the most recent communication from the Commission on a thematic strategy for the urban environment, which proposes a model of compact city and warns of the serious drawbacks of scattered or disorderly urbanization: environmental impact, social segregation and economic by the high costs of energy inefficiency construction and maintenance of infrastructure and provision of public services. The ground, as well as an economic resource, is also a resource natural, scarce and non-renewable. From this perspective, all of the rural land is worthy of being weighted environmental value and the liberalisation of the ground but cannot rely on an indiscriminate classification, but so-called a classification that is responsible for the land needed to meet economic and social needs in the opening to competition from private to his estate and at the discretion of effective measures against speculative practices obstructive and retaining soil so that soil with urban destination is put into use quickly and effectively. And urban land - the city already made - also has an environmental value, such as collective cultural creation which is the subject of a permanent recreation, so its features must be expression of his nature and his ordination should encourage their rehabilitation and encourage its use.
II the preliminary title of the Act is devoted to General aspects, such as the definition of the object and the enunciation of some principles that form the backbone of it, in accordance with the philosophy set forth in the preceding paragraph.
III for reasons both conceptual and competence, the first specific matter that is responsible for the law is that of the status of rights and duties of the affected subjects, who dedicated his first title, and who inspired directly or indirectly the rest of the articles. To this end, three basic subjective statutes that can be perceived as three concentric circles are defined:
First, the citizens in general with regard to land and housing, which includes rights and duties of socio-economic and environmental order of every person regardless of whatever their activity or its heritage, i.e., in the understanding of citizenship as a status of the person that will ensure your enjoyment in freedom of the medium in which you live , its participation in the Organization of such means and their equal access to facilities, services and collective spaces that demand the quality and cohesion of the same.
Second, the regime of private initiative for urban activity, which - in the terms that set the urban planning legislation in the framework of this law - is an economic activity of general interest that affects both the right to property and freedom of enterprise. In this sense, while construction takes place on a farm and access to your property - according to our historical understanding of this Institute - which can also be considered as a Faculty of the corresponding law, the estate is a public service, whose management administration can be booked or entrusted to private, and that tends to affect a plurality of farms , by exceeding both logical and physically from the limits of the property. Then, where he is entrusted its execution to the private sector, has to be open to competition from third parties, what is called in addition to redound on the agility and efficiency of action.
Third, the status of the ownership of land, defined - as is traditional among us - as a combination of powers and duties, among which is not already counted the develop for the reasons given in the previous paragraph, even if the participate in the development intervention of private initiative in a regime of equitable distribution of benefits and burdens with guarantees that their participation is based on informed consent, which may require more loads than the legal, and notwithstanding that urban legislators will probably follow reserving property initiative of urbanization in certain cases according to this law, pursued the progress but not rupture.
Correlative IV of the rights of the people are the basic duties of the administrations with which the law opens its title II.
Approval of instruments of planning and planning implementation procedures have a capital importance, that goes beyond the strictly sectoral level, by its impact on economic growth, the protection of the environment and quality of life by far. Therefore, the law assures minimum standards of transparency, real and not merely formal participation, and monitoring and evaluation of the effects that the plans on the economy and the environment. The effectiveness of these standards requires field actions of greater scale and impact, producing a radical mutation of the territorial model, undergo a new full exercise of management power. In addition, the law makes an innovative this process of evaluation and follow-up treatment, in order to integrate the consideration of resources and major infrastructure. This integration will benefit, at a time, the usefulness of the processes involved and the Celerity of the procedures that are inserted.
Residential land protected housing reserve deserves special mention because, as she has already been mentioned, it is the Constitution which binds the management of the uses of the soil with the realization of the right to housing. In view of the extraordinarily prolonged and intense path of our real estate markets, and in particular the residential expansion, it now seems reasonable to fit the material concept of the bases of the economy management guarantee a minimum offer of land for affordable housing, its direct impact on those markets and their relevance for land and housing policies without this worktable so that it can be adapted by the legislation of the autonomous communities to the urban model and their diverse needs.
In regards to the regulation of urban land, the law opts to differentiate situation and activity, State and process. As for the first thing, defines the two basic States that can be found the ground depending on whether your current situation is rural or urban, States that Deplete the also current land use management object and are therefore the determinants for the content of the right to property, giving statutory character of this regime. As for the second, feel the regime of urban land transformation performances, which are those that generate capital gains that should participate the community by requirement of the Constitution. Under the Act, subject to constitutional doctrine, the fork that can move the fixing of such participation. It does this enabling a greater and more flexible adaptation to reality and, in particular, the NET performance of the action concerned or the scope of reference in which is inserted, aspect this that, until now, was not taken into account.
V the title III deals with the criteria for valuation of land and buildings and buildings, to effect compensation, expropriation and liability of public administrations. Since the law of 1956, land legislation has continuously established a special regime of valuations that scrolls the application of criteria general law of compulsory expropriation of 1954. It has done using criteria that have without exception had a common denominator: the assess soil from what was urban classification and categorization, i.e. on the basis of what was his destiny and not their real situation. Sometimes we have tried this approximate estimations the market, presuming that the market of the ground do not produce failures or speculative tensions, against which public authorities must fight for imperative constitutional. There was thus the paradox of pretending that the real value was not to assess the reality, but also the mere expectations generated by the action of the public authorities. Even on the occasions that with the above criteria, it was intended to contain the pricing, contributed more to the contrary and, more importantly, to bury the old principle of Justice and common sense contained in article 36 of the old but still existing compulsory purchase Act: that the expropriations appraisals have not take into account capital gains that are a direct consequence of the plane or works project giving place to the expropriation or the foreseeable future.
To facilitate its implementation and ensure the necessary traffic safety, the recomposition of this panorama should seek simplicity and clarity, in addition of course of Justice. And the Constitution is which expressly - extracts on this specific issue, not in others - the value of justice a mandate aimed at the public authorities to prevent speculation. It is perfectly possible to unlinking classification and valuation. It should be assessed what is, not what the plan says that it can be in an uncertain future. Consequently, and irrespective of classes and urban soil categories, splits in the law of the two aforementioned Basic situations: there is a farm soil, that is, one that is not functionally integrated into the urban fabric, and other urbanized, meaning that has been effective and adequately transformed by urbanization. Both are valued in accordance with their nature, being so only in the second such nature integrates its urban destiny, because this destination has already become a reality. From this perspective, the assessment criteria established pursue determine with the required objectivity and certainty the value of replacement of the property on the market for another similar in the same situation.
Rural soil, leaves the method of comparison because rarely meet the requirements necessary to ensure its objectivity and the Elimination of speculative elements, for what also usual income capitalization method is adopted but without forgetting that, regardless of the urban planning expectations, location influences the value of this land, being her income position a relevant factor in the traditional formation of the price of the land. In the urban land, the assessment criteria established give rise to always up-to-date appraisals of real estate, what not ensured the former regime. In any case, and regardless of the value of the soil, when it is subjected to a building or urban transformation, progress along with a reasonable premium which give back the assumed risk costs and investment are compensated and prevent hardly understandable value jumps in the course of the process of urban planning and execution. In cases where an administrative decision prevents participate in the implementation of a performance of urbanization, or alters the conditions, without that any default by the owners, is valued the deprivation of the Faculty itself, which contributes to a more balanced treatment of the situation in which those are. In short, a regime that, without rating expectations generated exclusively by the administrative management of the land use activity, rewards and encourages the developer or building activity undertaken in compliance with it and the social function of the property.
Title IV deals with the heritage integrity of the property guarantee institutions: the forced expropriation and the liability. In terms of compulsory purchase, includes substantially the same rules already contained in the law on the ground and estimations, brought here for reasons of legislative technique, to avoid the dispersion of norms and the fractionation of provisions that pick them. In terms of reversion and liability, cases of one and another are adapted to the conception of this law on the public wealth of land and urban actions, respectively, keeping otherwise also the criteria of the previous law. It is inserted, in addition, a right to the repricing when a change of management increase the value of the expropriated land to run a development intervention, in such a way that safeguard the integrity of the compensation guarantee without pawn the efficiency of urban governance.
VII the last title of the law contains various measures of guarantee of the fulfilment of the social function of property. There are many and authorized that, voices from society, industry, Governments and the academic community denounce the existence of management and retention practices speculative of soils which obstruct the fulfilment of its function and, in particular, the access of citizens to housing. Advances in the capacity to act of the different agents that bet this law (opening of private initiative, greater proportionality in the participation of the Administration in capital gains) must be accompanied by the warranty that this capacity should be exercised effectively to comply with the social property function and the urban destination of the soil that is intended either public or private holder.
All capacity entails a responsibility that this law is articulate in the service of the general interest throughout your body: from the liability for breach of the maximum terms in procedures of planning, the possibility of forcibly replace the defaulting owner of deadlines for execution, greater rigour in the determination of the destinations of the public wealth of soil or measures refereed to ensure that it complies with that destination even when members of the public wealth of soil property is alienated.
The content of the title closes with a regulation of the system of the law of surface directed to overcome the poor current regulatory status of this right and facilitate its operation to facilitate the access of citizens to housing and, in General, diversify and energize the offers on the real estate market.
PRELIMINARY title General provisions article 1. The object of this law.
This law regulates the basic conditions that guarantee equality in the exercise of rights and in the fulfilment of the constitutional duties related to the ground throughout the State. It also establishes economic and environmental bases of their legal status, their assessment and the liability of public administrations in the matter.
Article 2. Principle of territorial and urban sustainable development.
1 public policies related to the regulation, management, occupation, transformation and land use are common usage of this resource in accordance with the general interest and according to the principle of sustainable development, without prejudice to the specific purposes for which attributed them to the laws.
2. in accordance with the principle of sustainable development, the policies referred to in the preceding paragraph must encourage the rational use of natural resources harmonizing the requirements of the economy, employment, social cohesion, equality of treatment and opportunity between women and men, health and safety of persons and the protection of the environment (, contributing to the prevention and reduction of pollution, and ensuring in particular: to) the effectiveness of the measures for the conservation and improvement of the nature, flora and fauna and the protection of the cultural heritage and landscape.
(b) the protection, suitable to its character, the rural environment and the preservation of the values of the floor unnecessary or inidoneo to meet the needs of urban transformation.
(c) an urban environment in which the occupation of the soil is efficient, it is sufficiently equipped with infrastructures and services which belong and where applications combine functionally and be implemented effectively, when they fulfil a social function.
The pursuit of these purposes will be adapted to the peculiarities arising from the territorial model adopted in each case by the competent authorities in the field of territorial and town planning.
3. the public authorities shall promote the conditions so that the rights and duties of citizens laid down in the following articles are real and effective, taking the territorial and town planning measures that apply to ensure a balanced outcome, favouring or containing, as appropriate, the occupation and land transformation processes.
Soil linked to territorial and urban residential use is at the service of the realization of the right to enjoy a decent and proper housing in terms which provided for in legislation in the matter.
Article 3. Management of the territory and urban planning.
1. the town and country planning and the urban development are public functions not subject to transaction that organize and define the use of the territory and of the soil in accordance with the general interest, determining the powers and obligations of the right to ownership of land in accordance with the destination of this. This determination does not confer any right to demand compensation, except as expressly set forth in the laws.
The exercise of the power of territorial and town planning should be motivated, with expression of the general interest that it serves.
2 the law on territorial and urban development will ensure: to) the direction and control by the competent public administrations of the urban process in phases of occupation, urbanization, building or construction and land for any subjects, public and private use.
(b) the participation of the community in the capital gains generated by the action of public authorities in the terms provided for by this law and others that are applicable.
(c) the right to information of the citizens and of the representative institutions of the interests affected by planning processes, as well as citizen participation in urban planning and management.
3. public land policies and urban management will encourage private participation.
Title I Basic conditions of equality in rights and constitutional duties of citizens article 4. Rights of the citizen.
All citizens have right to: to) enjoy a dignified, adequate and accessible housing designed in accordance with the principle of design for all persons, constituting your home free of noise or other inmisions pollutants of any kind exceeding the maximum limits allowed by applicable law and in appropriate environment and landscape.
(b) access, under non-discriminatory conditions and universal accessibility to the use of public facilities and collective facilities open to public use, in accordance with the regulatory law of the activity concerned.
(c) access to the information available to Governments on the management of the territory, the urban planning and its environmental assessment, as well as obtain copy or certification of the provisions or administrative acts adopted, in the terms set forth by its regulatory legislation.
(d) be informed by the competent administration, fully, in writing and within reasonable time, of the regime and the urban conditions applicable to a particular estate, in the terms set forth by its regulatory legislation.
(e) effective participation in the procedures of elaboration and approval of any instruments of management of the territory or of urban planning and execution and its environmental assessment through the formulation of claims, comments, proposals, representations and complaints and obtain from the Administration a knee-jerk nationalistic response, according to the regulatory law of the legal regime of this administration and of the procedure concerned.
(f) exercising public action to enforce determinations of territorial and urban development, as well as the resulting decisions of the procedures of environmental assessment projects for execution, on the terms set forth by its regulatory legislation and instruments containing them.
Article 5. Duties of the citizen.
All citizens have the duty of: to) respect and help preserve the environment, heritage and natural and urban landscape refrain in any case from any act or develop any activity not allowed by the legislation.
(b) respect and make rational and suitable, consistent use anyway with their characteristics, function and capacity of service, of the goods in the public domain and infrastructure and urban services.
(c) refrain from doing any act or develop any activity that involves risk of disturbance or injury of public goods or third-party infringement of the applicable law.
d) comply with the requirements and conditions to which legislation grasp activities annoying, unhealthy, harmful and dangerous, as well as use in them at every moment the best available techniques according to the applicable regulations.
Article 6. Private initiative in the urbanization and construction or building.
Shall be regulated by the law on territorial and urban development: to) the right of initiative of individuals, whether or not owners of the grounds, in the exercise of free enterprise, for the activity's execution of the estate when it should not or will not be done by the competent Government. Enabling individuals, for the development of this activity must be attributed with advertising and competition procedure and criteria for the award that safeguard an appropriate community participation in capital gains derived from the urban projects, under the conditions provided for by the applicable legislation, without prejudice to the peculiarities or exceptions that providing for in favor of the initiative of the owners of the soil.
(b) the right to consultation with the competent authorities, by those who are holders of the right of initiative referred to in letter, on the criteria and of the urban planning, sectoral projects and plans, and forecasts of works that will be performed to ensure the connection of urbanization with General services networks and in his case, the enlargement and reinforcement of the existing outside of the performance.
Territorial and town planning legislation will set the maximum term of contestation of the query, which may not exceed three months, unless a rule of legal rank provides one more, as well as the effects that follow from it. In any case, the alteration of the criteria and the forecasts provided in reply, within the period on which this takes effect, may be entitled to compensation for expenses incurred by the preparation of necessary projects that are useless, in the terms of the general regime of the liability of public administrations.
(c) the right of the owner to carry out in its grounds, by itself or through third parties, installation, construction or building permitted, provided that the land integrated unit suitable to do this by meeting the physical and legal conditions legally required and those carried out at the time and the conditions laid down by territorial and town planning and in accordance with applicable law.
Article 7. Urban regime of the right of ownership of land.
1. the regulation of urban land property is statutory and results from its link to specific destinations, in the terms set forth by the law on territorial and urban development.
2. the forecast of buildability by territorial and town planning, management by itself, does not integrate it in the content of the right to ownership of land. The patrimonialization of buildability occurs only with their effective realization and is conditioned in any case to the fulfillment of the duties and the lifting of loads of the regime that corresponds, in the terms set forth by the law on territorial and urban development.
Article 8. Content of the right of ownership of land: faculties.
1. the right of ownership of land includes the faculties of use, enjoyment and exploitation of the same in accordance with the State, classification, objective characteristics and destination you may have at any time, in accordance with the applicable law by reason of the characteristics and location of the good. It also includes the Faculty of disposal, provided that its exercise will not infringe the regime of formation of farms and plots and relationship between them established in article 17.
The powers referred to in the preceding paragraph include: a) the performing installations and constructions necessary for the use and enjoyment of the soil in accordance with its nature which, being expressly permitted, will not have the legal character of building.
(b () build on unit suitable for this in the terms set forth in the letter c) in article 6, when territorial and town planning attributed to that buildable for certain uses or use and other requirements and conditions set forth are met to build.
(c () participate in the implementation of the actions of development referred to in the letter a) of paragraph 1 of article 14, in a regime of equitable distribution of benefits and burdens among all owners affected in proportion to its contribution.
To exercise this power, or to ratify it, if it had pursued her before, owner shall have the deadline established by the law on territorial and urban planning, organisation, which may not be less than one month nor counted from an earlier one that can know the extent of loads of action and the criteria for their distribution among the affected.
2. the powers of the previous paragraph will reach to the flight and the subsoil only until you determine where the instruments of urban planning, in accordance with applicable laws and with the limitations and easements that requires the protection of the public domain.
Article 9. Content of the right of ownership of land: duties and charges.
1. the right of ownership of land includes, either that is the situation in which it is found and without prejudice to the arrangements to which it is subject by reason of its classification, the duties of dedicated to applications that are not incompatible with territorial and town planning; keep it in the legal conditions to support such use and, in any case, in the safety, health, accessibility and ornamental legally required; as well as the work of improvement and rehabilitation to the extent of the legal duty of conservation.
Soil urbanized for the purposes of this Act that has attributed buildability, assumes the duty to use the build within the time limits laid down in the applicable legislation.
On the ground that it is rural for the purposes of this Act, or vacant building, the duty to preserve it implies maintaining land and its vegetable mass in conditions to avoid risks of erosion, fire, flood, for security or public health or damage to third parties or the general interest, including environmental; prevent contamination of soil, water or air and the undue pollutant Immissions in other goods and, where appropriate, recover them and keep the establishment and functioning of the services resulting from uses and activities that take place in the soil.
2 the exercise of the powers provided for in the letters a) and b) of the first paragraph of the preceding article, on grounds that are in rural soil for the purposes of this Act and are not subject to the regime of a performance of urbanization, behaves to the owner, in the form determined by the law on territorial and urban development (: a) finance and run the works and the necessary work to conserve the soil and its plant mass in legally enforceable status or to restore that State, in the terms provided in the legislation that applies.
(b) satisfy economic benefits established, where appropriate, for legitimate private land uses unrelated to their primary exploitation.
(c) afford and, in his case, run infrastructures in connection installation, construction or building with General services networks and hand them over to the competent administration for incorporation into the public domain when they need to be part of the same.
3. the exercise of the option provided for in point (c)) paragraph involves first of the previous article, assume as loading real participation in the legal duties of the promotion of the action, in regime of equitable distribution of benefits and burdens and in terms of legislation on territorial and town planning, as well as to deal with the goods necessary for the execution of the works the person in charge of executing the action.
Title II the regulation of article 10 land Bases. Basic criteria for land use.
To give effect to the principles and the rights and duties laid down in title I, public administrations, and in particular the competent in matters of territorial and town planning, must: a) attribute a destination that behave or make possible the transition from the situation of rural land to the of urban land, through urbanization in territorial and town planning to the ground should be to satisfy the needs that justify it, prevent speculation with him and preserve urbanization to the rest of the rural soil.
b) allocate land suitable and sufficient for productive purposes and for residential use, with reservation in all case of a part provided to housing subject to a regime of public protection that, at least, establish your maximum price in sale, rental or other forms of access to housing, such as the surface rights or administrative concession.
This reserve shall be determined by the law on territorial and urban development or, in accordance with it, management tools and, as a minimum, shall include the grounds necessary to carry out 30 percent of the residential density planned by the urban planning on the ground that will be included in actions of urbanization.
However, such legislation may also set or exceptionally allow a reserve lower to certain municipalities or performances, provided that, in the case of performances of new development, ensure an instrument of management the full compliance of the reservation within its territorial scope and distribution of its location that is respectful of the principle of social cohesion.
(c) assist, in management of the uses of the soil, to the principles of universal accessibility, equality of treatment and opportunity between women and men, mobility, energy efficiency, security of supply of water, prevention of natural hazards and accidents, prevention and protection from pollution and limitation of their consequences for health or the environment.
Article 11. Publicity and efficiency in urban governance.
1. all instruments of spatial planning and management and planning execution, including the distribution of benefits and burdens, as well as the agreements expected to be signed by the competent authority, with that object should be subjected to the procedure for public information under the terms and by the deadline established legislation in the matter, which will never be less than the minimum required by the legislation on common administrative procedure , and must be published in the form and with the content that determine the laws.
2 the approval or alteration of instruments of urban planning procedures, the documentation exhibited to the public should include an expressive Executive summary of the following: a) delimitation of the areas in which the projected management alters the current, with a map of its location, and extent of such alteration.
(b) where appropriate, the areas in which suspension of management or execution or urban intervention procedures and duration of the suspension.
3. the competent public administrations will boost advertising telematics of the content of the instruments of territorial and town planning in force, as well as the announcement of its subjection to public information.
4 when urban legislation open to individuals the initiative's approval of instruments of management or urban enforcement procedures, the failure to resolve within the established deadline will result in compensation to stakeholders by the amount of the expenses that were incurred for the submission of their applications, except in cases that must be approved or favorably resolved by administrative silence in accordance with applicable law.
5. the instruments of urban planning whose approval procedure is initiated ex officio by the competent administration for your instruction, but whose final approval jurisdiction an organ from another administration, shall be definitively approved in the term indicated the urbanistic legislation.
Article 12. Basic situations of soil.
1. all of the land is, for the purposes of this Act, in one of the basic situations of rural land or urban land.
2 is in the situation of rural soil: to) in any case, the soil preserved by territorial and town planning of its transformation through the estate, which shall include, as a minimum, the land excluded from such a transformation by the legislation of protection or police of public, nature or cultural heritage, which should be subject to such protection in accordance with territorial and town planning by the values in them concurrent including the ecological, agricultural, livestock, forestry and landscape, as well as those with natural or technological risks including flooding or other serious accidents, and many others provide for territorial and urban planning legislation.
(b) the ground for which territorial and town planning instruments provide for or permit their passage to the situation of urban land, until the corresponding performance of urbanization, and anyone else who does not meet the requirements referred to in the following paragraph.
3. it is in the situation of soil developed the integrated legal and effective way in the network of facilities and services provided by the centres of population. Means that it occurs as well as plots, whether or not they are built, have the equipment and services required by the urban planning legislation or may come to rely on them without other works that the connection of the plots to facilities already in operation.
To establish endowments and services referred to in the preceding paragraph, urbanistic legislation may consider the peculiarities of traditional nuclei legally settled in rural areas.
Article 13. Rural land use.
1. the lands that are in rural soil will be used in accordance with their nature, and must dedicate himself, within the limits that laws and the territorial and town planning, planning to use agricultural, livestock, forestry, hunting or any other linked to the rational use of natural resources.
Exceptionally and by the procedure and conditions provided for in territorial and town planning legislation, may legitimize acts and specific applications that are of public or social interest for his contribution to rural development and management or because they are to be sited on the rural environment.
2. the urban allotments of land in the rural land, except those that have been included in the scope of an estate in the manner determined territorial and town planning legislation is prohibited.
3 since the grounds are included in the scope of an estate, only may be made on them: to) on an exceptional basis, applications and temporary works that are authorised for not being expressly prohibited by the sectoral or territorial and town planning legislation. These uses and works shall cease and, in any case, the urban administration agree to be demolished works, without any compensation, as. The effectiveness of the corresponding authorisations, under the indicated conditions expressly accepted by their recipients, will be subject to its consistency in the land registry under the mortgage law.
(b) urbanization works when there are the requirements for this legislation on territorial and town planning, as well as the construction or building that this allows simultaneously to urbanization.
4. Notwithstanding the provisions of the preceding paragraphs, the use of the land with environmental, cultural, historical, archaeological, scientific and landscape values that are protected by applicable law, shall always be subject to the preservation of these values, and will only understand the acts of alteration of the natural state of the land that law expressly authorizes.
You can only alter the delimitation of spaces or protected natural areas included in the Natura 2000 network, reducing its total area or excluding the same grounds, where changes in them by their natural, scientifically proven evolution justify it. The alteration should be public information, which in the case of the Natura 2000 network will be prior to the referral of the proposal's comments to the European Commission and the acceptance by it of such comments.
Compliance with the provisions of the preceding paragraphs shall not relieve additional standards of protection established legislation.
Article 14. Performances of urban transformation.
1 a effects of this law, refers to actions of urban transformation: to) actions of urbanization, including: 1) of new development, involving the passage of a scope of the situation of rural soil soil to the of urbanized to create, together with the corresponding infrastructures and public facilities, one or more suitable plots for building or use independent and connected functionally with the services required by the planning network and urban development.
(2) those that relate to reform or renew the development of an area of urban land.
(b) the actions of staffing, considering as such which relate to increased public allocations of an area of urban land to reset their proportion with the higher density or density or new applications assigned in the planning to one or more parcels of the area and do not require the reform or comprehensive renewal of the urbanization of this.
2. for the sole purpose of the provisions of this law, urbanization actions initiated at the moment are understood in that, once approved and effective all instruments of management and execution that requires territorial and town planning laws to legitimize the urbanization works, starts the material execution of these. Initiation shall be presumed where there is administrative or notarial act that bears witness of the beginning of the works. The expiry of any of the above-mentioned instruments restores, for the purposes of this Act, the soil to the situation in which he was at the beginning of the performance.
Completion of the actions of urbanization will occur when they conclude the field works in accordance with the instruments that legitimize them, having fulfilled the duties and raised the loads for. The termination shall be presumed to the reception of the works by the administration or, failing that, at the end of the period that should have been receiving from their request accompanied by a certificate issued by the technical direction of the works.
Article 15. Evaluation and monitoring of the sustainability of urban development.
1. the instruments of territorial and town planning are subject to environmental assessment in accordance with the provisions of the legislation of evaluation of the effects of certain plans and programmes on the environment and in this article, without prejudice to the assessment of environmental impact of the projects that are required for their implementation, where appropriate.
2. the report of environmental sustainability of actions of estate management tools should include a map of natural hazards in the sort order field.
3 in the phase of consultations on actions of estate management tools, must collect at least the following reports are mandatory and they had not been already issued and incorporated into the record or be issued at a later stage of the proceedings in accordance with its regulatory legislation: to) the of the Administration water about the existence of water resources to meet the new demands and on the protection of the public water domain.
b) the of the coastal Administration on the demarcation and protection of the terrestrial public, where appropriate.
(c) of the competent administrations on highways and other affected infrastructure, about the condition and the impact of the action on the serviceability of such infrastructures.
The reports referred to in this section are determinants for the content of environmental memory, which may only dissent of them expressly motivated way.
4. the documentation of performances by estate management tools must include a report or economic sustainability, in which shall be weighted in particular the impact of the action on public finances affected the implementation and maintenance of the necessary infrastructure or making up and the provision of the services as well as the adequacy and suitability of the soil intended for productive uses.
5. the competent authorities in the field of urban planning and execution must raise organ matching between their collegiate governing bodies, with the minimum frequency fixed by legislation in the matter, a follow-up report on the activity of planning execution of its competition, which should be considered at least the environmental and economic sustainability to which this article refers.
The municipalities are obliged to report referred to in the preceding paragraph when law requires it in the matter and, at least, when should have a Board of Local Government.
The report referred to in the preceding paragraphs may dispense the effects characteristic of the monitoring referred to in the law of evaluation of the effects of certain plans and programmes on the environment, when it meets all the requirements therein.
6. the law on territorial and urban development will establish in which cases the impact of one action of urbanization requires to exercise fully the power of ordination of the municipality or the upper territory in which it is incorporated, transcend the significant effects that it generates on the environment of the concrete scope of the action.
Article 16. Duties of the promotion of the activities of urban transformation.
1 urban transformation actions behave, according to its nature and scope, the following legal obligations: to) deliver to the competent authority the reserved land for roads, open spaces, green and remaining areas public facilities included in the own performance or attached to it to obtain.
In proceedings of endowment, the delivery of soil may be replaced by other forms of fulfillment of the duty in the cases and conditions in which so provides it legislation on territorial and town planning.
b) deliver to the competent administration, and destined for public patrimony of flooring, free from urban development charges corresponding to the percentage of the weighted average buildability performance, or the higher level of reference in which it is included, which set the regulatory laws of territorial and town planning.
In staffing actions, this percentage is considered to be referred to the increase in the weighted average buildability attributed to the areas included in the performance.
In General, the percentage referred to in the preceding paragraphs may not be lower than five percent nor more than fifteen per cent.
The law on territorial and urban development may allow exceptionally reduce or increase this percentage of form provided and motivated, up to a maximum of 20% in the case of an increase, for actions or the areas in which the value of the resulting plots is significantly below or above, respectively, to the middle in the remaining of the same category of soil.
The law on territorial and urban development may determine the cases and conditions in which fit to replace other forms of duty, the delivery of soil except when to fulfill land earmarked for housing subject to a regime of public protection under the reserve referred to in point (b)) of article 10.
(c) afford and, in his case, run all the urbanization works provided for in the corresponding action, as well as the infrastructure in connection with General networks of services and the expansion and strengthening of existing outside of the performance that is demanded by its size and specific characteristics, without prejudice to the right to reinstate installation of networks of services costs charged to the outsourcees in the terms established in the applicable legislation.
Among the works and infrastructures referred to in the preceding paragraph, means including drinking water, supply and purification of water required in accordance with its regulatory legislation and legislation on territorial and town planning will also include the infrastructures of public transportation that are required for sustainable mobility.
(d) give the Administration competent, together with the corresponding ground works and infrastructures referred to in the letter required to form part of the public domain as immovable support facilities of any networking equipment and services, as well as also these facilities when they are intended for the provision of public services.
(e) ensure the rehousing of legal occupants that required evict property located within the area of the action and they constitute their habitual residence, as well as return when they are entitled to it, in the terms established in the current legislation.
f) compensate rights holders on constructions and buildings that need to be demolished and the works, installations, plantations and crops that they can not keep.
2. the land included in the scope of the proceedings and the attached to them are affected, as a matter of security, the fulfilment of the duties of the previous section. These duties are hypothesized compliments with the reception by the competent administration of the urbanization works or, failing that, at the end of the term that should have been receiving from their request accompanied by a certificate issued by the technical direction of the works, without prejudice to the obligations arising from the liquidation of the final accounts of the action.
3. the conventions or legal business which the promoter of the performance concludes with the corresponding administration, may not establish obligations or benefits additional or more onerous than proceed legally to the detriment of the affected owners. Clause that contravenes these rules shall be null and void.
Article 17. Formation of farms and plots and relationship between them.
1 is: to) farm: the unit floor or building attributed exclusive and so a landlord or several in undivided, that can be placed in the ground, in flight or in the basement. When, as mortgage legislation, be able to open folio in the land registry, it has consideration of estate registry.
(b) plot: the unit of land, both on the ground as in the flight or the basement, having attributed buildability and use or use only urban independent.
2. the division or segregation of one farm to give rise to two or more different is only possible if each of the resulting meets the characteristics required by the applicable legislation and territorial and town planning. This rule is also applicable to the disposal, without division or segregation of undivided shares are given to the right to exclusive use of specific portions of the estate, as well as the establishment of associations or societies in which the quality of partner incorporates the right of exclusive use or portion.
In the authorization of writings of segregation or division of estates, notaries shall require, for their testimony, documentary accreditation of conformity, approval or administrative authorization is subject, where appropriate, the division or segregation according to the applicable law. Compliance with this requirement will be required by registrars to practise the corresponding inscription.
3. the Constitution of the farm or farms in horizontal property or complex real estate scheme authorizes to consider its total area as a single parcel, provided that within the perimeter of this there is no surface which, in accordance with the applicable territorial and urban planning, should have the status of public domain, be of public use or support to infrastructure works or can be computed for the purposes of the fulfilment of the legal duty to be (referred to) of paragraph 1 of the preceding article.
4. where, in accordance with its regulatory legislation, urban planning instruments intended for overlapping surfaces, in the ground and subsoil or the flight, building or private use and the public domain, can become real estate complex in which those and this have the character of special properties of custodial, previous attribution deallocation and with the limitations and easements which may be applicable for the protection of the public domain.
5 distribution of benefits and burdens instruments produce the effect of subrogation of the farms of origin by the result and the distribution of ownership among the owners, the promoter of the action, when it is paid through the allocation of plots included therein, and the Administration, which has the full domain free of charge of the grounds referred to in the letters a) and b) of paragraph 1 of the preceding article.
In the case referred to in the previous paragraph, whether the distribution of benefits and burdens among the owners affected by a performance, means that the owner of the land in question provides both the surface of its ground as the ground or flight that is secreted.
Article 18. Transfer of farms and urban duties.
1. the transmission of properties does not change the location of the holder with respect to the duties of the owner in accordance with this law and the established by the legislation of regional planning and urban development applicable or enforceable by execution of the same acts. The transferee is subrogated in the rights and duties of the previous owner, as well as by the obligations against the competent administration and that have been subject of registration, provided that such obligations relate to a possible effect of juridico-real mutation.
2 in the alienation of land, should be recorded in the corresponding title: to) the situation of urban land, when they are not susceptible to private use or building, have buildings outside management or intended for housing subject to a regime of public protection that allows you to price your maximum price for sale, rental or other forms of access to housing.
(b) the legal duties and obligations pending meet, where the lands are subject to one of the activities referred to in paragraph 1 of article 14.
3. the violation of any of the provisions of the preceding paragraph allows the purchaser to rescind the contract within the period of four years and demand compensation that proceed in accordance with the civil legislation.
4. on the occasion of the approval of deeds affecting the ownership of farms or plots, notaries may request the competent public information telematics management or, failing that, card or expressive written report of its urban situation and the duties and obligations whose fulfilment are affected. Notaries shall send to the competent administration for its due knowledge, simple copy on paper or in digital format of the writings for which they had requested and obtained urban information, within ten days of its granting. This copy does not accrue tariff.
5. in titles that are transmitted land administration should be specified, for purposes of registration in the land registry, demanial character or patrimonial assets and, where appropriate, their incorporation into the public patrimony of soil.
Article 19. Declaration of new work.
1. to authorize writings of Declaration of new work in progress, notaries shall require, for their testimony, the contribution made by the Act of conformity, approval or administrative authorization required by the work according to territorial and town planning legislation, as well as certificate issued by competent and accredited technician of the setting of the description of the work to the project that has been subject to this administrative act.
For writings of Declaration of new construction completed, require, in addition to the certificate issued by competent technician supporting the completion of this in accordance with the description of the project, the documentary accreditation of compliance with all the requirements imposed by the regulatory legislation of the building for the delivery of this users and granting, expressly or by administrative silence , of the administrative authorisations which envisages territorial and town planning law.
2. to practice the corresponding inscriptions of Scripture's Declaration of new work, registrars shall require compliance with requirements set forth in the preceding paragraph.
Title III ratings article 20. Scope of the ratings system.
1 estimations of soil, installations, constructions and buildings, and constituted rights on or in connection with them, are governed by the provisions of this law when they have as their object: to) the verification operations of distribution of benefits and charges or other precise for the implementation of territorial and town planning in which assessment determine equity content of powers or duties of the property right in the absence of agreement between all the subjects affected.
(b) the fixing of the fair price in the expropriation, that is the purpose of this and the legislation that motivates it.
(c) fixing the price to be paid to the owner in forced sale or replacement.
(d) the determination of the liability of the public administration.
2 estimations are understood concerned: to) when in the case of transactions referred to in the letter to) of the previous paragraph, the date of initiation of the procedure for adoption of the instrument that motivates them.
(b) when the compulsory purchase, applies at the moment of initiating the case of individualized fair price or exposure to the public of the proposed expropriation if the procedure of joint appraisal.
(c) in the case of sale or replacement forced, at the time of the initiation of the proceedings for a declaration of failure to fulfil the obligation that motivates it.
(d) when is the assessment necessary for the purpose of determining compensation for patrimonial responsibility of the public administration, at the time of the entry into force of the provision or the beginning of the effectiveness of the act causing the injury.
Article 21. General criteria for the assessment of real estate.
1. the value of the ground corresponds to your full domain, free of any charge, lien or limited right to property.
2. the soil is assessed in the way established in the following articles, depending on your situation, regardless of the cause of the assessment and the legal instrument that motivates it.
This criterion shall also apply to soil earmarked for infrastructure and public services supramunicipal public interest, both if they were provided by territorial and town planning as if they were newly created, whose valuation shall be determined according to the basic situation of the land in which they are located or which run in accordance with the provisions of this law.
3 buildings, constructions and facilities, the crops and plantations in the rural land, tasarán regardless of the land provided that they conform to the legality at the time of the evaluation, are compatible with the use or performance that are considered in the assessment of soil and have not been taken into account in this assessment because of its character of permanent improvements.
In the urban land, buildings, constructions and installations that adhere to the legality tasarán together with the floor as provided in paragraph 2 of article 23.
Means that the buildings, constructions and installations conform to the legality at the time of his assessment when they were in accordance with the urban planning and the administrative act legitimante requiring, or have been subsequently legalized in accordance with the provisions of the town planning legislation.
The evaluation of buildings or constructions will take into account its antiquity and its conservation status. If they have been falling in the situation outside of management, its value shall be reduced in proportion to the elapsed time of your life.
4. the assessment of administrative concessions and real rights on real estate, for the purpose of its creation, modification or termination, shall be carried out pursuant to the expropriation provisions that specifically determine the fair price of the same; and secondarily, according to the rules of administrative, civil or fiscal law resulting from implementation.
To expropriate a farm taxed with loads, management making it choose between set the fair price of each of the rights that compete with the domain, to distribute to the holders of each of them, or rating the property as a whole and consign the amount held by the Court, so this set and distribute , by the formality of the incidents, the proportion corresponding to the respective stakeholders.
Article 22. Assessment in rural soil.
1 when the soil to be rural for the purposes of this law: to) land tasarán by the capitalization of real or potential annual income, which is greater, operating according to its State at the time that the assessment should understand referred.
The potential income is calculated according to performance of the use, enjoyment or exploitation that susceptible the land according to the legislation applicable to them, using the normal technical means for their production. It will include, where appropriate, as income subsidies, with stable character, be awarded to the crops and land use considered for its calculation and for the considered operation costs will be deducted.
The rural land value thus obtained can be corrected upwards to a maximum of twice on the basis of objective factors of location, such as accessibility to population centres or centres of economic activity or the location in environments of singular environmental or scenic value, whose application and weighting shall be justified in the corresponding record of assessment all of this in the terms established by law.
(b) the buildings, constructions and installations, when be assessed regardless of the soil, is tasarán by the method of cost of replacement according to their status and seniority at the time that the assessment should understand referred.
(c) plantations and the preexisting fields as well as compensation by reason of leases or other rights, is tasarán according to the criteria for compulsory purchase and leases law.
2. in none of the cases provided for in the preceding paragraph may be considered expectations arising from the assignment of edificabilidades and applications by territorial and urban planning that have not been yet fully done.
Article 23. The urban land valuation.
1 for the estimation of the urban land that is not built or the existing or in course of execution building is illegal or is in situation of physical ruin: to) is considered as use and development potential of reference the attributed to the plot by the urban planning, including where appropriate housing subject to a regime of protection that allows you to price your maximum price for sale or rent.
If the land do not have assigned buildability or private by the urban planning, will be them the average density and the majority use in the field of homogeneous space that uses and types the urban planning has included them.
b) shall apply to such building the value of impact of soil according to the corresponding application, determined by the static residual method.
(c) of the amount resulting from the previous letter will be deducted, in his case, the value of the duties and charges pending in order to make the planned building.
2 case of built-up soil or in course of construction, the pricing will be the higher of the following: to) determined by pricing joint soil and existing construction that conforms to legality, by the comparison method, applied exclusively to the existing building or construction applications already realized.
(b) determined by the residual method of paragraph 1 of this article, only applied to the soil, regardless of the existing building or construction already carried out.
3. where in the case of urban land subjected to actions of reform or renewal of urbanization, the residual method referred to in the preceding paragraphs will consider applications and edificabilidades attributed by management in their location of origin.
Article 24. Indemnification of faculty participate in performances of new development.
1 will be rating the power to participate in the implementation of a new development role when there are the following requirements: to) that the lands have been included in the delimitation of the scope of the action and give the requirements to get started or to expropriate the land corresponding, in accordance with the legislation.
(b) that the provision, the Act or the fact that motivates the assessment prevents the exercise of that power or alter the conditions of its exercise by modifying the land use or reducing their development potential.
(c) to the provision, the Act or the fact referred to in the previous letter have effects prior to commencement of the action and the expiry of the periods established for that period, or later if the execution had not been conducted for reasons attributable to the administration.
(d) that the assessment do not bring causes of non-compliance with the duties inherent to the exercise of the power.
(2 compensation by preventing the exercise of the right to participate in the performance or alter their conditions will be the result of applying the same percentage determined by legislation on territorial and urban development planning for the participation of the community in capital gains in accordance with the provisions of point (b)) of the first paragraph of article 16 of this law (: a) the difference between the value of the soil in their location of origin and the value that would have him if the performance, was finished when to prevent the exercise of this right.
b) A caused decreases it in value that corresponds to the ground if finished the performance, when the conditions of exercise of the power to alter.
Article 25. Compensation of the initiative and the promotion of urbanization and building activities.
1 when they accrued useless for who has incurred them by effect of the provision, act or the fact that motivates the assessment, the following expenses and costs are tasarán by the amount increased by the risk-free rate and the risk premium: to) those that incurred for the preparation of the project or technical instruments of management and execution projects in accordance with the territorial and town planning legislation, needed to legitimize a performance development, building, or conservation or rehabilitation of the building.
(b)) the works rush and the financing, management and promotion to the execution of the action.
(c) the compensation paid.
2. once initiated, the performances of urbanization will be assessed as provided in the preceding paragraph or in proportion to the degree achieved in its implementation, what is greater, provided that this execution develops in accordance with the instruments that legitimize it and not be have failed deadlines laid down therein. To do this, the degree of execution is assigned a value between 0 and 1, which shall be multiplied: to) by the difference between the value of the soil in their location of origin and the value that would have him if the performance, was finished when the provision, act or fact that motivates the assessment prevents its completion.
(b) by the caused decrease in value that corresponds to the ground if finished the performance, when only will alter the conditions of its execution, without preventing its completion.
The compensation obtained by the method set out in this section will never be less than the established in the previous article and will be distributed proportionally among the bidders of the performance resulting plots.
3. when performance promoter is not paid through award of resulting plots, severance pay will be deducted from the owners and shall be calculated by applying the risk-free rate and the risk premium to the part let perceive the remuneration that it has established.
4. the owners of the soil which were not the day in compliance with their duties and obligations, will be compensated for the expenses and costs referred to in paragraph 1, that is tasarán in the actually incurred amount.
Article 26. Assessment of soil in regime of equidistribution of benefits and burdens.
1 when, in the absence of agreement among all the affected subjects, be assessed contributions of land owners participate in a performance of urbanization in the exercise of the option provided for in point (c)) of paragraph 1 of article 8, for weighing them with each other or with the promoter or the Administration, contributions for the purposes of the distribution of benefits and burdens and the awarding of resulting plots , land is assessed by the value that you would be if you were finished the performance.
2. in the case of owners who may not participate in the allocation of estate performance resulting plots because of the inadequacy of their contribution, the soil is assessed by the value that would have him if the performance, was finished discounted costs of urbanization increased by the risk-free rate and the risk premium.
Article 27. The assessment regime.
The valuation is performed, in all no provisions of this law: to) in accordance with the criteria that determine the territorial and town planning laws, when it is aimed at the verification of accurate operations for the implementation of the urban planning and, in particular, the distribution of benefits and burdens she derived.
(b) in accordance with the criteria of the general legislation of compulsory expropriation and responsibility of public authorities, as appropriate, in the remaining cases.
Title IV compulsory purchase and liability article 28. Regime of the expropriation on the basis of territorial and town planning.
1. the expropriation on the basis of territorial and town planning can be applied for the purposes provided for in the regulatory legislation of such management, in accordance with the provisions of this law and in the law on compulsory expropriation.
2. the adoption of the instruments of territorial and urban planning that determines its regulatory legislation will involve the Declaration of public utility and the need for occupation of the property and corresponding rights, when these instruments enable for its execution and this should occur by expropriation.
3. the fair price of the goods and rights expropriated shall be determined according to the criteria of valuation of this law by individual record or by the joint valuation procedure. If there is agreement with the expropriated, it can meet in kind.
4. the Act of occupation for each farm or affected by the expropriation procedure will be inscribable title, whenever you bring in your description, identification under the mortgage law, its cadastral reference and your graphic using a coordinate system and which is accompanied by the certificate of payment or receipt of the entry of the corresponding price.
For purposes of the provisions of the preceding paragraph, the cadastral reference and graphical representation may be substituted for a graphic and descriptive cadastral certification of the property concerned.
Object of the performance surface shall be entered as one or more registry farms, without the obstacle for this lack of registration in any of these farms. On affected farms and then the note concerning mortgage legislation on seats resulting from compulsory purchase procedures, will be extended another in which the expropriated portion will be identified if the action does not affect the totality of the estate.
If when the inscription arose doubts based on the existence, within the footprint of any registry property not considered in the expropriation procedure, shall be this circumstance to the attention of the competent authority, without prejudice to proceed with the registration.
Article 29. Alleged reversion and repricing.
1 if it is to alter the use that motivated the expropriation of land by virtue of modification or revision of territorial and town planning instrument, comes the reversion unless any of the following circumstances: to) public dotacional use that had motivated the expropriation had been effectively implemented and maintained for eight years, either, or that the new use assigned to the ground is equally dotacional public.
(b) have been the expropriation for the formation or expansion of a public of soil property, provided that the new use is compatible with the aims of this.
(c) have been the expropriation for the execution of an action of urbanization.
(d) have been the expropriation for breach of duties or not lifting the own of the regime applicable to land under this Act.
(e) any of the remaining cases not appropriate in accordance with the law on compulsory expropriation reversion.
2 in the cases in which the soil has been expropriated to execute a performance of urbanization: to) comes the reversion, when ten years have elapsed since the expropriation without that urbanization is concluded.
(b) proceeds the repricing will alter the development potential of the soil, under an amendment to the instrument of territorial and urban planning that is not made within the framework of a new full exercise of the power of ordination, or the applications and you might imply an increase in its value according to the criteria applied in the expropriation. The new value is determined through the application of the same criteria of assessment to new uses and edificabilidades. It shall be the difference between that value and the result of updating the fair price for the expropriated or his successors in title.
In matters not provided for by the preceding paragraph, shall apply to the right of repricing provisions for the right of reversion, including their access to the land registry.
3. not applicable reversion when the expropriated ground your flight or ground, as provided for in paragraph 4 of article 17, secrete provided that the dotacional public use for which was expropriated or any of the other circumstances provided for in paragraph first.
Article 30. So-called compensation.
Lead in any case to claims injuries in goods and rights resulting from the following assumptions: to) the alteration of the conditions of execution of urbanization, or the conditions of participation of the owners, by change of territorial and urban planning or act or business of the adjudication of such activity , provided that occurs within deadlines envisaged for their development or, after these, if the execution has not taken effect for reasons attributable to the administration.
Outside management situations caused by changes in the territorial and urban planning will not be compensable, without prejudice to that can be the impossibility to use and enjoy lawfully construction or building involved in this situation during its useful life.
(b) linkages and unique limitations exceed the legally established duties with regard to constructions and buildings, or carrying with them a restriction of buildability or use that is not subject to equitable distribution.
(c) the modification or termination of the effectiveness of the enabling administrative titles of works and activities, determined by the subsequent change of territorial and urban planning.
(d) the cancellation of the enabling administrative titles of works and activities, as well as the undue delay in its issuance and its wrongful refusal. In any case there is place to compensation if there is serious fraud, fault or negligence attributable to the injured person.
Title V social function of ownership and management of the soil chapter I sale and replacement forced article 31. Origin and scope of forced sale or replacement.
1. the breach of the duties of building or rehabilitation provided for in this law will enable for expropriation for breach of the social function of the property or the application of the system of sale or replacement forced, notwithstanding that the territorial and town planning legislation may establish other consequences.
2. the forced substitution aims Faculty of construction, to impose its exercise in horizontal property regime with the current owner of the soil.
3. in the event of expropriation, forced sale or replacement referred to in this article, the content of the right of ownership of land never can be reduced by applicable regulatory laws of territorial and urban development management in a higher percentage to 50 percent of its value, the difference corresponding to the administration.
Article 32. Forced sale or replacement regime.
1. the sale or forced substitution will start ex officio or at the request of the person concerned and will be awarded through advertising and competition procedure.
2 issued Declaration resolution of a breach of duties of the ownership of the soil and agreed the application of the system of forced sale or replacement, the corresponding administration shall forward to the land registry certification of the Act or corresponding acts for their perseverance by note aside from the last domain registration. The situation of forced sale or replacement inscrit registry certifications that the estate are issued.
3 resolved the procedure, the corresponding administration shall issue certification of the award, which will be inscribable title in the land registry.
The registration shall set forth the conditions and deadlines for building that the purchaser is obligated as a shattering of the acquisition.
Chapter II soil article 33 public estates. Concept and purpose.
1 in order to regulate the land market, obtain reservations of land for actions of public initiative and facilitate the implementation of territorial and town planning, integrated public assets of soil property, resources and rights that acquires the administration under the duty referred to in the letter b) of paragraph 1 of article 16 , without prejudice to others to be determined by the law on territorial and urban development.
2. the assets of the public wealth of land constitute a separate heritage and income earned by the alienation of the land belonging to them or replacing money referred to in point (b)) of paragraph 1 of article 16, will be allocated to the conservation, management and extension of the same, provided that only capital expenditures are funded and the legislation that applies to them is not broken , or to own their target applications.
Article 34. Destination.
1. the goods and resources that comprise the public wealth of land pursuant to paragraph 1 of the preceding article, necessarily should be earmarked for housing subject to a regime of public protection. They may be used also to other uses of social interest, in accordance with the available instruments of urban planning, only when so provides it the legislation specifying the permissible purposes, which will be urban or protection or improvement of natural areas or the immovable cultural heritage.
2. the lands acquired by management under the duty referred to in point (b)) of paragraph 1 of article 16, which are intended for housing subject to a regime of public protection that allows you to price your maximum price, rental or other forms of access to housing, not may be awarded, or in the transmission or in the successive for a price higher than the maximum value of impact of soil on the type of housing in question, according to its regulatory legislation. In the administrative proceedings and in the Act or contract of alienation shall be recorded this limitation.
3. the limitations, obligations, terms or conditions of destination of part of a public heritage of soil farms that are recorded in the disposals of such estates are registrable in the land registry, however the provisions of article 27 of the mortgage law and notwithstanding that its breach would lead to the resolution of alienation.
4 access to the land registry of the limitations, obligations, terms or conditions referred to in the preceding paragraph causes the following effects: to) when they are configured as a cause of resolution, this shall be recorded in virtue of the consent of the purchaser, by the unilateral act of the Administration holder of the public heritage of soil from which proceeds the alienated property , provided that the Act is no longer susceptible of any ordinary resource, administrative or judicial.
Notwithstanding the termination of the contract, alienating Administration may concern the practice of preventive annotation of the pretension of resolution in the manner provided by the mortgage legislation for preventive annotations derived from the initiation of procedure of urban development discipline.
(b) in another case, the entry will produce the effects of marginal notes of conditions imposed on certain farms.
Chapter III right of surface article 35. Content, Constitution and regime.
1. the real surface rights attributed to the superficiario the right to make constructions or buildings on the ground and in flight and the basement of a foreign estate, keeping the temporal property of constructions or buildings made. Also, it may be that right about constructions, or already made buildings or homes, premises or proprietary elements of constructions or buildings, attributing to the superficiario temporary ownership of the same, without prejudice to the property separated from the owner of the ground.
2. so the surface right is validly constituted its formalization in public deed and this registration in the land registry are required. In writing you should necessarily fix the period of duration of the surface rights, which may not exceed ninety-nine-year-old.
The surface rights can only be constituted by the owner of the ground, whether public or private.
3. the right to surface can be for payment or free. In the first case, the consideration of the superficiario may consist in the payment of a lump sum or a periodic fee, or in the allocation of housing or premises or rights of lease of one or the other in favour of the owner of the ground, or several of these modalities at the same time, without prejudice to the total reversal of the built at the end of the agreed period constitutes the surface rights.
4. the surface rights is governed by the provisions of this chapter, by the civil law in matters not provided for by him and by establishing the right title.
Article 36. Transmission, assessment and extinction.
1. the right of surface is susceptible to transmission and assessment with the fixed limitations constitute it.
2 where the characteristics of the construction or building permit, the superficiario will constitute the superficiaria property in horizontal property regime with separation of the field corresponding to the owner, and may transmit and taxed as independent farms housing, premises and the proprietary elements of the property during the term of the surface right, without the consent of the owner of the ground.
3. in the Constitution of the surface rights clauses and covenants relating to rights of first refusal, withdrawal and resales in favour of the owner of the ground, in the case of transmissions from the right or the elements referred to, respectively, the previous two sections may be included.
4. the owner of the soil can transmit and taxing their right with separation of the right of the superficiario and without consent. The subsoil will correspond to the owner of the ground and will be subject to transmission and assessment together with this, except that it has been included in the surface rights.
5. the surface right is extinguished if it builds in accordance with the territorial and urban planning within the period provided in the title of the Constitution and, in any case, by the course of the term of the right.
The extinction of the surface rights for the period of its term, the owner of the soil endorses the built property, without that should satisfy compensation any anyone who is the title under which it had set up right. However, they may agree on are standards on the rule of the law of surface settlement.
The extinction of the surface rights for the period of its term of duration determines the of any kind of real or personal rights imposed by the superficiario.
If for any reason to meet the rights of property of soil and those of the superficiario, the burdens that fall on one and another right will continue taxing them separately to the course of the term of the surface rights.
First additional provision. 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 criteria and basic principles which, since coordination and complementation with the competent administrations in the matter, training and continual updating of a general and integrated public information about land and urban planning system ensuring, moreover, support and coordination with other systems of information and, in particular, the real estate cadastre.
Second additional provision. Goods affected the national defense, the Ministry of defence or the use of the armed forces.
1 management tools territorial and town planning, what ever its class and denomination, that have an impact on land, buildings and installations, including their protection zones, pertaining to national defense must be subject, with regard to this incident, binding report by the General Administration of the State prior to its approval.
2. Notwithstanding the provisions of this law, the assets affected to the Ministry of defence or the use of the armed forces and the jobs available to government agencies that depend on that one, linked to the purposes provided for in special legislation.
Third additional provision. Powers of urban planning in Ceuta and Melilla.
The cities of Ceuta and Melilla shall exercise their statutory regulatory powers within the framework of this law and that the State enact for the purpose.
In any case, shall be responsible for the General Administration of the State the final adoption of the General urban Plan of these cities and its revisions, as well as amendments relating to the determinations of a general nature, the key elements of the general and organic of the territory structure or determinations that referred to third from first of this law final disposition.
The final of the partial plans approval and special, and their modifications or revisions, as well as amendments to plan General not covered in the previous paragraph, will correspond to the competent bodies of the cities of Ceuta and Melilla, prior mandatory report from the General Administration of the State, which shall be binding with regard to questions of legality or the general interests of State competition affecting It must be issued in the period of three months and means favorably if it was not issued within that period.
Fourth additional provision. Management of soils of the heritage of the State.
1 shall apply to the real estate of the State as provided in article 34 of this law on the access to the registry of the property's limitations, obligations, terms and conditions of your destination in divestitures of properties earmarked for housing subject to a regime of public protection that allows you to price your maximum price for sale or rental.
2 Add a new article 190 bis in law 33/2003 of November 3, the heritage of the public administrations, with the following wording: «article 190 bis.» Urban regime of the affected properties.
When territorial and town planning instruments included in the scope of the actions of urbanization or signatory to them land affected or intended for use or State public services, the General Administration of the State or public bodies holders of those who have acquired them for expropriation or other onerous form they will participate in the equidistribution of benefits and burdens in terms that establishes the law on territorial and urban development.»
3. amending section 5 of the final second provision law 33/2003 of November 3, of the heritage of the public administrations, which is drawn up in the following terms: ' 5. have the character of the basic law, in accordance with provisions of article 149.1.18. ª of the Constitution, the following provisions of this Act: article 1;» Article 2; Article 3; Article 6; Article 8, paragraph 1; Article 27; Article 28; Article 29, paragraph 2; Article 32, paragraphs 1 and 4; Article 36, paragraph 1; Article 41; Article 42; Article 44; Article 45; Article 50; Article 55; Article 58; Article 61; Article 62; Article 84; Article 91, paragraph 4; Article 92, paragraphs 1, 2, and 4; Article 93, paragraphs 1, 2, 3 and 4; Article 94; Article 97; Article 98; Article 100; Article 101, paragraphs 1, 3 and 4; Article 102, paragraphs 2 and 3; Article 103, paragraphs 1 and 3; Article 106, paragraph 1; Article 107, paragraph 1; Article 109, paragraph 3; Article 121, paragraph 4; Article 183; Article 184; Article 189; Article 190; Article 190 bis; Article 191; first transitional provision, paragraph 1; fifth transitional provision.»
4 Add a letter e) to paragraph 2 of article 71 of the Law 50/1998, of December 30, measures fiscal, administrative and Social order, with the following wording: «e) assist with the management of real estate that are jobs available, the development and implementation of different policies in force, and in particular , the policy of housing, in collaboration with the competent administrations. You can to do so, sign with these administrations conventions, protocols or agreements aimed to promote housing subject to a regime of protection that allows you to price your maximum price in sale, rental or other forms of access to housing. Such agreements must be approved by the Governing Council."
5 Add a paragraph 7 in paragraph 2 of article 53 of the law 14/2000, of 29 December, measures fiscal, administrative and Social order, with the following wording: «7 assist, with the management of the real estate that are jobs available, the development and implementation of different policies in force and» in particular, the policy of housing, in collaboration with the competent administrations. For this purpose, you can subscribe with these administrations conventions, protocols or agreements aimed to promote housing subject to a regime of protection that allows you to price your maximum price in sale, rental or other forms of access to housing.»
Fifth additional provision. Amendment of article 43 of the law on compulsory expropriation of December 16, 1954.
Amending paragraph 2 of article 43 of the law on compulsory expropriation of December 16, 1954, which is drawn up in the following terms: No «(2. El régimen estimativo a que se refiere el párrafo anterior: a) shall in no case apply to the expropriation of real estate, for fixing of whose fair price shall apply exclusively to the valuation system envisaged in the law governing the assessment of soil.»
(b) it will only be applicable to expropriations of property when they do not have particular endpoint identified by special laws.»
Sixth additional provision. Burned forest soils.
1 burnt forest land remain in the situation of rural land for the purposes of this Act and will be allocated to the forestry use, at least during the period laid down in article 50 of the law of mountains, with the exceptions in it.
2. the forest administration shall inform the registry of property this circumstance, which will be inscribible in accordance with the provisions of the mortgage legislation.
3 will be title registration certification issued by the forestry administration, which will contain the identifiers cadastral data of the farm or farms concerned and will be accompanied by the topographic plane of the forest land burned, at appropriate level.
The certification record shall be effected by marginal note which will last until the expiry of the period referred to in paragraph first. The topographic plane will be filed as provided for by article 51.4 of mortgage regulation, can accompany copy on magnetic or optical support.
Seventh additional provision. Rules for the capitalization of income in rural soil.
1. for the capitalization of the actual or potential annual income of the holding referred to in paragraph 1 of article 22, the latest reference published by the Bank of Spain of the performance of the public debt of the State in secondary markets to three years is used as capitalisation rate.
2. in the law on the State budget, you can modify the capitalisation rate laid down in the previous paragraph and set minimum values according to types of crops and land use of the land, when the evolution observed in the floor prices or interest rates risk move significantly the result of assessments on the market prices of farm soil without regard to urban planning expectations.
The eighth additional provision. Participation of the State in the territorial and town planning.
The General Administration of the State will participate in the procedures of territorial and urban planning in the form determined by the legislation in this area. When this legislation so provides it, eligible representatives of the General Administration of the State, designated by it, in the colleges of supramunicipal character having conferred powers of approval of instruments of territorial and town planning.
Ninth additional provision. Modification of the regulatory act of the Local regime Bases.
The following items are modified and sections of the Act 7/1985, of 2 April, regulating the bases of Local Government, which are written in the following terms: 1. modification of article 22.2.
«Correspond, in any case, the Town Council in the town halls, and the regime of Council open neighborhood Assembly, the following powers: (...)»
(c) the initial approval of the general planning and approval that put an end to municipal processing of plans and other management instruments provided for in the urban legislation, as well as conventions that relate to the alteration of any of these instruments.
(o) disposals heritage when its value exceeds 10 per cent of the ordinary resources of the budget and, in any case, the exchanges of real estate».
2. addition of a new article 70 ter.
«1. the public administrations with competences of territorial and town planning must be available to citizens or citizens who so request, copies of existing instruments of territorial and town planning in its territorial scope, documents management and urban planning conventions.»
2. the public administrations with competences in the matter, published by telematic means the updated content of the instruments of territorial and urban management in force, of the announcement of its subjection to public information and any acts of processing that are relevant for your approval or alteration.
In the municipalities under 5,000 inhabitants, this publication will be implemented through the Government entities that have assigned the function of technical assistance and cooperation with them, which shall provide such cooperation.
3 when an alteration of the urban planning, which is not made within the framework of a full exercise of the powers of management, increase the density or density, or modify the land uses, it shall be noted in the record of the identity of all of the owners or holders of other rights in rem on the farms affected during the five years prior to their initiation «, as recorded in the register or instrument used for the purpose of notifications to interested parties in accordance with legislation in the matter.»
3. modification of article 75.7.
«Local representatives, as well as the unelected members of the Local Government Board, will make statement about causes of possible incompatibility and any activity that provide or may provide income.
They will also formulate statement of its assets and in societies of all kinds, with information from the societies they participated and the settlement of taxes on the income, heritage and participation, if any, societies.
Such statements, models approved by the respective full, will take place before the inauguration, on the occasion of the cease-fire and the end of the mandate, so when the circumstances are indeed changed.
The annual statements of assets and activities will be published on an annual basis, and in any case at the time of the completion of the mandate, in the terms established by the municipal statute.
Such statements shall be entered in the following registers of interests, which will have public: to) the Declaration of causes of possible incompatibility and activities that provide or may provide income, shall be entered in the register of activities established in each local authority.
b) Declaration on goods and economic rights shall be entered in the registration of assets of each local authority, in the terms established their respective status.
Local representatives and members elected from the Board of the Local Government with respect to which, under his charge, it threatened your personal safety or that of their property or business, the family members, partners, employees or people with those who had economic or professional relationship may not be the Declaration of assets and property to the Secretary or the Secretary of the Provincial rights or , where appropriate, to the competent authority of the relevant autonomous community. Such statements shall be entered in the special register of assets, created for this purpose in those institutions.
In this course, they will contribute to the Secretary or Secretariat of its respective entity merely simple and succinct, supporting certification have completed their statements, and which are registered in the special register of interests referred to in the preceding paragraph, that is issued by the same officer.
4. inclusion of a new paragraph in article 75 8.
«8. during the two years following the completion of its mandate, local representatives referred to in the first paragraph of this article who have held executive responsibilities in various areas in which the local government is organized shall apply within the territorial scope of its competence the limitations on the exercise of private activities laid down in article 8 of the law 5/2006 Apr 10, regulation of the conflicts of interests of the members of the Government and of the high charges of the General Administration of the State.
For this purpose, councils may provide financial compensation during that period for those who, as a result of the regime of incompatibilities, not able to carry out their professional activity or receive economic compensation by other activities.»
5. inclusion of a new fifteenth additional provision. "Regime of incompatibilities and statements of activities and assets of local managers and other personnel at the service of local authorities".
«1. the holders of executive bodies shall be subject to the incompatibilities regime established in law 53/1984, of 26 December, incompatibilities of personnel at the service of the public administrations, and other State or regional standards that may apply.»
However, will you apply limitations to the exercise of private activities laid down in article 8 of the law 5/2006, of 10 April, regulation of conflicts of interests of the members of the Government and of the high charges of the General Administration of the State, in the terms in which establishes the 75.8 article of this law.
For these purposes, shall be regarded as managerial staff holders of bodies performing functions of management or execution of superior character, meets the General guidelines laid down by the governing body of the Corporation, by adopting appropriate decisions to the effect and providing for it a margin of autonomy, within these general guidelines.
2. the arrangement provided for in article 75.7 of this law shall apply to local managers and officials of local corporations with empowerment of statehood which, in accordance with the provisions of article 5.2 of the second additional provision of law 7/2007, of 12 April, the Basic Statute of the public employee, play in local authorities positions which have been provided by appointees in attention to the managerial nature of their functions or special responsibility to assume."
First transitional provision. Application of the reservation of land for housing.
The reserve for housing required in (b)) of article 10 of this law shall apply to all changes of management whose approval procedure is initiated subsequent to the entry into force of this law, in the form prepared by the law on territorial and urban development. In those cases in which the autonomous communities have not established reserves equal to or higher than which is set to letter b) of article 10 of this law, after one year since the entry into force of the same, from such time and until their adaptation to this law applies directly the reservation of 30 per cent foreseen in this with the following details (: a) shall be exempted from its application management tools of the municipalities with less than 10,000 inhabitants in which, in the last two years prior to the start of the discharge procedure, have authorised residential buildings for less than five dwellings per thousand people per year, provided that these instruments do not order residential for more than 100 new housing operations; as well as which relate to actions of reform or improvement of the estate in which residential use does not reach 200 dwellings.
(b) management tools may accordingly offset reductions in the percentage of new development action not aimed to meet the demand of primary residence intended for them with increases in others of the same category of soil.
Second transitional provision. Duties of staffing actions.
The duties provided for in this law for staffing actions will apply, as provided in the law on territorial and urban development, planning to management changes that include increased density or density or the replacement of applications whose approval procedure is initiated after the entry into force of this Act. If, after one year from the entry into force of this law, such legislation does not have established precise rules for their application, thereafter and up to their adaptation to this law shall be applicable: a) planning instrument delimit the scope of the action, whether continuous or discontinuous, in that buildability or density increases or changes in use and new allocations are included to them relevant and will calculate the total value burdens attributable to the action that corresponds to each new square meter of roof or each new property, as appropriate.
(b) the owners may comply with duties involving the delivery of soil, when do not have the necessary therefore to pay their equivalent in money.
(c) the duties will be fulfilled at the time of the granting of the license or the administrative act of intervention that is required for the realization of the higher density or density or the onset of use conferred by the new management.
Third transitional provision. Valuations.
1. the rules of valuation contained in this law shall apply in all records within its material scope starting from its entry into force.
2 land which, at the entry into force of this law, are part of the land included in delimited areas for which planning has established the conditions for their development, will be assessed according to the rules laid down in law 6/1998, of 13 April, on regime of soil and valuations, as they were drafted by law 10/2003 20 may, always and when at the time must be referred the assessment they have not expired deadlines for the implementation of the planning or, if they have expired, either for reasons imputable to the administration or to third parties.
There is no express forecast lead times in the planning or territorial and town planning legislation, will apply for three years from the entry into force of this law.
3. While not to develop implementing regulations provisions under this law on criteria and method of calculation of the valuation and what is compatible with it, it will be as provided in paragraph 3 of article 137 of the urban management regulation approved by Royal Decree 3288/1978, 25 August, and the rules of valuation of real estate and certain rights contained in the order ECO/805/2003 , March 27, or provision that replaces it.
Fourth transitional provision. Minimum criteria of sustainability.
If, after one year from the entry into force of this law, territorial and town planning legislation not establish in which cases the impact of one action of urbanization requires to exercise fully the power of ordination, this new management or review will be required when the action entail, by itself or together with those approved in the past two years , an increase in superior to 20 per cent of the population or the surface of urban land of the municipality or territorial scope.
Sole repeal provision. Repeal legislation.
They repealed the entry into force of this law: to) the law 6/1998, of April 13, land regime and valuations.
(b) Article 133, paragraph 1 of article 134, paragraph 1 of the article 243, article 276, paragraph 1 of article 280 and the articles 287, 288 and 289 of the revised text of the law on regime of the soil and urban development approved by Royal Legislative Decree 1/1992, of 26 June.
(c) articles 38 and 39 of the law on compulsory expropriation of December 16, 1954.
(d) how many other provisions of equal or lower rank is contrary to the provisions of this law.
First final provision. Character of this law contained device.
1 have the character of basic conditions of equality in the exercise of rights and the fulfilment of the corresponding constitutional duties and, where appropriate, of bases of the regime of the public administration, the general economic activity and environmental protection planning, dictated in exercise of the powers reserved to the general in the article 149.1.1 legislator. ª , 13th, 18th, and 23.ª 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, paragraph 3, the first and sixth additional provisions, paragraphs 1 and 2, and the transitional provisions first, second and fourth.
2. articles 33 and 34, paragraphs 1 and 2, have the character of bases of the general planning of economic activity in the exercise of the jurisdiction reserved to the State legislator in article 149. 1. 13th of the Constitution, without prejudice to the exclusive powers over soil and urban planning that the autonomous communities have attributed.
3 have the character of provisions on the exercise of the jurisdiction reserved to the State legislator by article 149.1.4., 8th and 18th on defense, civil legislation, compulsory purchase and system of accountability of public administrations, articles 11, paragraph 4, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, paragraphs 1 and 2 , 32, 34, paragraphs 3 and 4, 35 and 36, the additional provisions second, fifth, sixth, paragraph 3, and seventh and the third transitional provision.
4 the full normative contents of this Act is of direct application in the territories of the cities of Ceuta and Melilla, with the following clarifications: a) powers which the letter b) of article 10 recognizes the law to reduce the percentage of reserve housing subject to a regime of public protection and determine the possible destinations of the public patrimony of the soil from among those referred to in paragraph 1 of article 34, may be exercised directly on the general plan.
b) the percentage referred to in point (b)) of paragraph 1 of article 16 shall be of the fifteen per cent, that the general plan will increase proportionately and motivated to twenty percent in actions or areas where the value of the resulting solar or its increase, where appropriate, is significantly higher than the middle of those included in the same kind of soil.
5. the provisions of this law shall apply without prejudice to civilians, Governments or special regimes, where they exist.
Second final provision. Legislative delegation.
It is delegated to the Government, for one year from the entry into force of this Act, the authority to issue a Royal Decree that recasting the text of this and the precepts of remaining in force of the Royal Legislative Decree 1/1992, of 26 June, which approves the revised text of the law on regime of the soil and urban management and must be clarified, regularized and harmonized terminology and the contained device of this law.
Third final provision. Development.
It authorizes the Government to proceed, within the framework of its powers, to the development of this law.
Fourth final provision. Entry into force.
This law shall enter into force on July 1, 2007.
Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.
Madrid, may 28, 2007.
JUAN CARLOS R.
The President of the Government, JOSÉ LUIS RODRÍGUEZ ZAPATERO