Law 6/1998, Of 13 April, On Regime Of Soil And Valuations.

Original Language Title: Ley 6/1998, de 13 de abril, sobre régimen del suelo y valoraciones.

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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.

EXPLANATORY STATEMENT 1. The successive reforms of our urban legislation have increased the complexity of this sector of the legal system by multiplying, sometimes unnecessarily, administrative interventions in the various phases of the processes of urban development, which, together with the limitation of land supply, has decisively contributed to delaying the conclusion of urbanization and further building operations to unreasonable extremes making its cost unpredictable and hampering a proper programming of the corresponding business activities, with consequent higher prices of the final product.

The last of these reforms, carried out by law 8/1990, of 25 July, and collected in the consolidated text of the law on land and urban planning, approved by Royal Legislative Decree 1/1992, of 26 June, which was the subject of the judgment of the Constitutional Court of 20 March 1997 («Official Gazette» of 25 April) took this line of trend to its ultimate consequences and its failure, that today it is impossible to ignore, calls for one strong correction whose North can not be other than the quest for greater flexibility which, on one hand, eliminate the factors of rigidity that have accumulated, and another, secure greater capacity to adapt to a changing economic situation to the public administrations responsible for urban policy in which the cycles of expansion and recession occur with extraordinary rapidity.

The State legislature, which lacks competence in matters of urban planning and land use planning in the proper sense, constitutionally cannot only deal with the indicated task, which you can only provide a partial solution put to contribution their indisputable competence for, as acknowledged by the aforementioned judgment of the Constitutional Court, regular basic conditions that guarantee equality in the exercise of the right of ownership of land in the whole country as well as regulate other matters affecting urban planning such as the compulsory expropriation, estimations, the liability of public administrations or the common administrative procedure.

Therefore, his work demands a continuation by the legislators of the various autonomous communities, without which reform that now starts would be incomplete.

2. inside of these specific limits, which unequivocally include the determination of different classes of soil as same quote of the definition of the basic conditions of urban property law, this law aims to facilitate increasing the supply of soil, making it possible that all of the land that still has not been incorporated into the urban process, in which are not fulfilled reasons for its preservation You can be considered as liable to be urbanized. And according to the planning and territorial or sectoral legislation because their values of environmental, landscape, historical, archaeological, scientific or cultural, its rich agricultural, forestry, livestock or otherwise, or its justified inadequacy for urban development. It must be kept in mind, moreover, that the market reform of the soil in the direction of greater liberalization which increases its offer is part of the necessary structural of the Spanish economy reform, for which the State legislator has competencies that credited the article 149.1.13. ª of the Spanish Constitution.

In this broad land that, according to this criterion, delimit the plans, they may therefore promote urban projects in terms requiring urban legislation each if applicable, and always, of course, in accordance with the provisions of the urban planning and of sectoral projects, and plans making sure by his promoter implementation, at its expense, of the infrastructure in connection with the General systems that the nature and intensity of these measures requires in each case and, even, strengthening and improvement of such general systems when it is necessary, minimum requirements are contributing to defining the basic conditions for the exercise of the right of ownership by its character as such.

The regulation of urban land dispenses as well impose a system of actions planned by the Administration, without effective guarantees that ensure their execution, which is only able to offer in relation to their own actions and data owners. This does not imply, in any case, a waiver of the directive and their guiding role that is inherent to the idea of plan. On the contrary, the law part of the effective exercise of that function by the general planning, which can and must be fixed in any case the general structure of the territory, i.e. the image of the city that the community adopted it considers desirable, since this is a reference that, in any case, can be dispensed with.

This is the idea general of which the law part with the purpose of not fit, since the definition of the basic status of the ownership of land, rigidities unnecessary that they impede the deployment by regional lawmakers and by the competent public administrations, more flexible planning policies and with greater adaptability to changing circumstances in the context of an economy whose globalization makes it especially sensitive to changes in climate.

In this way, the necessary flexibility, which both has been missed in the past, cohonesta with the essential safeguard of the public interest.

Flexibility pursued by law in order to avoid the ground shortage must, not, however, lead to a regime of absolute discretion of urban authorities when deciding about the viability of the initiatives that are promoted in the area of the land. Therefore the law has provided that the right to promote the transformation of the land administration urging the approval of development planning, may exercise from the moment in which general planning has delimited the relevant fields or have been established the conditions for their development, corresponding in another case to the autonomous communities the regulation of the conditions as well as of the effects of the right of consultation, both on the criteria and territorial and sectoral planning - forecasts - as additional works requiring action.

In this way, is intended to ensure a minimum of consistency to the right of the owner of the land classified by how land planning, that such minimum, must understand is understood without discussion within the basic conditions of the legal status of the property, without impairing the freedom which must enjoy the competent administrations to assess, in each case, the public interests at stake.

3. with regard to the criteria for the evaluation of the soil, the law has chosen to establish a system that tries to reflect as accurately as possible the actual value the market assigns to every type of soil, thus formally giving up all kind of contrived formulas that more or less apparent basis, contradict that reality and constitute a source of endless conflict casting a shadow of injustice which subtracted credibility to the Administration and contributes to delegitimize his performance.

Thus eliminates the current duality of values, initial and urban development, which had already been reduced four different values established at the time the first version of the land law, of form that, from now on, there will be no longer but only one value, the value that good really have on the market of the ground unique value that can claim for himself the adjective just inexcusably requiring any expropriation operation. From this basic principle, the Act is limited to establishing the applicable method for the determination of that value, in function, is clear of the kind of soil and, consequently, the legal regime applicable to it and its specific characteristics.

This method is, in the land not yet included in a particular scope for their development, or that have not established the conditions of such development, the comparison with the values checked from other similar properties, taking into account its urban regime, location, size and nature, as well as the uses and uses permitted by planning both the undevelopable. For cases where that comparison is not possible, in these soils - without foreseeable development in the short term - the alternative method will be capitalization of the actual or potential revenues of the soil in accordance with your State and nature, which is the traditional method.

In urban land and the land included in delimited areas by own general planning or subsequent to it, for which they are established the conditions of development, the calculation method will consist of the application to the appropriate use of the basic value of impact in the cadastral papers for the land in question, that value in accordance with the provisions in the Act 39/1988 regulating local treasuries, reflecting market values, since the cadastral valuation are set from a previous study of these values. Finally, and in the case that there are no or not applicable values it cadastral papers to you have lost validity or have been modified planning, the basic value of impact shall be calculated by the residual method, commonly used in the real estate field, in their different ways, both by the public sector and the private.

Values of impact, taking into account of their correspondence, in general, with urbanized land and able to be edified, entails the need to deduct all the costs of urbanization which in each case are pending, as well as the financial costs, management and any others who were essential to provide the field of solar condition as it is becoming usual and peacefully in the appraisals carried out daily in the real estate sector and the financial.

Strict realism law wanted to set on this point will contribute, no doubt, increase the legal traffic safety and reduce conflict, which will also result in a speeding up of urban management and a reduction in unnecessary costs to its extension in time inevitably adds.

4. Title IV of the Act has been limited to include the essential precepts to frame the exercise in this sector, by the different public administrations, the expropriation under the authority, which shall apply without more general regulations governing this. Forwards, likewise, for the determination of the fair price, to the general criteria laid down in title III, ending the current unfair duality of criteria dealing with differently to the expropriated owner and which is not.

5. Title V, on the other hand, adjusts simply to the legal regime of ownership of the ground laying titles I and II of the Act the previous adjustment of compensation for alteration of planning and the limitations or unique links imposed by it which are not subject to equitable distribution by the mechanisms of distribution of benefits and burdens that set the urban planning legislation.

6. the law wanted to stay absolutely within the framework of the competences of the state clearly delimited by the judgment of 20 March 1997 of the Constitutional Court already, so it has renounced in aspects relating to the planning, urban management and control of him and this influence.

7. Finally, the transitional provisions of the law seek to avoid wishful thinking continuity solutions, establishing rules for direct application on the basis of the situation of the development and performance planning processes and obviating the requirement of prior adaptation of plans for the effectiveness of the reform, because of the negative experience on the occasion of the previous reforms.

Title I General provisions article 1. The object of the Act.

It is this law define the basic content of the right to ownership of land in accordance with its social function, regulating the conditions that ensure equality essential of your exercise throughout the national territory.

Article 2. Powers of the right to property.

1. urban schools of the right of ownership shall be exercised always within the limits and with the fulfillment of the duties set forth in laws or, by virtue of them, by the planning according to the urban classification of the properties.

2. the management of the use of the land and buildings established in the planning shall not confer right owners to demand compensation, except as expressly set forth in the laws.

Article 3. Participation in capital gains.

The participation of the community in the capital gains generated by the urban action of public bodies, occur in the terms laid down by this law and others that apply.

Article 4. Urban action and private initiative.

1. owners shall contribute, under the terms established in the laws, the urban action of public bodies, which shall be responsible, in any case, the direction of the process, without prejudice to respect the initiative of those.

2. the public administration through its urban action and policies of land will raise up, to the widest extent possible, private participation.

3. in the case of public performance, the corresponding Administration will promote, within the framework of the urban planning law, the participation of the private sector although this is not also the ownership of land.

Article 5. Equitable distribution of benefits and burdens.

The laws shall ensure that in any case the distribution of benefits and burdens arising from planning, among all the owners affected by each urban action, in proportion to their contributions.

Article 6. Information and public participation in planning and management.

1. the urban development legislation will ensure public participation in the planning and management processes, as well as the right to information of the representative of the interests affected by each performance and individual institutions.

2. all managed is entitled to keep the competent administration informed in writing of the regime and urban conditions applicable to a property or field given.

Title II regulation of urban property chapter I article 7 soil classification soil. Kinds of soil.

For the purposes of this Act, the soil is classified as urban, developable and non urban or equivalent classes covered by the urban planning legislation.

Article 8. Urban land.

They will have the status of urban land, for the purposes of this law: to) the soil already transformed by having, at a minimum, access road, water supply, drainage and electricity supply or be strengthened by building in the manner and with the characteristics that set the urban planning legislation.

(b) the lands that have been developed in accordance with the same in performance planning.

Article 9. Undeveloped land.

They shall be undevelopable, for the purposes of this Act, the land which comply with any of the following circumstances: 1st to be included in this class to be subjected to any special protection regime incompatible with its transformation in accordance with the plans of regional planning or the sectoral legislation, because of their landscape values historical, archaeological, scientific, environmental or cultural, natural hazards accredited in sectoral planning, or depending on your subject to limitations or easements for the protection of the public domain.

2nd general planning deems necessary to preserve the values that has been referred to in the previous point, by its value of agricultural, forestry, livestock or their natural resources, as well as those others deemed unsuitable for urban development.

Article 10. Land for development.

Ground that, for the purposes of this Act, does not have the status of urban or non-urban, will be considered developable, and may be subject to transformation in the terms established in the urban legislation and applicable planning.

Article 11. Classification of soil in municipalities without planning.

In the municipalities that lack of general planning, soil that does not have the status of city in accordance with the criteria laid down in article 8 will be considered undevelopable, for the purposes of this Act.

Chapter II rights and obligations of article 12 owners. Exercise of rights and duties.

The rights and duties of the owners of land are regulated in this law shall be exercised in accordance with the regulations laying on planning, management and execution of planning urban development legislation each if applicable.

Article 13. Rights of the owners of urban land.

Urban land owners have the right to complete the urbanization of the land so they can acquire the status of solar and to build these in the conditions as in each case set the urban planning legislation and planning.

Article 14. Duties of owners of urban land.

1. the owners of land in urban soil strengthened by the estate must complete at its expense necessary urbanization so that they reach - if they still didn't have it - the condition of solar, and build them on time if they were in areas for which thus has been established by planning and in accordance with the same.

2 owners of urban land plots that lack of consolidated estate shall assume the following duties: to) give compulsory and free of charge to the administration all the necessary ground for vials, open spaces, green areas and public endowments of local character at the service of development that their lands are included.

(b) compulsory and free of charge transfer the necessary ground for the execution of general systems general planning, where appropriate, including in the field concerned, for the purposes of their management.

(c) assign mandatory and free of charge to the corresponding administration the land corresponding to 10 per 100 of the use of the corresponding field; This percentage, which has the character of maximum, may be reduced by urban development legislation. In addition, this legislation may reduce the participation of the corresponding administration in the urban development charges corresponding to the ground.

(d) proceed to the equitable distribution of benefits and burdens arising from planning, prior to the start of the material execution of the same.

(e) afford and, if necessary, run the estate.

(f) building land plots in the period which, in his case, set planning.

Article 15. Rights of the land owners.

The land classified as land owners will be entitled to use, enjoy and dispose of the grounds of his property subject to the rustic nature of the same. In addition, they are entitled to promote its transformation administration urging the adoption of the corresponding planning of development, in accordance with that set the urban planning legislation.

Article 16. Basic rules for the exercise of the right.

1. the right to promote the transformation of the land, by the presentation to the City Council of the corresponding development for processing and approval planning, may exercise from the moment in which general planning delimit their fields or have been established the conditions for their development.

2. in another case, the autonomous communities, through urban planning legislation, will regulate processing, determinations, and content of the documentation necessary to carry out that transformation. In addition, this legislation will regulate the effects resulting from the right of consultation to the competent administrations on criteria and projections of the urban planning, sectoral projects and plans, and of the works that will perform at its expense to ensure the connection with external systems to the action in accordance with the provisions of point 3 of article 18 of this law. Such legislation will also set deadlines for reply to the aforementioned consultation.

Article 17. Applications and temporary works.

In the soil in sectors or areas as delimited with a view to their immediate development, as long as the corresponding development planning, was not adopted may be authorized only exceptionally applications and temporary works that are not expressly prohibited by urban development or sectoral legislation or general planning, which will cease, and in any case be demolished without compensation, when the urban administration agreed it. Authorization, under the indicated conditions accepted by the owner, will be recorded in the land registry in accordance with the provisions of the mortgage legislation.

In the rest of the plot may be authorized, prior to its inclusion in sectors or areas for their development, applications provided for in article 20 of this law.

Article 18. Duties of owners of land.

The land classified as land transformation will involve for the owners of the same the following duties: 1. give compulsory and free of charge to the administration all the necessary ground for vials, open spaces, green areas and public endowments of local character at the service of development that their lands are included.

2 assign mandatory and free of charge the necessary ground for the execution of general systems that the general planning, where appropriate, include or ascribe to the field concerned.

3 afford and, where appropriate, run infrastructures in connection with foreign general systems performance and, where appropriate, the necessary works for the enlargement or reinforcement of such systems required by the size and density of the same and the intensities of use that this generates, in accordance with the requirements and conditions established general planning.

4 give compulsory and free of charge to the corresponding administration the land corresponding to 10 per 100 of taking advantage of the sector or field concerned; This percentage, which has the character of maximum, may be reduced by urban development legislation. In addition, this legislation may reduce the participation of the corresponding administration in the urban development charges corresponding to the ground.

5 proceed to the equitable distribution of benefits and burdens arising from planning, prior to the start of the material execution of the same.

6 pay or run the urbanization of the sector or field concerned.

7 building plots in the period which, in his case, set planning.

Article 19. Legal duties of use, conservation and rehabilitation.

1. owners of all types of land and buildings must be allocated to applications that are not incompatible with urban planning and keep them in safety, health and public adornment. They are also subject to compliance with the rules on protection of the environment and the architectural and archaeological heritage and urban rehabilitation.

2. the cost of the works required pursuant to the previous number is will cover by the owners or by the Administration, in the terms that establishes the applicable legislation.

Article 20. Rights of the owners of undeveloped land.

1. the owners of classified as non urban soil shall be entitled to use, enjoy and dispose of his property in accordance with the nature of the land, and must allocate it to agricultural, forestry, livestock and hunting purposes or other linked to the rational use of natural resources, and within the limits which, where appropriate, establish laws or planning.

Exceptionally, through the procedure laid down in the urban legislation, may be authorized specific actions of public interest, prior justification that do not concur the circumstances provided for in paragraph 1 of article 9 of this law.

2. in the undeveloped prohibited the urban allotments, without that, in any case, can be made divisions, spin-offs or divisions of any kind against the provisions of the agricultural, forestry legislation or of a similar nature.

Article 21. Transfer of farms and urban duties.

1. the transmission of farms will not alter the status of the holder of the same with respect to the duties established by the urban development legislation applicable or enforceable by execution acts derived from the same. The new owner will be subrogated in place and since the previous owner's rights and planning duties, as well as the commitments that this had been agreed with the competent urban management and they have been the subject of registration, provided that such commitments relate to a possible effect of juridico-real mutation.

2 in the alienation of land, shall be noted in the corresponding title: to) case not capable of building land or buildings out of management in accordance with the applicable planning, its express location for these purposes.

b) case of land for urbanization process, pending commitments which the owner has taken in order to it.

(c) in the case of land of developments in particular initiative, the date of adoption of the corresponding planning and the clauses relating to the disposition of the parcels and commitments with the buyers.

3. the violation of any of the above provisions, without prejudice to the provisions of paragraph 1 of this article, shall entitle the purchaser to rescind the contract within the period of one year from the date of granting, and to demand compensation for the damages arising you.

Article 22. Declaration of new work.

Notaries and registrars of property required to authorize or register, respectively, writings of Declaration of new work finished, which credited the granting of mandatory leave and the expedition by qualified technician of the certification of completion of the work under the project object in.

To authorize and sign writing of new work in construction, the building license will accompany certification issued by qualified technician that the description of the new work conforms to the project for which the license was obtained. In this case, the owner it shall termination through notarial certificate that will incorporate the certification of completion of the above-mentioned work.

Both the license and the aforementioned certifications must testify in the corresponding Scriptures.

Title III ratings article 23. General application of the rules of assessment.

For the purposes of expropriation, estimations of soil shall be carried out in accordance with the criteria laid down in this law, what ever the purpose that motivates it and law, planning or of another character, that legitimizes it.

In the absence of agreement between the affected owners, these criteria shall also apply in procedures for the distribution of benefits and burdens in accordance with that set the urban planning legislation.

Article 24. Time to which they refer estimations.

Appraisals shall be referred to a: to) when it is applied the compulsory purchase, at the moment of initiating the case of individualized fair price or exposure to the public of the proposed expropriation when the procedure of joint appraisal.

(b) in other cases of action, at the time of initiation of the procedure.

(c) in the determination of compensation by change of planning, in the cases referred to in title V of this law, at the time of the publication of the final approval of the new planning.

Article 25. General endpoint.

The soil will be valued according to its kind and location in the form established in the following articles.

Article 26. Value of the undeveloped.

1. the value of this soil is determined by the method of comparison based on values of similar properties. For these purposes, the identity of reason that justifies the analogy must take into account urban regime, location, size and nature mentioned farms in relation to which it is valued, as well as, where appropriate, applications and exploitations that are susceptible.

2 where the application of the method described in the previous point is not possible by the absence of comparable values, the value of the undeveloped is determined through the capitalization of income actual or potential of the soil, and in accordance with their status at the time of the assessment.

Article 27. Value of the land.

1. the value of the land, in the situation referred to in paragraph 2 of article 16, be determined in the manner set out in the previous article.

2. when the land is in the situation described in paragraph 1 of article 16, the same value is found by application, use that apply to you, the basic value of impact on estate, which will be the inferred from the papers of cadastral values.

In the event of absence or loss of validity of the values of the cadastral papers, apply the impact values obtained by the residual method.

Article 28. The value of urban land.

1. the value of urban land without consolidated estate, shall be determined, except as provided in paragraph 2 of this article, by application to the resulting use of the corresponding scope of management that is included, the more specific impact basic value collected in the papers of cadastral values for particular field to value.

2. in the areas of management relating to the reform, renewal or urban improvement, the use of reference of each plot, for the sole purpose of evaluation, will be resulting from planning or resulting from the existing building, if it is higher.

3. in urban soil strengthened by urbanization, the land value is determined by application to the exploitation established by the planning for each particular field, the basic value of impact on collected plot in the papers of cadastral values or, where appropriate, the impact on street or stretch of street fixed in the way established in the technical regulations of cadastral valuation.

4. in the event of absence or loss of validity of the values of the cadastral papers, apply the impact values obtained by the residual method.

Article 29. Value of the soil in the event of lack of plan or without attribution of achievement.

In the event of lack of planning, or when, in urban or developable land, not attributed lucrative use one to the land not included in a specific field of management, taking advantage to take into account for the sole purpose of evaluation, will be the resulting from the weighted average of the exploitations referred to predominant use, estate attorney that for cadastral purposes it is included.

Article 30. Pending development expense deduction.

Of total value determined by application to the appropriate use of impact values, be deducted, when appropriate, accurate and unexecuted estate costs and their financing, management and, where appropriate, promotion, as well as from compensation, according to rules or determinations of this nature contained in the planning or in the works project or corresponding , in their absence, the costs necessary for the corresponding ground reach the condition of solar. In the course of urban soils subject to internal reform operations, renewal or urban improvement, shall be deducted also additional costs that these operations may entail.

Article 31. Valuation of works, buildings, installations, plantations and leases.

1. plantations, planted, works and installations that exist on the ground, unless by its character of permanent improvements have been taken into account in the determination of the value of the land will be valued, regardless thereof, in accordance with the criteria of the law on compulsory expropriation and the amount will be satisfied owners.

2. the value of the buildings, which will be also calculated irrespective of the ground, shall be determined according to the cadastral regulations according to their current replacement cost, fixed in attention to the age and condition of the same.

3. the indemnities in favour of rural and urban tenants shall be determined as laid down in the law on compulsory expropriation.

Article 32. Assessment of administrative concessions and rights in rem over real estate.

1. the assessment of administrative concessions and real rights over 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 law, Civil or tax that may apply.

2. to expropriate a farm taxed with loads, the administration which made it choose between appraising each one of the rights that come with the domain, to distribute to the holders of each of them, or rating the property as a whole and enter your amount held by the Court, so this fix and distribute, for the processing of incidents , the proportion corresponding to the respective stakeholders.

Title IV expropriations article 33. Legitimation of expropriations.

The approval of town planning and delimitations of areas of management plans to be developed by expropriation shall include the Declaration of public utility works and the need for occupation of the land and buildings for the purposes of expropriation or imposition of easements.

Article 34. Functions of the expropriation.

The expropriation on the basis of urban planning may be applied in accordance with the aims laid down in the urban legislation and, likewise, for breach of the social function of property, with the requirements laid down in the law on compulsory expropriation.

Article 35. Exercise of the power of expropriation.

The exercise of the power of expropriation shall comply with provisions in this law and urban planning legislation. In all matters not provided for therein, shall apply the general legislation of compulsory purchase.

Article 36. Procedure of determination of the fair price.

The fair price of the goods and rights expropriated shall be determined in accordance with the provisions of title III of this law, by means of individualized record or by the joint valuation procedure.

Article 37. Payment of the fair price by means of allocation of land.

In all expropriations, the corresponding Administration will satisfy the fair price, by agreement with the expropriated, through the award of land of equal value.

Article 38. Approval and effects of joint valuation procedure.

The payment or deposit of the amount of the valuation established by the competent authority to approve the proposed expropriation will enable to carry out the occupation of the farm and produce the expected effects on the numbers 6, 7 and 8 of article 52 of the law on compulsory expropriation, without prejudice to the assessment, where appropriate, by the Provincial jury of expropriation and that may continue pending resources with respect to the fixation of the fair price. You also enable to carry out the occupation of farms the approval of the document for the award of future plots that has had specified the payment in kind, in accordance with the provisions of the preceding article.

Article 39. Occupation and registration.

1 after the payment or deposit the Act of occupation corresponding to each farm affected by the expropriation dossier will be lifted. The object of the performance surface shall register as one or several registered farms. The fact that some of these farms were not inmatriculada shall not prevent so that you can directly practice that registration. In the affected farms, then note concerning the mortgage seats resulting from compulsory purchase procedures, legislation will extend another in which the expropriated portion will be identified if the action does not affect the totality of the estate.

2 will it be inscribable title the Act or acts of occupation accompanied by certificates of payment or proof of consignment of the fair price of all occupied farms. The title, in addition to the description under the mortgage law, will incorporate the timely cadastral reference and identify the new farm using a suitable graphics coordinate system.

3. If to proceed to registration were doubts based on if within the occupied surface exist any registry estate not taken into account in the expropriation dossier, notwithstanding the registration praticarse, will be such circumstance to the attention of the expropriating body.

Article 40. Cases of reversion.

1. the land of any kind to expropriate for urbanistic reasons must be earmarked for the specific purpose which is established in the relevant Plan.

2 if under modification or revision of the planning to alter the use that motivated the expropriation proceed reversal except that if any of the following circumstances: to) that the new use are adequately justified and was equally dotacional public.

(b) that the dotacional use that motivated the expropriation had been effectively implemented and maintained for eight years.

3 will be the reversal of the land expropriated for the formation or enlargement of the Municipal Heritage of soil if, as a result of a modification of the planning which is not made within the framework of the review of this, altered applications, intensities or exploitation and this implied an increase in value of the same.

4. equally, will reversal in cases of land included in a delimited area for their development by the system of expropriation, when ten years have passed since expropriation without that urbanization would have concluded.

5. the same term and condition shall apply to expropriations of land caused by non-compliance with planning duties associated with the urbanization process.

Title V so-called compensation article 41. Compensation for alteration of planning.

1. the modification or revision of the planning only may give rise to compensation for reduction of exploitation if it occurs within the deadlines set for execution in the scope in which these effects is included the ground, or after those, if the execution has not taken effect for reasons attributable to the administration.

2. the situations outside of management planning changes arising will not be compensable, except as provided for in the preceding paragraph.

Article 42. Compensation for alteration of planning, under license in force.

1. If at the time of entry into force of the amendment or revision of the planning has had obtained planning permission, but had not yet started building, be it declared extinct, with hearing the party concerned, the effectiveness of the licence as soon as it is unhappy with the new management, must fix compensation, on the same record, by the reduction of the resulting use of the new urban conditions , as well as for damages which are rightly credited in accordance with the general legislation of compulsory purchase.

2. If construction had begun, the Administration may modify or revoke the license, paying compensation in accordance with the previous number.

Article 43. Compensation for unique constraints.

Ordinations that impose linkages or unique limitations in order to the preservation of buildings, in which exceed the legally established duties, or carrying with them a restriction of the urban land use that cannot be subject to equitable distribution among stakeholders, confer a right to compensation.

Article 44. Other so-called compensation.

1 shall be in any case compensable costs produced by the fulfillment of the duties inherent to the urbanisation process, within the deadlines established for that purpose, that are unusable as a result of a change of planning or remember the expropriation.

2 when the cancellation of a license, undue delay in granting or its wrongful refusal, the handicapped may claim administration compensation of the caused damages, in the cases and with the concurrence of the requirements laid down in the rules governing such liability in General. In any case there is place to compensation if there is serious fraud, fault or negligence attributable to the injured person.

First additional provision.

The instruments of territorial and town planning, 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 the incidence, binding report by the General Administration of the State prior to its approval.

Second additional provision.

For the sole purpose of the provisions of article 62 of the regulatory law of the local estates in accordance with the wording given by article 21 of the law 13/1996 of 30 December, measures fiscal, administrative and Social order, shall be regarded as developable land so classify planning and are included in sectors as well as the rest of the land classified as land from the time of approval of the planning instrument that develops it.

Third additional provision.

The autonomous cities of Ceuta and Melilla shall exercise the statutory regulatory powers their attributed by organic law 1/1995-2/1995 of 13 March, within the framework of this law and that State enacted for this purpose.

Fourth additional provision.

In the island Territories urban legislation may establish additional criteria to classify soils not building and building, taking into account that the delimitation of the content of the right of ownership of land is conditioned by the peculiarity of the island fact, limited capacity of territorial development and the need to reconcile a sufficient offer of land for development with the protection and preservation of the essential elements of the territory.

Fifth additional provision.

This law shall apply without prejudice to specific existing statutory regimes in the field of finance, taxation, municipal economic and financial regime and regime of municipal property.

First transitional provision. Urban regime.

The regulation of urban land established by this law, without prejudice of the specialties on management and the use of the urban planning legislation, shall apply from the entry into force of the same curricula and standards this time, taking into account the following rules: a) to urban land and the undeveloped, applies les respectively the regime established in this law for urban land and non-developable land.

(b) to the programmed urbanizable, soil suitable for urban development and non-programmed urbanizable shall apply the regime of rights and duties laid down in this law for the land for development. The development of non-programmed urbanizable may promote directly, without the need for competition, by means of planning instruments provided for in the urban legislation.

Second transitional provision. Existing general planning.

Existing general planning to the entry into force of this law will have to adapt his soil classification provisions in it when it is appropriate to review.

Third transitional provision. General planning in the pipeline.

1 general planning pending the entry into force of this law may continue to be processed without adapting their classifications of soil to the same.

2 means that it is in the situation envisaged in paragraph to the general planning, or its revision, in which processing has won initial approval agreement.

Fourth transitional provision. Planning underway.

In procedures for the distribution of benefits and burdens which had not reached the final approval to the date of entry into force of this law, shall apply regarding the transfer of soil that is to materialize the percentage of utilization which corresponds to the corresponding administration, the urban regime established therein, according to the kind of soil.

Fifth transitional provision. Valuations.

In expropriation cases, assessment provisions contained in this law provided that has not reached the final fixing of the fair price in administrative proceedings shall apply.

Sole repeal provision.

1 be repealed the Royal Legislative Decree 1/1992, of 26 June, which approved the revised text of the regime of the soil and urban planning Act, with the exception of the following precepts: 104.3 articles; 113.2; 124.1 and 124.3; 133; 134.1; 136.2; 137.5; 138.b); 159.4; 168; 169; 170.1; 183; 204; 210; 211.3; 213; 214; 222; 224; 242.1 and 242.6; 243.1 and 243.2; 244.2, 244.3 and 244.4; 245.1; 246.2; 255.2; 258.2 and 258.3; 259.3; 274; 276; 280.1; 287.2 and 287.3; 288.2 and 288.3; 289; 299; 300; 301; 302; 303; 304; 305; 306; 307; 308; 309; 310; Fourth additional provision. 1st and 3rd; Sixth additional provision, and transitional provision quinta.1.

2 are also repealed articles 1, 2, 3, transitional provision and disposal first law 7/1997, of 14 April, liberalization measures in the field of soil and professional associations.

3 they are equally repealed many legal provisions they oppose or are inconsistent with provisions of this law.

Sole final provision.

They have the character of basic legislation under the provisions in article 149.1.13., 18th and 23.ª of the Spanish Constitution and, where appropriate, of the basic conditions for the exercise of the rights pursuant to article 149.1.1. ª of the constitutional text, the following precepts: 1; 2; 3; 4; 5; 6; 7; 8; 9; 10; 11; 12; 13; 14; 15; 16; 17; 18; 19; 20; 34; 41; 42; 43; 44.1; additional provisions second, third, fourth and fifth; and transitional provisions first, second, third and fourth, with the remaining the exclusive competence of the State under article 149.1.4., 8th and 18th of the quoted text.

Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.

Madrid, April 13, 1998.



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