JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

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

EXPLANATORY STATEMENT

1. The successive reforms of our urban planning legislation have been increasing the complexity of this sector of the legal system by multiplying, sometimes unnecessarily, the administrative interventions in the different phases of the urban development, which, together with the limitation of the supply of land, has made a decisive contribution to delaying the conclusion of urbanization and further construction operations to unreasonable extremes, making its cost and making it difficult to schedule appropriate business activities, with the consequent increase in the final product.

The last of these reforms, carried out by Law 8/1990, of 25 July, and collected in the recast text of the Law on Soil and Urban Planning, approved by Royal Legislative Decree 1/1992, of 26 June, which has The Court of Justice of the European Communities, which is the subject of the judgment of the Constitutional Court of 20 March 1997 ('Official State Gazette ' of 25 April 1997), brought this line of trend to its final consequences and its failure, which today is impossible to ignore, calls for a strong In the case of the European Union, the European Union must be able to take the necessary action to ensure that the This is the first time that the Commission has been able to take the necessary measures to ensure that the public authorities responsible for urban policy have greater capacity to adapt to a changing economic situation, in which the expansion and recession cycles They happen with extraordinary speed.

The state legislator, which is constitutionally lacking in terms of urban planning and spatial planning in its own sense, cannot in itself face the task indicated, to which it can only provide a solution. In the case of the Court of Justice, the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance did not have the right to national territory, as well as to regulate other matters that affect urban planning as they are forced expropriation, valuations, liability of public administrations or the common administrative procedure.

Therefore, his work calls for a continuation by the legislators of the different Autonomous Communities, without which the reform that now begins would be incomplete.

2. Within these specific limits, which unequivocally understand the determination of the different soil classes as the same budget for the definition of the basic conditions of the right of urban property, this Law seeks to facilitate the increase in the supply of soil, making it possible that all the soil that has not yet been incorporated into the urban process, in which there are no reasons for its preservation, can be considered as being capable of being urbanized. In accordance with the planning and territorial or sectoral legislation, due to their environmental, landscape, historical, archaeological, scientific or cultural values, their agricultural, forestry, livestock or other wealth, or their justified inadequacy for urban development. It should also be borne in mind that the reform of the soil market in the sense of greater liberalisation that increases its supply is part of the necessary structural reform of the Spanish economy, for which the state legislator has the powers conferred on him by Article 149.1.13. of the Spanish Constitution.

In this large urbanizable land that, following this criterion, delimits the plans, they will therefore be able to promote urban actions in the terms that the urban legislation requires in each applicable case, and always, of course, in accordance with the forecasts of urban planning and sectoral plans and projects, ensuring that its promoter is responsible for the implementation, at its cost, of the infrastructure of connection with the general systems which the nature of the intensity of these actions is in each case and, even, strengthening and improvement of these general systems where necessary, minimum requirements which, because of their nature, contribute to the definition of the basic conditions for the exercise of the right of ownership.

The land planning regime dispenses with the need to impose on the owners a system of actions programmed by the Administration, without data or effective guarantees to ensure its execution, which is only in conditions of offer in relation to their own actions. This does not, in any case, imply a waiver of the guiding and guiding function which is an integral part of the idea of a plan. On the contrary, the Law is part of the effective exercise of this function by general planning, which can and should in any case fix the general structure of the territory, that is, the image of the city that the community that approves it considers desirable, since that is a reference from which, in no case, can be dispensed with.

This is the general idea that the Law is part of with the purpose of not introducing, from the definition of the basic legal status of the property of the soil, unnecessary rigidities that could impede the deployment by the legislators The Commission is also aware of the fact that the Commission has not yet been able to make a decision on the implementation of the internal market in the context of an economic and social policy. conjuncture changes.

In this way, the necessary flexibility, which has been lacking in the past, is cohonest with the essential safeguard of public interests.

The flexibility that the law pursues in order to avoid a shortage of land should not, however, lead to a regime of absolute discretion of the urban authorities when deciding on the viability of the land. initiatives to be promoted in the field of land-based land. Therefore, the Law has provided that the right to promote the transformation of said soil by urging the Administration to approve the development plan, may be exercised from the moment the general planning has delimited the (a) the conditions for their development have been laid down or the conditions for their development have been laid down, in other cases the Regulation of the Autonomous Communities, as well as the effects of the right of consultation, both on the criteria and forecasts of the planning-territorial and sectorial-as of the works additional that the performance requires.

In this way, it is intended to ensure a minimum of consistency to the right of the owner of the land classified by the planning as an urbanizable, that as such a minimum, it must be understood without discussion within the basic conditions of the legal status of the property, without prejudice to the freedom of the competent authorities to assess, in each case, the public interests at stake.

3. As far as the criteria for soil assessment are concerned, the Law has chosen to establish a system that tries to reflect as accurately as possible the real value that the market assigns to each type of soil, thus formally renouncing all class of artificial formulas that, with greater or lesser apparent foundation, contradict that reality and constitute an endless source of conflicts, casting a shadow of injustice that subtracts credibility to the Administration and contributes to delegitimize your performance.

Thus the present duality of values, initial and urban, to which the four different values that established in its day the first version of the Law of the Soil, has already been reduced, so that, from now on, there will be only one value, the value that the good really has in the market of the soil, the only value that can claim for itself the qualifier of just that it demands inexcusably all the expropriation operation. From this basic principle, the Law is limited to establishing the method applicable for the determination of that value, in function, of course, of the soil class and, consequently, of the legal regime applicable to it and its characteristics. concrete.

This method is, both in the land not urbanizable and in the urbanizable area not yet included in a concrete scope for its development, or for which the conditions of such development have not been established, the comparison with the (a) the values of other similar farms, taking into account their urban arrangements, situation, size and nature, as well as the uses and uses permitted by the planning. For cases where this comparison is not possible, in the above mentioned soils-without foreseeable development in the short term-the alternative method will be the capitalization of actual or potential land rents according to their state and nature, which is the traditional method.

In urban land and in the urban area included in areas defined by or after general planning, for which development conditions have been established, the method of calculation shall consist of: the application to the corresponding use of the basic value of the impact collected in the cadastral ponences for the land in question, a value which, in accordance with the provisions of Law 39/1988, regulating local farms, reflects the market values, since the cadastral valuations are set from a prior study of these values. Finally, and in the case where the values of the cadastral ponences do not exist or do not exist, due to the loss of validity or the modification of the planning, the basic value of the impact shall be calculated by the residual method. used in the real estate field, in its different modalities, both by the public and private sectors.

The application of impact values, having regard to their correspondence, in general, with urbanised land and in conditions of being built, entails the need to deduct all the costs of urbanisation which in each case was pending, as well as the financial, management and any other costs that were essential to provide the land with the solar condition, as it has been done regularly and peacefully in the appraisals that they do daily in the real estate and in the financial field.

The strict realism to which the Law has sought to adjust at this point will undoubtedly contribute to increasing the security of legal traffic and reducing conflict, which will also result in a streamlining of management urban planning and in a reduction in unnecessary costs that its prolongation in time inevitably adds.

4. Title IV of the Law has been limited to include the necessary precepts to frame the exercise in this sector, by the different public administrations, of the expropriation power, to which they will be applicable without further the general rules These are in force. It also refers to the determination of the Justiprice, to the general criteria set out in Title III, ending the current and unjust duality of criteria that treats the expropriated owner differently and to the one who is not.

5. Title V, for its part, simply adjusts to the legal regime of the property of the soil that establishes Titles I and II of the Law the previous regulation of the compensation for alteration of the planning and the limitations or the links (a) the single market shall not be subject to a fair distribution by the profit-sharing and burden-sharing mechanisms established by the urban legislation.

6. The Law has sought to remain absolutely within the framework of the powers of the State clearly defined by the judgment of 20 March 1997 of the Constitutional Court already cited, so it has renounced the slightest influence on the relating to planning, urban management and control of the planning and management.

7. Finally, the transitional provisions of the Law seek to avoid the continuation of the continuity solutions, establishing rules of direct application according to the situation of the processes of development and execution of the planning and obviating the demand for the prior adaptation of the plans for the effectiveness of the reform, due to the negative experience accumulated in the light of the previous reforms.

TITLE I

General provisions

Article 1. Object of the Law.

It is the object of this Law to define the basic content of the property right of the soil according to its social function, regulating the conditions that ensure the essential equality of its exercise throughout the territory national.

Article 2. Faculties of the right of ownership.

1. The urban faculties of the right of property shall always be exercised within the limits and with the fulfilment of the duties established in the laws or, by virtue of them, by the planning according to the urban classification of the God.

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

Article 3. Participation in capital gains.

The participation of the community in the capital gains generated by the urban action of the public authorities, will occur in the terms set out in this Law and the others that are applicable.

Article 4. Urban action and private initiative.

1. The owners must contribute, in the terms established in the laws, to the urban action of the public authorities, to which the direction of the process will be the responsibility, without prejudice to respect the initiative of those.

2. Public management through its urban planning and land policies will, as far as possible, raise private participation.

3. In the case of public action, the Acting Administration will promote, within the framework of the urban legislation, the participation of the private initiative even if it does not have ownership of the land.

Article 5. Equitable sharing of benefits and burdens.

The laws will in any case guarantee the distribution of the benefits and burdens arising from the planning, among all the owners affected by each urban performance, in proportion to their contributions.

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

1. Urban legislation will ensure public participation in the planning and management processes, as well as the right to information of the entities representing the interests affected by each action and the individual.

2. Every administration shall have the right to be informed by the competent authority in writing of the arrangements and urban conditions applicable to a particular farm or area.

TITLE II

Land ownership of land ownership

CHAPTER I

Soil Classification

Article 7. Soil classes.

For the purposes of this Law, soil is classified in urban, urbanizable and non-urbanizable or equivalent classes regulated by urban legislation.

Article 8. Urban soil.

They will have the condition of urban soil, for the purposes of this Law:

(a) The soil has already been transformed by having at least access, water supply, water evacuation and the supply of electrical energy or to be consolidated by the construction in the form and with the characteristics to establish urban legislation.

(b) The land that has been urbanized in accordance with the plan has been developed according to the plan.

Article 9. Ground non-urbanizable.

They will have the condition of non-urbanized soil, for the purposes of this Law, the grounds in which one of the following circumstances concurs:

1. To be included in this class because they are subject to a special protection regime incompatible with their transformation according to the plans of territorial planning or the sectoral legislation, due to their landscape, historical, archaeological, scientific, environmental or cultural values, natural hazards accredited in sectoral planning, or depending on their attachment to limitations or easements for the protection of the public domain.

2. That general planning considers it necessary to preserve by the values referred to in the previous point, by its agricultural, forestry, livestock value or by its natural riches, as well as those other than Consider inadequate for urban development.

Article 10. Urbanizable soil.

The soil that, for the purposes of this Law, does not have the condition of urban or non-urbanizable, will have the consideration of land urbanizable, and it may be object of transformation in the terms established in the legislation urbanistics and applicable planning.

Article 11. Soil classification in municipalities without planning.

In municipalities lacking general planning, soil which does not have an urban condition in accordance with the criteria laid down in Article 8 shall be considered to be non-urbanisable for the purposes of this Act.

CHAPTER II

Owners ' rights and duties

Article 12. Exercise of rights and duties.

The rights and duties of the owners of land that are regulated in this Law will be exercised in accordance with the regulations that on planning, management and execution of the planning establish the urban legislation in each case applicable.

Article 13. Rights of owners of urban land.

The owners of urban land have the right to complete the urbanization of the land so that they acquire the condition of solar and to build these in the conditions that in each case establish the urban legislation and planning.

Article 14. Duties of urban land owners.

1. The owners of land on urban land consolidated by urbanization will have to complete the urbanization necessary for them to reach-if not yet-the condition of solar, and build them in time if they will find in areas for which it has been established by the planning and in accordance with the planning.

2. Owners of land on urban land who lack consolidated urbanisation must assume the following duties:

(a) Compulsory and free of charge to the Administration all the necessary soil for the vials, free spaces, green zones and public endowments of a local character to the service of the field of development in which its lands are included.

(b) Compulsory and free Ceder of the soil necessary for the implementation of the general systems which the general planning, where appropriate, includes in the field concerned, for the purposes of its management.

(c) compulsory and free Ceder to the Administration acting on the floor corresponding to 10 per 100 of the use of the corresponding field; this percentage, which has a maximum character, may be reduced by the urban legislation. In addition, this legislation may reduce the involvement of the Acting Administration in the housing costs that correspond to such land.

d) Proceed to the equitable distribution of the benefits and burdens arising from the planning, prior to the start of the material execution of the plan.

e) Cost and, if applicable, run the urbanization.

f) Edify the solar in the timeframe that, if any, set the planning.

Article 15. Rights of owners of land-based land.

Soil owners classified as urbanizable will have the right to use, enjoy and dispose of the land of their property according to the rustic nature of the land. In addition, they will have the right to promote their transformation by urging the Administration to approve the relevant development planning, in accordance with what is established by urban legislation.

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

1. The right to promote the transformation of the land, through the presentation to the City Council of the corresponding development planning for its processing and approval, can be exercised from the moment the general planning delimits its scope or the conditions for its development have been established.

2. In another case, the Autonomous Communities, through the urban legislation, will regulate the processing, determinations and content of the documentation necessary to proceed to this transformation. This legislation will also regulate the effects of the right of consultation of the competent authorities on the criteria and forecasts of urban planning, sectoral plans and projects, and the works to be carried out by the competent authorities. carry out at their expense to ensure the connection with the general external systems to the action in accordance with the provisions of Article 18 (3) of this Law. Such legislation shall also set the time limits for responding to the consultation.

Article 17. Provisional uses and works.

In the case of sectors or areas already defined with a view to their immediate development, as long as the corresponding development planning has not been approved, only exceptionally uses and works of provisional character which is not expressly prohibited by urban or sectoral legislation or by general planning, which shall cease, and in any event, be demolished without any compensation, when the Administration will agree urbanistics. The authorization, under the conditions accepted by the owner, shall be entered in the Land Registry in accordance with the provisions of the mortgage legislation.

In the rest of the land, the uses provided for in Article 20 of this Law may be authorised prior to their inclusion in sectors or areas for development.

Article 18. Duties of land owners of urbanizable soil.

The transformation of soil classified as urbanizable will behave for the owners of the following duties:

1. Cede compulsory and free of charge to the Administration all the necessary soil for the vials, free spaces, green zones and public endowments of a local character to the service of the development field in which their lands are included.

2. Cede compulsory and free of charge the soil necessary for the implementation of the general systems which the general planning, if any, includes or falls under the relevant scope.

3. Cost and, where appropriate, to implement the infrastructure of connection with the general systems external to the action and, where appropriate, the necessary works for the extension or reinforcement of those systems required by the dimension and density of the same and the usage intensities that it generates, in accordance with the requirements and conditions set out in the general planning.

4. Ceding compulsory and free of charge to the Administration acting on the floor corresponding to 10 per 100 of the use of the sector or corresponding area; this percentage, which has a maximum character, may be reduced by the legislation urbanistics. In addition, this legislation may reduce the involvement of the Acting Administration in the housing costs that correspond to such land.

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

6. Cost or execute the development of the sector or corresponding area.

7. Build the solar systems within the time limit that, if applicable, establish the planning.

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

1. Owners of all types of land and buildings must use them for uses that are not incompatible with urban planning and maintain them in conditions of safety, health and public order. They shall also be subject to compliance with the rules on the protection of the environment and architectural and archaeological heritage and on urban rehabilitation.

2. The cost of the works required under the provisions of the preceding number shall be borne by the owners or by the Administration in the terms laid down by the applicable legislation.

Article 20. Rights of non-urbanized land owners.

1. Land owners classified as non-urbanizable shall have the right to use, enjoy and dispose of their property in accordance with the nature of the land, and must be used for agricultural, forestry, livestock, hunting, and other purposes. linked to the rational use of natural resources, and within the limits that, where appropriate, establish laws or planning.

Exceptionally, through the procedure provided for in urban legislation, specific actions of public interest may be authorised, on the grounds that the circumstances provided for in paragraph 1 are not met. Article 9 of this Law.

2. In the case of non-urbanisable land, urban areas are prohibited, without, in any case, divisions, segregations or fractionations of any kind against the provisions of the agricultural, forestry or forestry legislation. similar nature.

Article 21. Transmission of estates and urban planning duties.

1. The transmission of farms shall not change the situation of the holder of the same in relation to the duties established by the urban legislation applicable or required by the implementing acts derived therefrom. The new holder shall be subrogated to the place and place of the former owner in his or her urban rights and duties, as well as in the commitments which he has agreed with the competent urban administration and have been the subject of registration. record, provided that such commitments relate to a possible legal-real mutation effect.

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

(a) If this is not a building site or with out-of-order buildings in accordance with the applicable planning, its express status to these effects.

(b) If the land is in the process of urbanization, the commitments still outstanding that the owner has assumed in order to the same.

(c) In the case of land of particular initiative housing, the date of approval of the relevant planning and the clauses relating to the disposal of the parcels and commitments to the acquirers.

3. The infringement of any of the foregoing provisions, without prejudice to the provisions of paragraph 1 of this Article, shall entitle the acquirer to terminate the contract within one year from the date of its award and to to demand compensation for the damages that have been caused to him.

Article 22. New work declaration.

The Notaries and Registrar of the Property shall require to authorize or to register, respectively, written new works of declaration, that the granting of the required license and the expedition by competent technical of the certification of completion of the work according to the project object of the work.

To authorize and enroll new work in construction, the building license will be accompanied by certification issued by competent technician that the description of the new work is in line with the project for which it is obtained the license. In this case, the owner must record the termination by a notarial act that will incorporate the certification of completion of the aforementioned work.

Both the license and the aforementioned certifications must be shown in the corresponding scriptures.

TITLE III

Valuations

Article 23. General application of the valuation rules.

For the purposes of expropriation, soil assessments shall be carried out in accordance with the criteria laid down in this Law, whatever the purpose of the reason and the legislation, urban or other, which the legitimize.

In the absence of agreement between the owners concerned, these criteria shall also apply to the procedures for the distribution of benefits and charges in accordance with what is established by urban legislation.

Article 24. Time to which the valuations are to be referenced.

Valuations will be understood as referring to:

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

b) In other scenarios of action, at the time of initiation of the corresponding procedure.

c) In the determination of compensation for change of planning, in the assumptions provided for in Title V of this Law, at the time of publication of the final approval of the new planning.

Article 25. General assessment criteria.

The soil will be valued according to its class and situation, in the form set out in the following items.

Article 26. Land value not urbanizable.

1. The value of this soil shall be determined by the method of comparison from values of similar properties. For these purposes, the identity of reason justifying the analogy shall take into account the urban arrangements, the situation, size and nature of the said estates in relation to which it is valued, as well as, where appropriate, the uses and the use of that they are susceptible.

2. Where the application of the method indicated in the preceding paragraph is not possible due to the absence of comparable values, the value of undeveloped land shall be determined by the capitalisation of actual or potential land rents, and to their status at the time of the assessment.

Article 27. Value of the land-building.

1. The value of the land, in the situation referred to in Article 16 (2), shall be determined in the manner defined in the previous Article.

2. Where the land in question is in the situation described in Article 16 (1), the value of the land shall be obtained by application, as appropriate, of the basic value of the impact on polygon, which shall be deducted from the ponences of cadastral values.

In the case of non-existence or loss of validity of the values of the cadastral ponences, the impact values obtained by the residual method shall be applied.

Article 28. Value of urban land.

1. The value of urban land without consolidated urbanisation shall be determined, except as provided for in paragraph 2 of this Article, by application to the use resulting from the relevant management area in which it is included, the basic value of more specific impact collected on the presentations of cadastral values for the particular field to be assessed.

2. In the areas of management which have as their object the urban reform, renovation or improvement, the use of reference for each plot, to the sole effects of their assessment, shall be the result of the planning or the resulting of the construction existing, if it was higher.

3. In the urban land consolidated by urbanization, the value of the soil will be determined by application to the use established by the planning for each concrete field, the basic value of the impact on the land collected in the cadastral values or, where appropriate, of the impact on street or street section corrected in the form set out in the technical regulation of cadastral valuation.

4. In the case of non-existence or loss of validity of the values of the cadastral ponences, the impact values obtained by the residual method shall be applied.

Article 29. The value of the soil in the assumptions of lack of plan or without attribution of use.

In the cases of lack of planning or when, in urban or urban land, no profit is attributed to the land not included in a given management area, the use to be taken into account the sole effects of its valuation shall be the result of the weighted average of the profit-making, in relation to the predominant use, of the tax polygon in which, for the purposes of the tax purposes, it is included.

Article 30. Deduction of pending urbanization expenses.

From the total value determined by application to the corresponding use of the impact values, the costs of urbanisation need to be deducted, where appropriate, and the costs of their financing, management and, in their case, promotion, as well as those of the compensation from, according to the rules or determinations of this nature contained in the planning or the project of corresponding works or, failing that, the costs necessary for the land corresponding to the solar condition. In the case of urban land subject to internal reform, renovation or urban improvement operations, the additional costs that such operations may entail shall also be deducted.

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

1. Plantations, crops, works and installations which exist on the ground, except where permanent improvements have been taken into account in the determination of the value of the land, shall be valued, irrespective of the value of the land, the criteria of the Compulsory Expropriation Act and its amount will be satisfied to its holders.

2. The value of the buildings, which will also be calculated independently of the soil, will be determined according to the cadastral regulations according to their cost of replenishment, corrected in attention to the antiquity and state of conservation of the same.

3. Compensation in favour of rural and urban tenants shall be fixed in accordance with the provisions of the Compulsory Expropriation Act.

Article 32. Assessment of the administrative concessions and of the real property rights.

1. The valuation of the administrative concessions and the actual property rights, for the purposes of their constitution, modification or extinction, shall be made in accordance with the provisions on expropriation which specifically determine the The Court of Justice shall be entitled to the right of the Court of

.

2. When an estate is expropriated with loads, the Administration that will make it will be able to choose between Justiciate each of the rights that concurs with the domain, to distribute it among the holders of each one of them, or to value the real estate in their assembly and to record their amount held by the Court, in order for it to establish and distribute, in the event of the incidents, the proportion corresponding to the respective persons concerned.

TITLE IV

Expropriations

Article 33. Legitimization of expropriations.

The approval of plans for urban planning and delimitation of management areas to be developed by expropriation will involve the declaration of public utility of the works and the need for occupation of the land and buildings. for the purposes of expropriation or imposition of easements.

Article 34. Functions of expropriation.

Expropriation by reason of urbanism may be applied in accordance with the purposes provided for in the urban legislation and, likewise, for non-compliance with the social function of the property, with the requirements laid down in the Forced Expropriation Act.

Article 35. Exercise of the expropriation power.

The exercise of the expropriation power will be in accordance with the provisions of this Law and in the urban legislation. In all cases, the general legislation on compulsory expropriation will apply.

Article 36. Procedure for the determination of the Justiprice.

The Justipricing of the expropriated property and rights shall be determined in accordance with the provisions of Title III of this Law, either by individual case or by the joint assessment procedure.

Article 37. Payment of the fair by land award.

In all expropriations, the Acting Administration may satisfy the Justiprice, according to the expropriated, by the award of land of equivalent value.

Article 38. Approval and effects of the joint assessment procedure.

The payment or deposit of the amount of the valuation established by the competent body when approving the expropriation project will enable to proceed to the occupation of the estate and will produce the effects foreseen in the numbers 6, 7 and 8 Article 52 of the Law on Compulsory Expropriation, without prejudice to the assessment, if any, by the Provincial Jury of Expropriation and that the resources from the fixing of the Justiprice can continue to be processed. It shall also enable the approval of the document for the award of the future plots in which the payment in kind would have been made, in accordance with the provisions of the previous article.

Article 39. Occupation and registration in the Register.

1. Once the payment or entry has been made, the occupation record corresponding to each farm affected by the expropriatory file shall be lifted. The area covered by the action shall be registered as one or more registered farms. The fact that one of these farms is not registered will not be an obstacle to the direct practice of the registration. On the affected farms, following the note referred to in the mortgage legislation on seats derived from forced expropriation procedures, another will be extended in which the expropriated portion will be identified if the action does not affect the entire estate.

2. The minutes or minutes of occupation shall be entered in the form of the minutes of payment or the supporting documents for the payment of the fair value of all the farms concerned. This title, in addition to the description according to the mortgage legislation, will incorporate the timely cadastral reference and identify the new farm by an appropriate graphical system of coordinates.

3. If, in the course of the registration, there are reasonable doubts as to whether there is a non-registered estate within the occupied area in the expropriatory file, without prejudice to the application of the registration, it shall be such circumstance in knowledge of the expropriating body.

Article 40. Reversal assumptions.

1. Land of any kind that is expropriated for urban reasons shall be intended for the specific purpose to be established in the relevant Plan.

2. If, by virtue of modification or revision of the planning, the use that prompted the expropriation is altered, the reversal shall proceed unless one of the following circumstances is present:

a) That the new assigned use was adequately justified and equally public.

b) That the endotational use that motivated the expropriation would have been effectively implanted and maintained for eight years.

3. The reversion of the land expropriated for the formation or extension of the Municipal Heritage of Soil shall proceed if, as a consequence of a modification of the planning that is not carried out in the frame of the review of the plan, the uses will be altered, intensities or use and this would result in an increase in the value of the same.

4. Likewise, the reversal will proceed in the cases of land included in a limited scope for its development by the expropriation system, when ten years have passed since the expropriation without the urbanization being completed.

5. The same period and condition shall apply in the expropriations of land motivated by non-compliance with urban planning duties linked to the urbanization process.

TITLE V

Compensation Assumptions

Article 41. Compensation for alteration of planning.

1. The modification or revision of the planning may only give rise to compensation for reduction of use if it occurs before the time-limits laid down for its implementation in the field in which the effects are included (a) whether the execution has not been carried out for reasons attributable to the Administration.

2. Out-of-order situations arising from changes in planning shall not be indemnable, except as provided for in the previous paragraph.

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

1. If, at the time of entry into force of the modification or revision of the planning, the construction licence has been obtained, but the construction has not yet begun, the effectiveness of the construction shall be declared to be extinguished with an audience of the person concerned. (i) a licence as soon as it is not in conformity with the new management; the compensation must be fixed in the same file for the reduction of the use resulting from the new urban conditions and for the damage which it justifies are accredited in accordance with the general legislation of compulsory expropriation.

2. If the building has already been started, the Administration may modify or revoke the license, fixing the compensation in accordance with the above number.

Article 43. Compensation for singular limitations.

The ordinations that imputed unique links or limitations in order to the conservation of buildings, in excess of the duties legally established, or that carry with them a restriction of the use Land planning which cannot be the subject of fair distribution between the parties concerned shall confer the right to compensation.

Article 44. Other compensation claims.

1. In any case, the costs incurred in carrying out the duties inherent in the planning process, within the time limits set for that purpose, which are rendered inserviceable as a result of a change of planning or by a change of planning, shall be indemnified. to agree to expropriation.

2. Where the cancellation of a licence, an unjustified delay in the granting of a licence or its improper refusal, the injured parties may claim compensation for the damage caused, in the cases and with the concurrency of the requirements laid down in the rules governing that liability in general. In no case shall there be compensation if there is any serious negligence, guilt or negligence attributable to the injured party.

Additional disposition first.

The instruments of territorial and urban planning, whatever their class and denomination, that have an impact on land, buildings and installations, including their protection zones, affections to the National Defense they shall be subject, in respect of that incident, to a binding report of the General Administration of the State prior to their approval.

Additional provision second.

To the sole effects of the provisions of article 62 of the Law of the Local Government, according to the wording granted by article 21 of Law 13/1996, of December 30, of Fiscal Measures, Administrative and of the Social Order, will have the consideration of urbanizables the land that so classifies the planning and are included in sectors, as well as the rest of the soil classified as urbanizable from the moment of approval of the instrument urbanistic to develop it.

Additional provision third.

The Autonomous Cities of Ceuta and Melilla will exercise the regulatory powers conferred on them by the Organic Laws 1/1995 and 2/1995 of 13 March, within the framework of this Law and of which the State promulgate to that effect.

Additional provision fourth.

In the island territories, urban legislation may lay down additional criteria for classifying non-urbanizable and urbanizable soils, taking into account that the delimitation of the content of the property of the soil is conditioned by the peculiarity of the island fact, its limited capacity of territorial development and the need to reconcile a sufficient supply of land urbanizable with the protection and preservation of the elements essential for the territory.

Additional provision fifth.

This Law will apply without prejudice to the specific foral regimes in force in the area of finance, tax regime, municipal economic-financial regime and municipal property regime.

First transient disposition. Urban regime.

The land planning regime established in this Law, without prejudice to the specialties on land management and land use, will be applicable from the entry into force of the land legislation to the plans and regulations. in force at the time, taking into account the following rules:

(a) To the urban land and to the undeveloped land, the regime established in this Law for the urban land and for the non-urbanizable will be applied to them.

(b) The scheduled land-based land, the land suitable for urbanisation and the unscheduled land-based land shall be subject to the rights and duties arrangements set out in this Law for land-based land. The development of unscheduled urban land may be promoted directly, without the need for competition, by means of planning instruments provided for in urban legislation.

Second transient disposition. General planning in place.

The general planning in force for the entry into force of this Law shall adapt its classification of soil to the provisions of this Law when it is reviewed.

Transitional provision third. General planning on processing.

1. The general planning for the entry into force of this Law may be continued without adapting its soil classifications to it.

2. It shall be understood to be in the situation referred to in the preceding paragraph to general planning, or its review, in which the initial approval agreement has been approved.

Transitional disposition fourth. Planning running.

In the procedures for the distribution of benefits and charges that would not have reached definitive approval at the date of entry into force of this Law, it will be applicable in terms of the assignment of land in which it is due (i) to implement the percentage of the benefit of the current administration, the urban planning system established in the current administration, according to the soil class.

Transient disposition fifth. Valuations.

In the expropriatory files, the provisions on valuation contained in this Law will be applicable provided that the final fixing of the Justiprice has not been reached on an administrative basis.

Single repeal provision.

1. The Royal Legislative Decree 1/1992, of 26 June, is hereby repealed, approving the recast text of the Law on Soil and Urban Planning, with the exception of the following precepts:

Articles 104.3; 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; additional provision fourth. 1. and 3. additional provision, sixth, and transitional provision quain.1.

2. Articles 1, 2, 3, the transitional provision and the final provision of Law 7/1997 of 14 April 1997 on Liberalizing Measures in the field of Soil and Professional Colleges are also repealed.

3. As many legal provisions are also repealed or incompatible with the provisions of this Law, they shall be repealed.

Single end disposition.

They have the character of basic legislation in accordance with the provisions of Article 149.1.13., 18. and 23. of the Spanish Constitution and, where appropriate, of basic conditions for the exercise of rights in accordance with the provisions of the Article 149.1.1. of the constitutional text itself, 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; second, third, fourth and fifth provisions; and provisions The first, second, third and fourth transitional arrangements, corresponding to the remaining State pursuant to Article 149.1.4., 8. and 18. of that text.

Therefore,

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

Madrid, 13 April 1998.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ