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Law 7/1997 Of 14 April, Of Liberalizing Measures On Soil And Professional Associations.

Original Language Title: Ley 7/1997, de 14 de abril, de medidas liberalizadoras en materia de suelo y de Colegios profesionales.

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TEXT

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

Given the situation of the soil and housing market, it is necessary to adopt first measures that will help to increase the supply of soil in order to make the soil available. The proposed changes to urban planning legislation are also aimed at simplifying procedures and shortening the time limits in force. Progress will be made in achieving the public objective of ensuring greater ease of access to housing and reducing the enormous discretion now in place.

Thus, according to Article 1, the General Planning Plans, whose processing begins after the approval of this Law, will contain a single classification of land that is urbanizable. In Article 2, the assignment of soil to the Ayculas is modified, placing it at 10 per 100. Article 3 reduces the time limits for the approval of the planning by the Councils. Article 4 amends the Law of Local Regime Bases, facilitating the approvals of planning and urban management instruments. Finally, the transitional provision provides for a simpler procedure to promote the ground that the current planning or processing classifies as unscheduled urbanizable.

With regard to professional colleges, certain aspects of the regulation of the activity of professionals who limit competition are modified, introducing rigidities that are difficult to justify in an economy. developed. First of all, it is generally recognized that the exercise of the collective professions should be subject to the free competition regime. Secondly, it is established that the essential requirement for membership is to be made only in the Territorial College corresponding to the professional's domicile. Finally, the power of professional colleges to set minimum fees is eliminated, although they will be able to set fees for guidance fees.

CHAPTER I

Soil

Article 1. Removal of the distinction between scheduled urbanizable ground and unscheduled land-based land.

One. The distinction between scheduled and unscheduled land in the Royal Legislative Decree 1/1992 of 26 June, recasting both classes of soil, being called land-based soil, is suppressed.

Two. Land for which general planning is declared suitable for urbanisation shall be the land for which the general planning is concerned.

Three. The provisions contained in the Royal Legislative Decree 1/1992, for scheduled urban land

will apply to the urban development of the land.

Article 2. Use and disposal of soil to the Councils.

One. In urban land, the use of land not included in an implementing unit shall be the urban use of the land operator which is the result of the use of the type of the area of distribution in which it is located or, where appropriate, by virtue of the urban legislation, direct application of the ordinances or urban rules of the plot.

Two. The development of urban land in an urban area, which is included in an implementation unit and in land-based land, will be the result of 90 per 100 of the type of the distribution area being used in the field. which is found. If the type of use is not determined, account shall be taken of the average utilisation of the unit of execution or of the relevant sector in which it is located.

Three. In urban land, the units of execution of which the object is the urban reform, renovation or improvement, as well as the rehabilitation works and the replacement of the building without increase of the volume constructed will not give rise to transfers or to transfers of use. Article 3. Reduction of deadlines.

On an extra basis, and provided that no different way is available in the town planning legislation, the processing times will be as follows:

One. The period of public information referred to in Articles 114.1 and 116.a) shall not exceed two months.

Two. In the second paragraph of Article 116.a), the expression "... in the case of special initiative plans, shall be three months from ..."; it shall be replaced by: " (...) in the case of individual initiative plans, it shall be two months from (...) ".

Three. In the second paragraph of Article 116.b), the expression "... shall not exceed one year from ..."; it shall be replaced by: "(...) shall not exceed six months from (...)".

Four. In Article 117.2, the words '... the competent authorities within three months (...)' shall be replaced by: ' (...) the competent authorities within two months (...)

.

Five. In Article 119.3, the expression '(...) in detail shall be three months from (...)'; it shall be replaced by: '(...) in detail, it shall be two months from (...

'.

Six. In the first paragraph of Article 157.2, the phrase 'The deadline for agreeing on initial approval shall be three months from the date of submission of the complete documentation', by the sentence ' The deadline for agreeing on the initial approval shall be: of two months from the presentation of the complete documentation ".

Seven. New wording is given in the second paragraph of Article 157.2. 'The Statute and Bases shall be deemed to have been approved if three months have elapsed since the initial approval ...', which shall be read as follows: ' The Statute and Bases shall be read as follows: approved if two months passed since initial approval ... ".

Eight. The sentence 'by the City Council within three months' shall be replaced by the sentence 'by the City Council within two months' of the sentence 'by the City Council'.

Article 4. Amendment of Law 7/1985, of April 2, of Bases of the Local Regime.

One. Paragraph (m) of Article 21.1 is replaced by the following paragraph:

"m) The approvals of the planning instruments for the development of general planning and urban management not expressly attributed to the plenary, as well as that of the Urbanization Projects."

Two. In Article 21.1, paragraph (m) in its previous wording becomes paragraph (n).

Three. The content of paragraph (c) of Article 22.2 is amended, which is worded as follows:

"(c) The initial approval of general planning and approval to terminate the municipal processing of the Plans and other management and management instruments provided for in the planning legislation."

Four. The content of paragraph (i) of Article 47.3 is amended, which is worded as follows:

"i) The initial approval of general planning and approval to end the municipal processing of the plans and instruments of management provided for in the urban legislation."

CHAPTER II

Professional colleges

Article 5. Amendment of Law 2/1974 of 13 February, regulatory of professional colleges.

One. Article 2.1 is amended, which is worded as follows:

" The State and the Autonomous Communities, within the scope of their respective competences, guarantee the exercise of the collegiate professions in accordance with the provisions of the laws.

The exercise of the collegiate professions will be carried out under free competition and will be subject, in terms of the offer of services and the fixing of its remuneration, to the Law on the Defense of Competition and to the Law on Unfair Competition. Other aspects of the professional exercise shall continue to be governed by general and specific legislation on the substantive management of each applicable profession. "

Two. A new paragraph 4 is inserted in Article 2, with the following wording:

" The agreements, decisions and recommendations of the Colleges with economic significance shall observe the limits of Article 1 of Law 16/1989 of 17 July of the Defense of Competition, without prejudice to the fact that the request the singular authorisation provided for in Article 3 of that Law.

They are excepted and, therefore, will not require of the said singular authorization, the conventions that they voluntarily can establish, in representation of their collegiates, the professional Colleges of Doctors, with the representatives of (a) the health-care-free insurance institutions, for the purpose of determining the fees applicable to the provision of certain services. '

Three. Article 3.2 is amended, which is worded as follows:

" It is essential for the exercise of the collegiate professions to be incorporated into the corresponding College. Where a profession is organised by Territorial Colleges, it shall be sufficient to incorporate one of them, which shall be that of the single or principal professional domicile, for the purpose of exercising throughout the territory of the State.

When the Colleges are organized territorially on the basis of the necessary requirement of the duty of residence for the provision of the services, the collegial will enable only to exercise in the territorial field that corresponds. "

Four. A new paragraph 3 is inserted in Article 3, with the following wording:

" When a profession is organized by a different territorial scope, the General Statutes or, where appropriate, the autonomic may establish the obligation of the professionals, who occasionally exercise in a territory different from that of collegiation, of communicating, through the College to which they belong, to the Colleges other than that of their registration, the actions that they will carry out in their demarcations, in order to be subject, with the economic conditions that in each assumption can be established, to the powers of ordination, visa, control deontological and disciplinary authority. "

Five. Article 5 (n), (p) and (q) are amended as follows:

"n) Set fee scales, which will be purely indicative."

" p) Take charge of the collection of professional perceptions, remuneration or fees when the colegate so requests freely and expressly, in cases where the College has the appropriate services and under the conditions to be determined in the Statutes of each College.

q) Visar the professional works of the collegiates, when this is expressly established in the General Statutes. The visa shall not include the fees or other contractual terms and conditions the determination of which is left to the parties ' free agreement. "

Six. Article 6 (3) (j) is amended, which is worded as follows:

" (j) Conditions for the collection of fees through the College, in the case where the collegiate so requests, and the budget or the notary arrangements that the collegiates must present or, where appropriate, require the clients. "

Single additional disposition.

Without prejudice to the entry into force of the Law, the statutory precepts to which the derogating provision is reached shall be repealed within one year of the professional associations having to adapt their Statutes to the amendments introduced by this Law in Law 2/1974 of 13 February of Professional Colleges.

Single transient arrangement. Urbanism and soil.

The procedures already initiated before the entry into force of this Law shall not apply to them as provided for in Articles 1, 3 and 4 of this Law, governed by the above rules.

The land classified as unscheduled in the planning in force or in fulfillment of the entry into force of this Law, will maintain the legal regime provided for in the previous urban regulations. However, Urban Action Programmes may be promoted and implemented directly without the need for a competition, either on the public initiative or on a private initiative, through any of the action systems provided for in the legislation. urbanistics.

Single repeal provision.

Legal rules or administrative provisions that are contrary to the provisions of this Law are repealed.

In particular, in the field of professional colleges, the provisions contained in general or special rules of equal or lower rank that are opposed or incompatible with the provisions of this Law are repealed. including those which set rates, the Statutes, general or private, the rules of the internal system, and other rules of the Colleges. Nevertheless, the rules that, under a law, regulate the tariffs of the Notaries, the Trade Brokers and the Registrars of the Property and the Mercantile are still in force.

The Royal Decree 2512/1977 of 17 June 1977 is also repealed, except in its non-economic aspects, and in particular as regards the following points of the fee rates: 0.14.1 and 0.14.2; from 1.1 to 1.6; 2.0.1; 2.2.1 to 2.2.5; 2.4.1 to 2.4.4; 3.1, first, second, third, fourth and fifth subparagraphs; 3.2, first paragraph; 3.2.2, first and fifth paragraphs; 3.2.3, first paragraph; 3.3.1, first paragraph; 3.3.2; 3.3.3, first paragraph; 3.3.5, first paragraph; 3.3.6, first paragraph; 4.5.1 and 5.0.1.

First disposition first.

Under clauses 1. ª, 8. ª, 13. and 23. of Article 149.1 of the Constitution, the character of the basic legislation of Article 2 of this Law is declared.

Final disposition second.

Under the terms of clauses 1. and 18. of Article 149.1 of the Constitution, Articles 2.1, 2.4, 3.2, 3.3 and 5.n., p) and (q) of Law 2/1974, of 13 February, regulating the Colleges, are of a basic nature. Professionals.

Third end disposition.

This Law shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Therefore,

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

Madrid, April 14, 1997.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ