The final provision of Law 8/1990, of 25 July, on the Reform of the Urban Regime and the Valorations of Soil, authorized the Government to approve, within a year of its publication, a recast of the State provisions in force on land and urban planning, including the regularization, clarification and harmonisation of such provisions.

The objective difficulties which the recasting task has presented are derived from the profound differences existing between the current Law on Soil and Urban Planning, dated 9 April 1976, and the Law 8/1990, in addition to the extent of the legislative delegation entrusted, as well as of the various Royal Decree-laws which have been dictated by reference dates.

These difficulties are due to the innovations that the Constitution has introduced in urban matters, by attributing to the Autonomous Communities powers on land management, urban planning and housing (article 148.1.3), and to impose a land regulation in line with the general interest to prevent speculation (Article 47), to which effect the Community is expected to participate in the capital gains generated by the urban development of the public authorities.

These difficulties justify the fact that the one-year time limit granted for the recasting has been shown to be insufficient.

For this reason, the fifth final provision of Law 31/1991 of 30 December, approving the General Budget of the State for 1992, rehabilitated that authorization to approve the recast text, with the same content, for the first six months of 1992.

According to the above provisions, this Recast Text of the Law on the Soil and Urban Planning Law is produced.

In its virtue, on the proposal of the Minister of Public Works and Transport, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of June 26, 1992,

DISPONGO:

Single item.

The Recast Text of the Law on the Soil and Urban Planning Law, which is inserted below, is approved.

FINAL DISPOSITION

Unica.

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

Given in Madrid to June 26, 1992.

JOHN CARLOS R.

The Minister of Public Works and Transport,

JOSÉ BORRELL FONTELLES

ANNEX

Index

PRELIMINARY TITLE. PURPOSE AND PURPOSES OF THE LAW

Article 1. Object of the Law.

Article 2. Aspects of Urban Activity.

Article 3. Purposes and attributions of urban action.

Article 4. Management of urban planning and private initiative.

TITLE I. LAND OWNERSHIP URBAN REGIME

Chapter I. General provisions

Article 5. The social function of the property.

Article 6. Non-compensation for sorting.

Article 7. Participation in capital gains and equitable sharing.

Article 8. Land use in accordance with spatial and urban planning.

Article 9. Soil classification.

Article 10. Urban land in municipalities with planning.

Article 11. Urbanizable soil.

Article 12. Ground non-urbanizable.

Article 13. Soil classification in municipalities without planning.

Article 14. Solar.

Chapter II. Non-urbanizable and unscheduled land regime not scheduled

Section 1. Unurbanizable Soil Regime

Article 15. Target.

Article 16. Prohibitions and authorizations.

Article 17. Areas of special protection.

Section 2. Unscheduled Unscheduled Soil Regime

Article 18. Unscheduled urbanizable soil.

Chapter III. Urban and urbanizable soil regime

Section 1. First owners ' basic rights and duties

Article 19. Incorporation into the urban and building process.

Article 20. Legal duties for the gradual acquisition of faculties.

Article 21. Legal duties for use, conservation and rehabilitation.

Article 22. Disposal of estates and town planning duties.

Section 2.

Article 23. Urban faculties of the property.

Section 3. Law to be urbanized

Article 24. Acquisition of the right to urbanize.

Article 25. Extinction of the right to urbanize.

Section 4. Law on Urban Development

Article 26. Acquisition of the right to urban development.

Article 27. Urban exploitation susceptible to appropriation.

Article 28. Right to use in systematic actions.

Article 29. Concreteness of urban development.

Article 30. Reduction of the right to urban development in systematic actions.

Article 31. Reduction of urban development in assistance.

Article 32. Exploitation attributable to unmotivated expropriations for non-compliance with urban planning duties.

Section 5. Right to build

Article 33. Acquisition of the right to build.

Article 34. No acquisition of the right to build.

Article 35. Deadlines for building.

Article 36. Effects of the extinction of the right to build.

Section 6. Right to Building

Article 37. Acquisition of the right to construction.

Article 38. Building without a license and incompatible with planning.

Article 39. Building without license compatible with planning.

Article 40. Illegal licensing and expropriation or forced sale.

Article 41. Building with overuse.

Section 7 Administration Inactivity

Article 42. Consequences of the Administration's inactivity in the face of non-compliance.

Section 8. St Advertising

Article 43. Urban consultation.

Article 44. Urban cedula.

Article 45. Urban information and land disposal.

TITLE II. Valuations

Chapter I. General provisions

Article 46. General application of the valuation rules.

Article 47. Time to which the valuations are to be referenced.

Chapter II. Valuation of land

Article 48. Criteria for valuation of land according to the soil class.

Article 49. Initial value.

Article 50. Urban value.

Article 51. Right to urbanize.

Article 52. Right to urbanize extinguished.

Article 53. The right to urban development.

Article 54. Deduction of pending urbanization expenses.

Article 55. Right to build.

Article 56. Right to the building.

Article 57. Specific rules of assessment.

Chapter III. Valuation of land to be obtained by expropriation

Article 58. Rule of thumb.

Article 59. Urban soil.

Article 60. Scheduled urbanizable soil.

Article 61. Land destined for municipal land heritage and other purposes of social interest.

Chapter IV. Valuation of urban land without type of use

Article 62. Urban land with no use.

Chapter V. Valuation of works and other goods and rights

Article 63. Assessment of works, buildings, installations, plantations and leases.

Article 64. Assessment of real rights to buildings.

TITLE III. URBAN PLANNING OF THE TERRITORY

Chapter I. Sort Plan Classes

Section 1. General Provisions

Article 65. Sorting instruments.

Section 2. National Planning Plan

Article 66. Object of the National Plan.

Article 67. Binding.

Section 3. First Coordination Territorial Directors Plans

Article 68. Object and content.

Article 69. Binding.

Section 4. General Planning

Article 70. General Urban Planning Plan.

Article 71. Purpose of the General Plan.

Article 72. General Plan determinations.

Article 73. Complementary and subsidiary rules.

Article 74. Determination of the additional rules.

Article 75. Subsidiary rule classes.

Article 76. Provincial-level subsidiary rules.

Article 77. Subsidiary rules of municipal scope.

Article 78. Municipal subsidiary rules. Determinations.

Article 79. Documents of the accompanying rules.

Article 80. Documents of the subsidiary rules.

Section 5. Urban Soil Delimitation

Article 81. Project for the delimitation of urban land.

Section 6. Development Planning

Article 82. Urban performance programmes.

Article 83. Partial plans: Object and determinations.

Article 84. Special plans. Classes.

Article 85. Special plans for internal reform.

Article 86. Special landscape protection plans.

Article 87. Protection of communication paths.

Article 88. Protection of other spaces.

Article 89. Improvement of the urban or rural environment.

Article 90. Sanitation plans.

Section 7. Other Instruments

Article 91. Detail studies.

Article 92. Urbanization projects.

Article 93. Catalogs.

Chapter II. Areas of distribution and use type

Article 94. Delimitation of delivery areas.

Article 95. Use type.

Article 96. Calculation of the use in urban land.

Article 97. Calculation of the type of use on land-based soil.

Article 98. Other determinations.

Article 99. Application of the use of the type and the transfer of the use.

Article 100. Non-application of type-use.

Chapter III. Preparation and approval of the Plans

Section 1. Second Preparatory Acts

Article 101. Support for the drafting of Plans.

Article 102. Suspension of licensing.

Article 103. Planning advances.

Section 2. Initiative and Planning Collaboration

Article 104. Particular initiative plans.

Article 105. Documents.

Article 106. Processing.

Section 3. Competition and procedure

Article 107. Formulation of the National Plan.

Article 108. Formulation of the Territorial Territorial Coordination Plans.

Article 109. General planning formulation.

Article 110. Set Plan.

Article 111. Formulation of Partial, Special Plans And Urban Performance Programs.

Article 112. Processing of the National Plan.

Article 113. Processing of the Territorial Coordinating Directors ' Plans.

Article 114. Processing of the instruments of general planning and the delimitation of Urban Soil.

Article 115. Processing of Special Plans and Urban Performance Programs.

Article 116. Processing of Special and Partial Plans that develop general planning.

Article 117. Processing of Detail Studies and Urbanization Projects.

Article 118. Competence for final approval.

Article 119. Deadlines for final approval of development planning instruments.

Article 120. Non-application of positive silence.

Article 121. Subrogation of the Autonomous Community.

Article 122. Special processing rule.

Article 123. Processing of Catalogs.

Article 124. Publication.

Section 4. The Vigency and Review of Plans

Article 125. Validity of the Plans.

Article 126. Planning review.

Article 127. Review of the action programme.

Article 128. Modification of Plans.

Article 129. Qualified modification.

Article 130. Suspension of planning.

Chapter IV. Effects of the approval of the plans

Article 131. Execution of the planning.

Article 132. Public Utility Statement.

Article 133. Advertisement of the Plans.

Article 134. Obligation of Plans.

Article 135. Duty of information.

Article 136. Provisional uses and works.

Article 137. Off-order buildings.

Chapter V. Of Direct Application Rules

Article 138. Adaptation to the environment.

Article 139. Heights.

TITLE IV. EXECUTION OF PLANNING

Chapter I. General provisions

Article 140. Planning execution: Equation and legal duties.

Article 141. Competencies.

Article 142. Execution budgets.

Article 143. Exceptions to the performance by execution units.

Article 144. Execution units.

Article 145. Required for the delimitation of execution units.

Article 146. Procedure for delimiting execution units.

Article 147. Commercial companies for execution.

Chapter II. Acting by running units

Section 1. General Provisions

Article 148. Performance systems.

Article 149. Choice of performance system.

Article 150. Lack of execution imputable to the Administration.

Article 151. Execution units with actual overuse.

Article 152. Execution units with actual use less than the susceptible of appropriation.

Article 153. Compensation for certain actions.

Article 154. Fair distribution of benefits and burdens.

Article 155. Urbanization costs.

Article 156. Additional loads in the Urbanistic Take Action Program.

Section 2. th Compensation System

Article 157. The compensation system.

Article 158. Compensation Board.

Article 159. Board of Compensation and Land Transmission.

Article 160. Responsibility of the Board and obligations of its members.

Article 161. Abbreviated procedure.

Section 3. Cooperation System

Article 162. The system of cooperation and repair.

Article 163. Urbanization costs.

Article 164. Repair.

Article 165. Procedure for the repair.

Article 166. Rules for repair.

Article 167. Effects of the approval agreement of the repair.

Article 168. Extinction or transformation of rights and charges.

Article 169. Agreement registration and incompatible charges.

Article 170. Adjudication of land and supplication of the rules of compulsory expropriation.

Section 4. Expropriation System

Article 171. Expropriation as a system of action.

Article 172. Forms of management.

Article 173. Justicpricing.

Article 174. Release of expropriations.

Article 175. Release requirements.

Article 176. Failure of the owner of the goods released.

Section 5. Running the Urban Performance Programs

Article 177. Competitions for the formulation and implementation of Urban Action Programmes.

Article 178. Award.

Article 179. Drafting of the Urban Action Programme.

Article 180. Direct formulation and implementation of the Urban Action Programmes.

Article 181. Direct formulation and contest for execution.

Article 182. Execution of the Urban Performance Programs.

Article 183. Public utility and need for occupancy.

Article 184. Failure to fulfil obligations by the successful tenderer.

Chapter III. Assistance in urban areas

Section 1. Profit Transfers

Article 185. Adjustment of leverage.

Article 186. Deadline for the license request.

Article 187. Embodiments.

Article 188. Plots with profit making zero or less than the patrimonializable.

Article 189. Projects with better use of the heritage.

Article 190. Project that does not exhaust real use.

Article 191. Adjustment in case of minimum height or volume conditions.

Article 192. Coactive enforcement of the transfer.

Article 193. Transfers and location of parcels.

Section 2. The Administration's Mediating Intervention in the Transfer of Use

Article 194. Acquisition of leverage by the Administration.

Article 195. Transfer of leverage.

Article 196. Offers of acquisition or transmission.

Section 3. Registration of Harness Transfers

Article 197. Record of Transfers and Insignable Acts.

Article 198. Registration of Transfers and Land Registry.

Chapter IV. Obtaining endotational land

Article 199. Urban land with type use.

Article 200. Urban land with no use.

Article 201. Scheduled urbanizable soil.

Article 202. Expropriation.

Article 203. Direct occupancy.

Article 204. Compensation for temporary occupation.

Article 205. Compulsory and free disposal of endowments in the unit of execution.

TITLE V. EXPROPRIATIONS AND FORCIBLE SALE REGIME

Chapter I. General provisions

Article 206. Expropriatory assumptions.

Article 207. Expropriations for non-compliance with the social function of the property.

Article 208. Execution of the building in cases of expropriation for failure to build.

Article 209. Expropriable surfaces.

Article 210. Public domain goods and expropriation.

Article 211. Constitution of easements.

Article 212. Prohibition of constructions on land to be expropriated.

Article 213. Modalities for the management of expropriation.

Article 214. Beneficiaries of expropriation.

Article 215. Application of the general legislation on compulsory expropriation.

Chapter II. Justicpricing

Article 216. Determination.

Article 217. Payment of the Justiprice for the award of land.

Chapter III. Procedure

Article 218. Applicability of the joint assessment procedure.

Article 219. Processing of the joint assessment procedure.

Article 220. Approval and effects of the joint assessment procedure.

Article 221. Individual expropriation procedure.

Article 222. Payment of the Justiprice.

Article 223. Occupation and registration in the Register.

Article 224. Load-free acquisition.

Chapter IV. Reversion of expropriated land

Article 225. Reversal assumptions.

Article 226. Reversal in expropriation for non-compliance.

Chapter V. Forcible Sale Regime

Section 1. General Provisions

Article 227. Forced sale for non-compliance with urban planning duties.

Article 228. Ruinous and inadequate buildings.

Article 229. Registration of ruinous and inadequate buildings.

Article 230. Municipalities to which the Registry applies.

Article 231. Public character of the Register of Solares and Terrain without Urbanization.

Section 2. Of The Forcible Sale Procedure

Article 232. Registration of the non-compliance resolution.

Article 233. Award by contest.

Article 234. Desert contest.

Article 235. Registration registration.

Article 236. Failure to meet deadlines by the successful tenderer.

Chapter VI. Compensation assumptions

Article 237. Compensation for alteration of planning.

Article 238. Compensation for alteration of the planning, with the right to build.

Article 239. Compensation for singular links.

Article 240. Licensing and compensation.

Article 241. Residual compensation clause.

TITLE VII. ADMINISTRATIVE INTERVENTION IN BUILDING AND LAND USE AND URBAN DISCIPLINE

Chapter I. Building and Land Use Intervention

Section 1. Licenses

Article 242. Acts subject to licence

Article 243. Competence.

Article 244. Acts promoted by Public Administrations.

Section 2. Conservation Duty, Works and ruin execution orders

Article 245. Duty of conservation.

Article 246. Execution orders for tourist or cultural reasons.

Article 247. Declaration of ruin.

Section 3. Protection of Urban Lawfulness

Article 248. Building works without a license or without adjustment to their ongoing determinations.

Article 249. Completed works without a license or without adjusting to their determinations.

Article 250. Other acts without a license or without adjusting to their determinations.

Article 251. Attachment to other regimes.

Article 252. Subrogation of the Autonomous Communities.

Article 253. Suspension of licences and cessation of works.

Article 254. Review of licenses or execution orders.

Article 255. Means of restoration of urban planning in green areas, non-urbanized soil protected or free spaces.

Article 256. Construction works on undeveloped or unscheduled land without a program of Urban Action.

Section 4. Parcelations

Article 257. Parcelations.

Article 258. Indivisibility of plots.

Article 259. Regime of the parcelations.

Section 5. Urban Inspection

Article 260. Competition on urban planning.

Chapter II. Urban infractions

Section 1. Definition, typing of violations and prescriptions

Article 261. Definition of urban infractions.

Article 262. Classification of urban infractions.

Article 263. Prescription.

Section 2. Responsible People

Article 264. Responsible persons.

Article 265. Liability of legal persons.

Article 266. Compensation for damages.

Article 267. Character independent of the fines.

Article 268. Related infringements.

Section 3. Rule to determine the amount of penalties

Article 269. Legalizable and non-legalizable works.

Article 270. Aggravating and mitigating criteria.

Article 271. Graduation of sanctions.

Article 272. Prohibition of economic benefit.

Section 4. Competition and procedure

Article 273. Sanctioning procedure.

Article 274. Criminal offences or misconduct.

Article 275. Competent bodies.

TITLE VIII. INSTRUMENTS FOR INTERVENTION IN THE SOIL MARKET

Chapter I. Municipal Heritage of Soil

Section 1. Constitution, membership and destination

Article 276. Constitution. Separate assets.

Article 277. Member Goods.

Article 278. Land reserves. Expropriation.

Article 279. Special rule of incorporation into the reserved land planning process.

Article 280. Target.

Article 281. Consignment of quantities in the budgets for town planning.

Section 2. Cefunes

Article 282. Direct management or disposal.

Article 283. Information and autonomic protection.

Article 284. Onerous disposals. Contest.

Article 285. Transfers between Administrations.

Article 286. Disposals free of charge.

Chapter II. Surface right

Article 287. Surface right.

Article 288. Procedure.

Article 289. Extinction.

Article 290. Benefits.

Chapter III. Tanteo and retract rights

Section 1. Area Delimitation

Article 291. Delimitation of areas.

Article 292. Delimitation procedure.

Section 2. First Procedure and Effects

Article 293. Transmission notification.

Article 294. Exercise of the retract.

Article 295. Notification expiration.

Article 296. No registration registration.

Section 3. Third Transmissions of Housing Subject to Public Protection

Article 297. Delimitation of areas.

Article 298. Award of housing.

TITLE IX. LEGAL REGIME

Chapter I. Petitions, Acts and Agreements

Article 299. Requests.

Article 300. Administration sued in surrogacy.

Article 301. Enforced execution and award path.

Article 302. Ex officio review.

Chapter II. Actions and resources

Article 303. Jurisdiction of litigation jurisdiction.

Article 304. Public action.

Article 305. Action before ordinary courts.

Article 306. Litigation-administrative resource.

Chapter III. Property Registration

Article 307. Inscribable acts.

Article 308. Administrative certification.

Article 309. Class of seats.

Article 310. Repair and compensation.

Additional disposition first. Law enforcement specialties.

Additional provision second. Calculation of average utilization.

Additional provision third. Special Rules for Entities and Public Societies.

Additional provision fourth. Rehousing and return.

Additional provision fifth. Financing of actions.

Additional provision sixth. Financing of the Municipal Heritage of Soil.

Additional provision seventh. Central Committee of the Territory and Urbanism.

Additional disposition octave. Tax regimes.

First transient disposition. Urban planning and valuations.

Second transient disposition. Equivalence deadlines for the performance of duties.

Transitional provision third. Time-limits for the discharge of duties.

Transitional disposition fourth. Use type and licenses.

Transient disposition fifth. Existing buildings.

Transitional disposition sixth. Adaptation of general planning.

Transitional disposition seventh. Enforcement of the General Plan.

Transient disposition octave. Urban soil in unadapted plans.

Single repeal provision. Single final disposition.

PRELIMINARY TITLE

Object and Purposes of the Law

Article 1. Object of the Law.

This Law aims to establish the urban land property regime and regulate the administrative activity in the area of urban planning with the full, basic or supplementary character that, for each article, is determines expressly.

Article 2. Aspects of Urban Activity.

Urban activity will refer to the following aspects:

a) Urban planning.

b) Execution of the planning.

c) Intervention of the exercise of the Sunday faculties concerning the use of soil and building.

d) Intervention in soil market regulation.

Article 3. Purposes and attributions of urban action.

1. The urban development action on the soil regime will address, among others, the following purposes:

(a) Seek to ensure that the soil is used in accordance with the public utility and the social function of the property, ensuring compliance with the obligations and burdens arising therefrom.

b) Prevent the unequal attribution of the benefits and burdens of planning among the affected owners and impose the fair distribution of the same.

c) Ensure the participation of the community in the capital gains generated by the urban development of public entities.

2. Urban planning concerning planning shall comprise the following powers:

a) Formulate the plans and instruments of spatial and urban planning provided for in the legislation.

b) Employ the production and residence centres in the appropriate way for the best distribution of the population.

c) Split the municipal territory in areas of urban land, urbanizable, or in its case suitable for urbanisation, and not urbanizable, or equivalent classes established by the autonomic legislation.

d) Establish different zones of use according to the density of the population to be inhabited, percentage of land that can be occupied by buildings, volume, shape, number of plants, class and destination of buildings, subject to uniform general ordinations for each species of the same throughout the area.

e) Formulate the layout of public roads and media.

f) Establish free spaces for parks and public gardens in proportion to the collective needs.

g) Point out the location and characteristics of public and social interest centres and services, teaching centres, airports and similar sites.

(h) Qualify land for housing construction subject to any public protection regime.

i) Determine the configuration and dimensions of buildable plots.

j) Limit the use of soil and subsoil and buildings.

k) Orientate the architectural composition of the buildings and regulate, in cases where necessary, their aesthetic characteristics.

3. Urban competition as regards the execution of the planning confers the following powers:

a) Encauzing, directing, performing, granting, and supervising the execution of urbanization works.

b) Expropriate the land and buildings necessary to carry out the works and how many convince the economy of the projected urbanization.

4. Urban competition in order to intervene in the exercise of the Sunday faculties, relating to the use of soil and building, will comprise the following faculties:

a) Intervening the parcelation.

b) Intervening the construction and use of the farms.

c) Prohibit uses that do not conform to urban planning.

d) Facilitate owners to comply with the obligations imposed by this Law.

5. Urban competition as regards intervention in the regulation of the soil market confers the following powers:

a) To regulate the land market as a guarantee of the subordination of the land to the intended purposes of the planning.

b) Ceder buildable land and surface rights on them.

c) Constituency and manage public land assets.

d) Exercise the rights of the anteo and retract in the terms established in the applicable legislation.

6. The above powers shall be of a non-limiting, but not limited, character, and urban competition shall comprise any other jurisdiction in accordance with this Law to be exercised in accordance with this Law and any other applicable.

Article 4. Management of urban planning and private initiative.

1. The management and control of urban management is, in any case, the responsibility of the competent urban administration.

2. Such management may be directly assumed by the latter, or be entrusted to the private initiative or to mixed entities.

3. Where the best fulfilment of the objectives and objectives of the urban planning so advises, the private initiative shall be subtracted to the widest possible extent, through the systems of action, or, where appropriate, by concession.

4. In the formulation, processing and management of urban planning, competent urban administrations must ensure the participation of stakeholders, and in particular the rights of initiative and information by the entities representing the interests that are affected and the interests of individuals.

TITLE I

Land ownership of land ownership

CHAPTER I

General provisions

Article 5. The social function of the property.

The social function of the property delimits the content of the urban faculties that are capable of acquiring and conditions their exercise.

Article 6. Non-compensation for sorting.

The management of land use and construction does not confer indemnification rights, except in the cases that the Law defines.

Article 7. Participation in capital gains and equitable sharing.

The participation of the community in the capital gains generated by the urban action of the public authorities and the distribution among those affected by the same of the benefits and burdens derived from the urban planning, will produce in the terms set by the Laws.

Article 8. Land use in accordance with spatial and urban planning.

The use of land and, in particular, its urbanization and construction, must be produced in the form and with the limitations established by the legislation of spatial and urban planning and, by reference, the planning, in accordance with the classification and urban classification of the premises.

Article 9. Soil classification.

1. The planning will classify the territory in all or some of the following classes: Urban, urbanizable and non-urbanizable, or in its case suitable for urbanizing, or, classes equivalent to the effects of this Law, regulated by the legislation autonomic.

2. Land intended for general systems may not be subject to a specific classification of soil, without prejudice to the fact that the newly created areas of planning are assigned to the different soil classes for the purposes of their assessment and get.

Article 10. Urban land in municipalities with planning.

They will constitute urban soil:

(a) The land to which the general planning includes in that class for having access, water supply, evacuation of water and supply of electric power, having these services characteristics adequate to serve the building that exists or has to be built on them. Land which has its consolidated management shall also be considered as urban areas, for the construction of at least two thirds of the spaces suitable for the building according to the planning laid down by the general planning.

(b) Those implementing the planning shall actually have the same urbanisation elements as referred to in the previous paragraph.

Article 11. Urbanizable soil.

1. Land for which the Municipal General Plan declares adequate, in principle, to be urbanized shall constitute the land.

2. Within the urbanizable soil the Plan shall establish all or any of the following categories:

(a) Scheduled Soil, consisting of the one whose partial planning is to be approved within the time frame of the plan of the plan itself.

b) Unscheduled soil, integrated by the one that can only be the object of urbanization through the approval of urban planning programs.

3. Soil classified as eligible to be urbanised by subsidiary planning standards shall be equipped with scheduled land-based land except for the purposes of the need for programming and the use of the soil.

4. In any case, for the purposes of soil assessment, expropriatory assumptions and obtaining land, the soil suitable for urbanisation is equipped with the programmed land.

Article 12. Ground non-urbanizable.

Non-urbanizable land shall be the land that general planning does not include in any of the above soil classes and, in particular, the spaces that such planning determines to grant them a special protection, due to its exceptional agricultural, forestry or livestock value, the possibilities of exploitation of its natural resources, its landscape, historical or cultural values, or for the defence of fauna, flora or balance ecological.

Article 13. Soil classification in municipalities without planning.

1. In municipalities which have no general planning, the territory shall be classified in urban land and non-urban land.

2. The urban land will be the land for access to the land, water supply, water evacuation and electricity supply or to be included in areas consolidated by the building at least in the middle of the area not occupied by existing vials or free spaces, are included in the Urban Soil Delitation Project.

3. The remaining spaces of the municipal term shall be non-urbanizable.

Article 14. Solar.

For the purposes of this Law, we shall have the consideration of solar surfaces of urban soil suitable for building that meet the following requirements:

1. If they are urbanised in accordance with the minimum standards laid down in each case by planning, and if this does not exist or do not exist, it shall be specified that in addition to the services referred to in Articles 10 and 13.2, the Front plot has paved the driveway and lit up sidewalks.

2. Having marked alignment and scraping if such planning existed.

CHAPTER II

Unurbanizable and Unscheduled Land Regime Unscheduled

Section 1. Unurbanizable Soil Regime

Article 15. Target.

Land classified as non-urbanized land, or equivalent denomination attributed by the autonomous legislation, may not be used for purposes other than agricultural, forestry, livestock, hunting, and, in general, linked to the rational use of natural resources, in accordance with the provisions of the urban and sectoral legislation governing them, without prejudice to the provisions of the following Article.

Article 16. Prohibitions and authorizations.

1. In the case of transfers of property, divisions and segregations of land in this kind of land, no fractionations may be made against the provisions of the agricultural legislation, or otherwise applicable, for the attainment of their corresponding purposes.

2. In the undeveloped land, the urban areas will be prohibited and their preservation of the urban development process must be guaranteed, without prejudice to what the applicable law establishes on the settlement system or rural cores in this soil class.

3. In addition to the limitations that apply under other rules, the following rules shall be observed:

1. No other constructions may be carried out than those for agricultural holdings which are related to the nature, extent and use of the farm and are in accordance with the plans or standards of the organs. competent in the field of agriculture, as well as buildings and facilities linked to the execution, entertainment and service of public works. The aforementioned buildings and facilities may be authorized by the Councils.

2. It may be authorised by the competent regional authority for buildings and facilities of public utility or social interest to be located in the rural environment, as well as isolated buildings for family housing, in places where there is no possibility of forming a population core, according to the following procedure:

a) Petition to the City Council, with justification in its case of public utility or social interest.

b) Report of the City Council which, together with the documentation submitted, shall be submitted to the competent regional body by the latter.

c) Public information for a fortnight, at least.

d) Final resolution of the autonomic body.

The indicated authorization is without prejudice to the need to obtain a municipal license.

4. To authorize and enroll in the Register of the deeds of the deeds of the new work declaration, the provisions of Article 37.2 shall be made.

Article 17. Areas of special protection.

Territorial and urban planning may delimit areas of special protection in which any use that involves transformation of its destination or nature will be prohibited, injures the specific value that is wants to protect or infringe the specific limiting regime established by that particular regime.

Section 2. Unscheduled Unscheduled Soil Regime

Article 18. Unscheduled urbanizable soil.

1. As long as urban development programmes, or the equivalent instrument determined by the applicable legislation, are not adopted, land classified as unscheduled land-based land will be subject to the restrictions laid down for the land not urbanizable. In addition, the incompatibilities of uses identified in the planning must be respected, not making it difficult to ensure that the objectives of such planning are achieved.

2. Approved an urban planning action programme shall be subject to the limitations, obligations and burdens laid down in it, in its approval agreement, and on the basis of the corresponding contest for its implementation, which may not be lower than those fixed for scheduled urbanizable soil.

CHAPTER III

Urban and Urban Soil Regime

Section 2. First owners ' basic rights and duties

Article 19. Incorporation into the urban and building process.

The approval of the precise planning according to the type of soil in question, determines the duty of the affected owners to join the urbanizing process and the building, under the conditions and deadlines foreseen in the applicable planning or planning legislation, as set out in this Act.

Article 20. Legal duties for the gradual acquisition of faculties.

1. The execution of the planning shall ensure the equitable distribution of the benefits and burdens among those affected and shall entail the following legal duties:

a) Ceder land for public endowments.

b) Ceder the land in which the use corresponding to the Ayaldones is located, to exceed the susceptible of private appropriation or, if necessary, to acquire such use for its urban value in the form that establish the applicable urban legislation.

c) Cost and, where appropriate, execute the urbanization within the time limits.

d) To apply for the license and construction, prior to the fulfillment of the corresponding urban duties, within the prescribed time limits.

e) Edify the solar within the time limit set in the required license.

2. The fulfilment of these duties determines the gradual acquisition of the urban faculties that are defined and regulated in the following section.

Article 21. Legal duties for use, conservation and rehabilitation.

1. The owners of all kinds of land and buildings must effectively allocate them to the use in each case established by the urban planning and to maintain them in conditions of safety, health and public ornato. 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 the Administration in the terms laid down by the applicable legislation.

Article 22. Disposal of estates and town planning duties.

The disposal of farms will not change the situation of its owner in order to the limitations and duties instituted by the applicable urban legislation or taxes, by virtue of the same, by the acts of execution of its precepts. The acquirer shall be subrogated to the place and place of the former owner in the rights and duties connected with the process of urbanization and construction, as well as in the commitments which, as a result of this process, have contracted with the Competent urban management.

Section 2.

Article 23. Urban faculties of the property.

1. The urban content of the real estate property is integrated by the successive acquisition of the following rights:

(a) To be urbanized, the ability to provide a field of the services and infrastructures fixed in the planning or, in its defect, in the urban legislation, so that it acquires the condition of solar.

(b) Urban exploitation, consisting of the effective attribution to the owner affected by an urban performance of the uses and intensities susceptible to private appropriation, or its economic equivalent, in the terms fixed by this Law.

c) To build, consisting of the ability to materialize the corresponding urban development.

d) To the building, consisting of the ability to incorporate the building executed and concluded with the property of the urban license granted, provided that it is in conformity with the urban planning applicable.

2. In no case shall administrative silence be understood to be acquired by administrative authorities against the provisions of this Law or applicable urban planning legislation or planning.

Section 3. Law to be urbanized

Article 24. Acquisition of the right to urbanize.

1. The acquisition of the right to urbanize requires the approval of precise planning in each soil class.

2. The planning instrument referred to in the preceding paragraph shall be:

a) On urban land: General Plan or subsidiary rules and, where appropriate, Special Plan for Internal Reform.

b) On scheduled land planning: General Plan and Partial Plan.

c) On unscheduled urban land: General Plan, Urban Action Programme and Partial Plan.

d) On land suitable for urbanisation: Subsidiary rules and Partial Plan.

3. The right expressed is only acquired with the definitive approval of the most specific ordering instrument.

4. The exercise of the right to urbanize requires approval, when it is established by legislation or urban planning, detailed study, urbanization project, or other intended and regulated instrument.

Article 25. Extinction of the right to urbanize.

1. The right to urbanize the land included in a unit of execution by a private management system will be extinguished if the effective urbanization of the same and the fulfillment of the duties of cession and balance will not be realized in the deadlines (a) to the effect, without prejudice to what, in the absence of applicable urban legislation, provides for Article 149.4.

2. The decision declaring such non-compliance shall be given after the person concerned has been heard.

Section 4. Law on Urban Development

Article 26. Acquisition of the right to urban development.

The right to urban exploitation is acquired by the fulfillment of the duties of cession, balance and urbanization within the deadlines set by the planning or the applicable urban legislation, and must be accredited. the owners the fulfillment of the expressed duties.

Article 27. Urban exploitation susceptible to appropriation.

1. The use of land which may be appropriated by the owner of a land shall be the result of referring to its area 85 per 100 of the type of use of the distribution area in which it is located, calculated in the form indicated by Articles 96 and 97.

2. The use of property by the set of owners included in an execution unit shall be the result of referring to its area 85 per 100 of the type of use of the distribution area in which it is located.

3. The mismatches between the overtakes referred to in the preceding number and those resulting from the direct application of the planning determinations shall be resolved in the manner set out in Articles 151 and 152 of this Law.

4. In the urban area where the provisions on areas of distribution and use are not applied, the use which may be appropriated shall be at least 85 per 100 of the resulting medium use in the respective unit of execution. or, in case of not being included in any of these units, of the permitted by the planning.

Article 28. Right to use in systematic actions.

1. The right to urban development is acquired, in the case of the execution of a unit by a private management system, in the form specified in Article 26.

2. In the absence of an estimate of the time limits for the urban planning period, the time limit shall be four years from the approval of such planning, on urban land, and from the delimitation of the corresponding execution unit, on the ground urbanizable.

3. Accredited by the owners, the performance of the duties referred to in Article 26 shall be issued by the Acting Administration at the request of the owners. For the course of three months without express resolution, this certification shall be understood.

4. For the sole purpose of the above number, in the event that the Administration does not resolve the receipt of the urbanisation works within the time limit laid down in the municipal planning or ordinance, or, failing that, in the case of three months, the formal offer of transfer of the same shall be sufficient.

5. Where the execution of the unit is to be carried out by the cooperation system or other equivalent the owners shall acquire the right to the corresponding urban development, by the fulfilment of the duties and burdens inherent in the system.

Article 29. Concreteness of urban development.

1. The right to urban development will be realized:

(a) In the case of land included in an execution unit, under one of the following modalities to be established in the corresponding redistributive benefits and load processes:

1. The awarding of parcels suitable for construction, with the economic compensations that due to differences of award come.

2. Substitute Economic Compensation.

b) On urban land, when not acting by means of execution units:

1. On the plot itself, if it is not affected by public use, the mismatches between the actual uses allowed by the planning and the susceptible of acquisition by its owner in the form foreseen in the applicable urban legislation.

2. On other lucrative parcels included in the same distribution area, in the case of being affected by public use, that of the holder of the use, in the form provided for in the applicable urban legislation.

2. In the cases referred to in paragraph (b) of the preceding number, in the absence of such legislation, the mismatches shall be resolved in the manner provided for in Articles 151.2, 187 to 191 and 194 to 196.

Article 30. Reduction of the right to urban development in systematic actions.

1. The right to land use shall be reduced by 50 per 100 if the building licence is not sought within the time limit laid down in the applicable planning or urban legislation. In the case of unscheduled land-based land, if the programme is formulated as a result of the competition, the time limits laid down by the competition shall be governed.

2. In default of express forecast in urban planning the term will be one year since its acquisition.

3. The municipal or regional administrative decision declaring the non-compliance referred to in No 1 shall be given prior to the hearing of the person concerned. The City Council shall decide on the expropriation or subjection to the forced sale regime of the corresponding land, the value of which will be determined, in any case, according to the marked reduction of the urban development.

4. The forced sale referred to in the previous paragraph shall be used by means of the procedure governed by the applicable urban legislation or, failing that, through the Register of Solares and Terrain without Urbanization, as provided for in the Articles 227 and following.

5. The provisions of the above paragraphs shall apply to the unedifices of the sun and shall also be for land where there are ruinous buildings in the cases and with the requirements and time limits laid down by the legislation and urban planning.

Article 31. Reduction of urban development in assistance.

1. In urban land, in the case of land not included in an execution unit, the right to urban development shall be understood as being acquired by the approval of the precise planning in each case.

2. This use will be reduced by 50 per 100 if no municipal building license is requested within the time limit set in the applicable planning or urban legislation, prior to conversion of the plot to the site or guaranteeing the execution Simultaneous urbanization and construction. In these cases it will be applicable to the number 3 of the previous article.

3. In the absence of an express forecast in accordance with the above number, the time limit shall be two years from the date of final approval of the precise planning in each case.

Article 32. Exploitation attributable to unmotivated expropriations for non-compliance with urban planning duties.

1. By way of derogation from Article 27, the use attributable to land intended for general systems attached to, or in urban land, not included in areas of distribution, to be obtained by expropriation, shall be the result of its area 75 per 100 of the type-use, calculated in the manner governed by Article 59.

2. The use attributable to urban land included in a unit of execution to be developed by the system of expropriation or affection to local public resources, not included in any of them, which is also obtained by expropriation, will be the result of referring to its surface 75 per 100 of the respective type of the respective distribution area.

3. The use attributable to the scheduled land used for general systems to be obtained by expropriation and the one included in a unit of execution to be developed by the system of expropriation will be the result of referring to the area 50 per 100 of the type of use of the respective distribution area.

Section 5. Right to build

Article 33. Acquisition of the right to build.

1. The granting of the license shall determine the acquisition of the right to be built, provided that the project submitted is in accordance with the applicable urban planning.

2. When the license permits the simultaneous urbanization and construction, the definitive acquisition of the rights to the urban exploitation and to build, will be subordinated to the fulfillment of the duty to urbanize.

Article 34. No acquisition of the right to build.

The lack of acquisition of the right to build for cause attributable to the owner of the land will determine its expropriation or forced sale, with application of the reduction of the use indicated in Articles 30.1 and 31.1, respectively.

Article 35. Deadlines for building.

1. The act of granting the licence shall set the time limits for the initiation, maximum interruption and termination of the works, in accordance with the applicable rules.

2. The right to build is extinguished by failure to comply with the time limits laid down, by means of a formal declaration, in the case of the person concerned.

Article 36. Effects of the extinction of the right to build.

1. If the right to build is extinguished, the person concerned may not initiate or resume any activity under the expired license, except, subject to authorization or order from the Administration, the works strictly necessary to ensure the safety of the the persons and property, and the value of the building already done.

2. The administration will expropriate the corresponding land with the works already executed or will agree to its forced sale, valuing those according to the 50 per 100 of the urban development for which the license was obtained and these for its cost of execution.

Section 6. Right to Building

Article 37. Acquisition of the right to construction.

1. The right to the building is acquired by the completion of the works under the cover of an unexpired license and according to the urban planning.

2. The Notaries and Registrar of the Property shall require to authorize or to register, respectively, writings of the new declaration of finished work, that the granting of the preceptive building license and the expedition by technician is credited competent for the certification of completion of the work in accordance with the approved project. In order to authorize and register the new work declaration under construction, the building license shall be accompanied by a certificate issued by a competent technician, certifying that the description of the new work is in line with the project for the one who 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 expressed certifications must be shown in the corresponding scriptures.

Article 38. Building without a license and incompatible with planning.

1. The construction carried out without a license or without adjusting to its conditions and incompatible with the current planning will be demolished without compensation, after the instruction of the mandatory file as established in the urban legislation applicable.

2. If the time limits laid down in Articles 30 and 31 have not yet elapsed, the person concerned may apply for a project licence in accordance with that planning or to adjust the works to that already granted.

3. Where, after the period of acquisition of the right to be built has elapsed or the right to land use has not been acquired at the time of completion of the building, the expropriation of the land or its forced sale, shall be assessed. according to the degree of acquisition of urban faculties at that time, with the maximum limit of 50 per 100 of the urban development.

Article 39. Building without license compatible with planning.

Building without a license or without adjusting to its conditions but compatible with planning may be subject to legalization by application of the corresponding license within the time limit set by the legislation In the case of an urban development plan, it is necessary to provide the necessary information to the public at the time of the application. If only for the acquisition of the aforementioned right the realization of urbanization, legalization will also require the fulfillment of this duty.

Article 40. Illegal licensing and expropriation or forced sale.

1. Construction carried out under a licence subsequently declared illegal in breach of the applicable urban planning is not incorporated in the land owner's estate.

The administrative or judicial resolution containing such a declaration shall be notified to the Registry of the Property for its due record.

2. The value of the land, for all purposes, shall be that corresponding to the degree of acquisition of urban faculties when the licence was applied for.

3. In the event that the owner did not acquire the right to land use when he applied for the cancelled licence, the land or its forced sale will be expropriated. If you have acquired that right, you must apply for a new license.

4. The time limit for applying for such a licence shall be one year from the requirement for the application to be made to the person concerned.

Article 41. Building with overuse.

1. If the materialised building and covered by the licence were in accordance with the town planning, but exceeded that corresponding to the urban development to which its holder is entitled and has not elapsed since its completion, the the time limit laid down by the applicable legislation or, failing that, that of four years, the holder or his successors in title shall pay the Administration the urban value of such excess.

2. Only third parties of good faith covered by the registration protection shall be excluded from the obligation laid down in the preceding number, without prejudice to the fact that, in such cases, the Administration may claim payment from the initial owner of the building or other people that have happened to you.

Section 7 Administration Inactivity

Article 42. Consequences of the Administration's inactivity in the face of non-compliance.

1. In cases of non-compliance with urban planning duties, if the respective Councils do not exercise the powers of expropriation or the imposition of the forced sale scheme of the relevant land within one year from the time of the Such non-compliance, the Autonomous Communities, after communication to the respective City Council, may be subrogated in the exercise of the expropriation power, and the land expropriated for the purposes provided for in Article 280.1 shall be used.

2. The time limit for taking the measures provided for in the preceding number shall be four years, from the date on which the non-compliance with the urban planning duties occurred.

3. As long as the owners concerned are not notified of the initiation of the declarative file of the non-compliance with urban duties, they will be able to initiate or continue the process of urbanization and construction and acquire the urban faculties. (a) to ensure compliance with the respective duties, with the particularity that the use of the appropriation may be reduced by 50 per 100, if that right had not been acquired at the time of the notification of the failure.

4. Such a reduction may be made effective by requiring the payment of the value of the corresponding use in the licensing procedure, or in the form and within the time limit set out in the previous article.

5. Four months after the notification of the opening of the declaration of non-compliance without any express resolution, the notification shall be without effect.

Section 8

Article 43. Urban consultation.

1. Every administration shall have the right to be informed in writing by the City Council of the urban planning applicable to an estate, execution unit or sector.

2. Such information shall be provided within one month and shall express, where appropriate, the rate of use applicable to the area of distribution in which it is located and the degree of acquisition of urban faculties at the time of the provision of the information.

3. The Councils shall forward to the Registry of the Property corresponding copies of the certification certificates of the performance of the urban planning duties referred to in Article 28, in order to take a marginal note in the inscriptions of the Respective farms.

Article 44. Urban cedula.

1. The municipalities may create in the corresponding ordinance an accrediting document of the ends mentioned in the previous article and other urban circumstances that will be present on the farms included in the municipal term.

2. This document will be referred to as "land or building town planning", depending on the nature of the farm to which it relates, and the Councils may demand it for the land, building and any use of the premises.

Article 45. Urban information and land disposal.

1. Where land which is not susceptible to construction according to planning, or out of order buildings and industries, must expressly state these situations in the relevant title of disposal.

2. The date of approval of the relevant planning and the clauses relating to the layout of the parcels and commitments to the parcels shall be recorded in the case of land for special initiative housing. acquirers.

3. In the case of the disposal of land in the process of urbanisation, the commitments which the owner has undertaken in order to be fulfilled must be entered and the fulfilment of which is pending.

4. Infringement of any of the foregoing provisions shall entitle the acquirer to terminate the contract within one year from the date of its award, and shall require compensation for the damage caused to him or her. irrogated.

5. Advertising relating to particular initiative developments shall express the date of approval of the relevant planning and shall not contain any indication in dispute with its clauses.

TITLE II

Valuations

CHAPTER I

General provisions

Article 46. General application of the valuation rules.

1. Soil assessments shall be carried out in accordance with the criteria laid down in this Law.

2. These criteria shall govern whatever the purpose of the expropriation and the legislation, urban or other, which legitimizes it.

Article 47. 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) When the valuation is necessary for the purposes of determining the compensation for change of planning in the assumptions provided for in the sixth title of this Law, at the time of publication of the final approval of the new planning.

CHAPTER II

Land assessment

Article 48. Criteria for valuation of land according to the soil class.

1. Undeveloped land and unscheduled urbanizable that does not have an Urban Action Programme shall be assessed according to the initial value.

2. The planned land-based land that does not have the necessary development planning, according to the applicable urban legislation, will be assessed by adding to the initial value of the land 25 per 100 of the estimated cost of its future urbanisation the rules of the relevant plan or, failing that, the cost of the conversion of the land to the site.

3. The urban land whose detailed planning is not contained in the general planning in force at the time of the assessment shall be assessed in accordance with the previous planning, unless the value thus obtained exceeds the value of 50 per 100. the development of the urban development susceptible of ownership by its owner in accordance with the new planning, in which case the value of the said percentage shall be applied.

4. The assessment of the urban and urban land areas in respect of which their urban planning has been completed shall be carried out in accordance with their urban value.

Article 49. Initial value.

The initial value will be determined by applying the criteria contained in the provisions governing land-based land assessments of a rustic nature, without regard to their possible urban use, except for set to the previous item number 2.

Article 50. Urban value.

1. The urban value shall be determined on the basis of the set of rights or powers of this character which, at the time of the assessment, would have been acquired.

2. In any case, the initial urban value shall prevail, calculating as set out in the previous article, if it is higher.

Article 51. Right to urbanize.

1. On scheduled land, the right to urbanize adds to the initial value of the land 50 per 100 of the estimated cost of its urbanization.

2. The value of the urban land once acquired the right to urbanize, will be the one corresponding to the 50 per 100 of the urban exploitation susceptible of appropriation.

3. The land whose owner is acquired the right to urbanise shall be assessed by adding to the urban value corresponding to this stage the amount of the expenditure already incurred for the implementation of the planning, provided that they are duly justified.

Article 52. Right to urbanize extinguished.

Extinguished the right to urbanize for non-compliance with urban duties, the assessment of the affected areas will be as follows:

a) Scheduled urbanizable soil: initial value.

(b) Urban soil: 50 per 100 of the urban development susceptible of appropriation or the result of the previous planning, if it is less than that.

Article 53. The right to urban development.

1. Once the right to urban development has been acquired, the urban value of a land will be determined by application to this use of the basic value of the impact on the polygon, corrected according to its specific situation within the same.

2. To this end, the tax administration shall fix for each fiscal polygon the expressed basic value corresponding to the characteristic building use and typology resulting from the urban planning, whatever the intensity of the use. This basic value of impact shall be that collected in the presentations of cadastral values.

3. The weighting of the situation and characteristics of each plot within the respective polygon shall be determined in the manner defined by the regulations on the fixing of cadastral values.

4. In the case of non-existence or loss of validity of the securities referred to in the preceding numbers, or of inapplicability thereof, by modification of the urban conditions taken into account at the time of their fixation, the the soil impact values obtained by the residual method, as provided for in the technical regulation of the cadastral assessment.

Article 54. Deduction of pending urbanization expenses.

In the case of the alleged regulation in Article 26.2 and, in general, the valuation of urban land use will be deducted the cost of the precise and unexecuted urbanization, according to the norms of this character contained in the planning or, failing that, the costs necessary for the relevant terrain to reach the solar condition.

Article 55. Right to build.

The land whose owner has the right to build will be assessed by adding to the urban value of the use authorized by the license, 25 per 100 of the cost of execution of the project for which the and all the expenses that are justified by the planned or initiated construction.

Article 56. Right to the building.

1. The valuation of the land, the holder of which has acquired the right to the building, will differentiate the value of the land and the value of the building.

2. The value of the soil at the moment of completion of the building shall be that corresponding to the urban development that would have actually materialized on it, without any addition or deduction.

3. The value of the building shall be determined according to its cost of replacement, corrected for attention to seniority, conservation status and conformity or not with the order in force.

Article 57. Specific rules of assessment.

The valuation rules contained in this Chapter shall be without prejudice to the application of the specific provisions contained in Articles 30.1 and 3; 31.1; 34; 36.2; 38.3 and 40.2 of this Law.

CHAPTER III

Land valuation to be obtained by expropriation

Article 58. Rule General.

The valuation of land intended for general systems, or local allocations in urban land, to be obtained by expropriation and land included in units of execution for which the Expropriation system shall be determined in accordance with the rules laid down in this Chapter.

Article 59. Urban soil.

1. The assessment of land intended for general systems attached to, or on urban land, or land classified as urban land in the remainder of the assumptions provided for in the previous Article, shall be the result of referring to the area of land. 75 per 100 of the type utilization of the delivery area where they are attached, or located, respectively.

2. In the case of land destined for general systems not included in areas of distribution, the attributable use will be the result of referring to the surface of those 75 per 100 of the type of use defined by the General Plan, in the a form to be determined by applicable urban legislation, based on the actual determinations of the Plan itself.

3. In the absence of such legislation, the following rules apply:

(a) If only one partition area has been delimited, the percentage shall be applied to the use of that area.

b) If several areas have been identified, the percentage expressed will be applied to the average of the type of use of the areas with the predominant use and residential typology in all the urban land, duly weighted on the basis of their respective area, always referred to in that residential use.

Article 60. Scheduled urbanizable soil.

The valuation, for expropriation purposes, of land intended for general systems attached to, or on scheduled land, and those included in implementing units that would have to be developed by the system of Expropriation, in such a soil class, will be the result of referring to its surface 50 per 100 of the respective type of the respective area.

Article 61. Land destined for municipal land heritage and other purposes of social interest.

The land that is the subject of expropriation for the constitution and extension of the Municipal Heritage of the soil and other public land assets, or for the construction of public protection housing or other uses of land social interest, shall be assessed by application of 75 or 50 per 100 of the type of use of the corresponding allocation area, in the case of urban land or scheduled land area, respectively.

CHAPTER IV

Urban soil assessment without type of use

Article 62. Urban land with no use.

1. In the municipalities where the provisions of this Law on the delimitation of the areas of distribution and calculation of the use for urban land are not to apply, the urban development that will serve as a basis for its assessment will be determined in accordance with the provisions of Article 27.4.

In the absence of planning or when the planning does not attribute any profit to the land not included in the unit of execution, the use to take into account, to the sole effects of its valuation, will be of one square meter constructed for each metre of soil, referred to the predominant use in the tax polygon in which it is included.

2. The percentages provided for in Articles 30, 31, 32, 36, 38, 59.1 and 61 of this Law shall be applied to those taking advantage of them.

CHAPTER V

Assessment of works and other goods and rights

Article 63. Assessment of works, buildings, installations, plantations and leases.

1. The plantations, works, buildings and facilities that exist on the soil will be valued independently according to the criteria of the Law of Compulsory Expropriation and the provisions of Article 56.3 of this Law, and will increase with their the total value of the building, unless, due to its permanent improvement, it has been taken into account in determining the value of the land.

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

Article 64. Assessment of real rights to buildings.

1. The valuation of the real estate rights, for the purposes of its constitution, modification or extinction, shall be made in accordance with the provisions on expropriation that specifically determine the justicprice of the property; subsidiary, in accordance with the rules of the Administrative or Civil Law governing the institution and, failing that, by those established for the Tax of Proprietary Transmissions and Documented Legal Acts.

2. When expropriating a property taxed with charges, the Corporation or body that will make it will be able to choose between justipreciar each of the rights that concurs with the domain, to distribute it among the holders of each one of them, or to value the property as a whole and to record its amount held by the Court, so that it establishes and distributes, by the processing of the incidents, the proportion corresponding to the respective persons concerned.

TITLE III

Territory Planning Planning

CHAPTER I

Sort Plans Classes

Section 1. General Provisions

Article 65. Sorting instruments.

1. The national territory may be ordered for the exercise of State competence in the terms of Article 66.

2. The territorial coordination plans or instruments for the management of the territory laid down by the autonomous legislation affecting all or part of the territory of an Autonomous Community shall have as their object the management of the respective territory.

3. The urban planning of the municipalities will be carried out through Municipal General Plans and complementary rules and planning subsidiaries.

4. The Municipal General Plans will be developed, as the case may be, in Partial Plans, Special Plans, Urban Performance Programs, and detailed studies.

5. For the development of the subsidiary rules of municipal planning, the derived planning instruments that are derived shall be used, in accordance with the soil classes that they incorporate.

6. In accordance with the provisions of Article 84.3, special plans may be made directly.

Section 2. National Planning Plan

Article 66. Object of the National Plan.

The National Plan of Management will establish the broad territorial guidelines, set the objectives and objectives and determine the priorities of public action at the national level, so that it can be adopted (i) coordination of strategic decisions concerning the compatibility of the economic area with the quality of life and social welfare, as well as the integration of the national area into the European area, within the framework of the constitutionally correspond to the State.

Article 67. Binding.

Public Administrations will develop their activities with territorial impact in a coordinated manner within the framework of the guidelines of the National Planning Plan.

Section 3. First Coordination Territorial Directors Plans

Article 68. Object and content.

1. The Territorial Steering Plans of Coordination shall lay down the requirements of regional development, the guidelines for the planning of the territory, the physical framework within which the forecasts of the Plan itself and the model must be developed. territorial in which the planning to be affected is to be integrated.

2. These plans will contain the following determinations:

(a) The scheme for the geographical distribution of the uses and activities to which the soil concerned should be allocated priority.

(b) The pointing out of areas where limitations are to be established for national defence requirements, taking into account specific legislation in the field, or for other reasons of public interest.

(c) The protective measures to be taken in order to preserve the soil, other natural resources and the defense, improvement, development or renovation of the natural environment and the Historical Heritage.

(d) The identification and location of basic infrastructure related to land, sea and air communications, water supply, sanitation, energy supply and other similar ones.

3. The Territorial Coordination Steering Plans shall include studies justifying the choice of the territorial model, the plans, rules and programmes that require its implementation and the technical and economic bases for development and implementation. of the Plan itself.

Article 69. Binding.

1. The Public Administrations will develop their activities with territorial impact in a coordinated manner, within the framework of the determinations of the Territorial Coordination Directors. The determinations of the Territorial Coordinating Directors ' Plans shall bind the individuals.

2. The local authorities whose territory is affected, in whole or in part, by a Territorial Coordination Director Plan, without prejudice to the immediate entry into force of this Plan, shall adapt to their determinations, the general planning, in the One year's deadline.

Section 4. General Planning

Article 70. General Urban Planning Plan.

1. The General Municipal Planning Plans, as an integral management instrument, shall cover one or more complete municipal terms and classify the soil for the establishment of the corresponding legal regime; define the elements fundamental of the general structure adopted for the urban planning of the territory and shall establish the programme for its development and implementation, as well as the minimum period of its validity.

2. Where Territorial Plans are in place, the Municipal General Plans shall be drawn up taking into account the determinations and guidelines set out in those Plans.

Article 71. Purpose of the General Plan.

1. The General Municipal Plans have for specific purpose, in the urban land, to complete their ordination by the detailed regulation of the use of the land and the building; to point out the renovation or interior reform that will result from it; define those parts of the overall structure of the plan corresponding to this type of land and propose the concrete action programmes and measures for their implementation.

2. The General Municipal Plans have for specific purpose, in the urbanizable soil, to define the fundamental elements of the general structure of the urban planning of the territory; to establish, according to its categories, a generic regulation of the different global uses and levels of intensity and set development programmes in the short and medium term, referring to a set of public and private actions.

In addition, they will regulate the way and conditions with which non-programmed performances can be incorporated into urban development by means of the corresponding Urban Action Programmes for the realization of Urban Units integrated.

3. The General Municipal Plans have for specific purpose, in the undeveloped land, to preserve the soil of the process of urban development and to establish, where appropriate, measures of protection of the territory and the landscape.

Article 72. General Plan determinations.

1. The General Municipal Planning Plans or similar planning instruments which may be provided by the Autonomous Communities shall contain the relevant determinations to ensure the application of the rules contained in this Law refers to valuations and the urban land ownership regime.

2. Based on this objective, they will contain the following determinations:

(a) Classification and land planning for land.

(b) Delimitation of areas for the distribution of loads and benefits and the fixing of the type of land use on scheduled land and, where appropriate, urban land, in accordance with the provisions of the following chapter and the Additional provision first.

(c) Usos, intensities and building typologies resulting from the internal reform operations to be developed by special planning, unless the scope of this planning is an independent distribution area.

d) General and organic structure of the territory integrated by elements determining the urban development and, in particular, the general communication systems and their protection zones, of free spaces for parks and public green areas, in proportion not less than five square metres per inhabitant, and community equipment.

e) Public or private character of the envelopes.

(f) Measures for the protection of the environment, nature conservation and landscape protection, natural elements and urban and historical assemblies, in accordance with the specific legislation of the application in each case.

(g) Point of view of the circumstances under which the review of the Plan is appropriate at the time, depending on the total population and its rate of growth, resources, uses and intensity of occupation and other elements which justified the classification of the soil initially adopted.

h) Pashes for partial planning approval.

In addition to the above, the General Plans shall contain the following determinations:

A. On urban soil:

a) Delimitation of your perimeter.

b) Allocation of detailed uses and typologies and intensity levels for the different areas. For the areas referred to special planning, in the case of non-application of the type-use, it is sufficient to indicate the uses and levels of intensity.

c) Delimitation of free spaces and green areas for parks and public gardens, sports, recreation and expansion areas, public and private.

d) Sites reserved for temples, teaching, health care and health facilities, and other services of social interest, indicating their public or private nature.

e) The layout and characteristics of the public road network and forecast of public and private car parks, with the indication of alignments and scrapers for the urban land not subject to the Special Plan.

f) Detailed regulation of the detailed use, volume, and sanitary conditions of land and buildings, as well as the aesthetic characteristics of the management, construction and environment.

g) Characteristics and layout of the galleries and networks of water supply, sewerage, electrical energy and those other services which, if necessary, provide for the Plan.

h) Economic assessment of the implementation of services and the execution of urbanisation works.

The provisions of paragraphs (c) and (d) shall be established on the basis of the socio-economic characteristics of the population and, in any event, with specific legislation on the subject.

B On scheduled urbanizable soil:

a) Development of the systems of the general structure of urban planning of the territory with sufficient precision to allow the drafting of the Parcial Plans.

b) Allocation of intensities and global uses to the different zones to be established.

c) Tracing of the fundamental networks of water supply, sewerage, electrical energy, telephone service and other services which, if necessary, provide for the Plan.

d) Division of the territory in sectors for development in Parcial Plans.

C Unscheduled in Unscheduled Soil:

a) Pointing of incompatible uses with those foreseen in the different soil classes and with the general structure.

b) Establishment of the tenical characteristics and minimum quantities to be met by the actions in this category of soil, depending on the different uses, and the endowments, services and equipment to which they are correspond.

D In non-urbanizable soil, the General Plan shall establish the measures and conditions that are necessary for the conservation and protection of each and every natural element, either soil, flora, fauna or landscape, in order to prevent their degradation, and from the buildings and sites which, due to their special characteristics, advise them, with the scope of application that in each case is necessary.

4. The determinations referred to in this Article shall be carried out in the following documents, the content and rules of which shall be determined in accordance with:

a) Memory and complementary studies.

b) Information Planes.

c) Planes of spatial planning of the territory.

d) Urban rules.

e) Program of Action.

f) Economic and financial study.

5. The General Plans shall include a Action Programme which shall establish:

a) The objectives, guidelines and strategy of its long-term development for the entire territory understood in its scope.

b) Specific forecasts concerning the performance of the general systems.

c) The four-year stages in which the Parcial Plans are to be approved in the programmed urbanizable soil.

(d) In urban land that should not be the subject of development of internal reform planning, the time limits to be fulfilled to the duties of disposal, balance and urbanization, and to apply for a licence when acting systematically, as well as the deadlines for converting the plot to solar and applying for a building license when it is performed asistematically.

e) For urban land areas referred to interior reform planning, the deadline for approval.

Article 73. Complementary and Subsidiary Rules.

Complementary and Subsidiary Standards may be drafted, which will have the hierarchical range of the Plan that complement or replace.

Article 74. Determinations of Complementary Rules.

1. The Complementary Rules of the General Plans shall be intended to regulate aspects not foreseen or insufficiently developed by those.

2. These rules shall contain the following determinations:

a) Finances and objectives of their enactment, expressing their complementary nature of the General Plans, as well as their convenience and opportunity.

b) Determining the scope of application of these rules.

c) Relationships and Incidents with the General Plan.

(d) Provisions to supplement the determinations concerning the building and construction works, or to add to any deficiencies in the management.

e) Forecasts for public buildings or services and other purposes of general or community interest on insufficiently equipped soil.

3. The Complementary Rules may not in any case modify the soil classification or alter the determinations of the General Plan that complement it.

Article 75. Subsidiary Rules classes.

Subsidiary Rules of Planning shall be drawn up for any of the following purposes:

(a) To establish for the whole of a province or part of it the general rules on protection and exploitation of the soil, urbanization and construction applicable to the municipalities that lack Plan General or Subsidiary rules of a municipal nature.

b) Define for municipalities that lack of Plan General the concrete urban planning of their territory.

Article 76. Subsidiary Standards with provincial scope.

The provincial municipal planning subsidiary rules will contain the following determinations:

a) Fines and objectives of their enactment.

b) Indication of the municipal terms that constitute their scope.

(c) Definition for the purposes of Articles 13 and 16 of the concept of population core.

d) Pointing out of areas where they can be urbanised according to the requirements contained in the rules themselves.

e) General urban rules.

Article 77. Subsidiary rules of municipal scope.

The Municipal Planning Subsidiary Standards will classify the soil in all or some of the following classes:

a) Urban soil, delimiting its perimeter and establishing its detailed planning or referring to a Special Interior Reform Plan.

b) Soil suitable for urbanisation, delimiting its territorial scope and fixing its gobel uses and intensity levels.

c) Non-urbanizable Soil, setting, where applicable, protection rules.

Article 78. Municipal subsidiary rules. Determinations.

1. The subsidiary rules of municipal scope shall contain the following determinations:

a) Fines and objectives of their enactment.

b) Basic infrastructure and general communications systems, free spaces, green areas and community equipment.

(c) Delimitation, where appropriate, of land covered in urban land, in areas suitable for urbanization and in non-urbanizable soil.

d) Defining the concept of the problem core.

e) Allocation of uses and levels of intensity applicable to the different areas in urban land or which will result from the planned internal reform operations.

f) Allocation of intensities and global uses to the different areas in the soil suitable for urbanisation, delimiting the sectors or setting the criteria for their determination by the Parcial Plans.

g) Urban rules.

h) Tracing and characteristics of the road network of urban land, with the determination of alignments and scrapes in urban land not subject to Special Plan.

i) The marking and delimitation of the special protection areas in the undeveloped soil.

j) Order of priorities with deadlines for their implementation.

2. In the soil suitable for urbanisation, one or more areas of distribution must be defined with the corresponding use of the corresponding type of use.

3. For the delimitation of areas suitable for urbanization, the projection, dimensions and characteristics of the foreseeable development must be foreseen.

Article 79. Documents of the Complementary Rules.

The Complementary Rules will be expressed in the following documents:

a) Supporting memory of its aims and objectives.

b) Planes of information and management, if required by the content of the standards, with the degree of precision and scale appropriate to the General Plan that complement each other.

c) Regulation or definition, as the case may be, of the extremes constituting the object of the rules.

d) Other documents that require your specific objectives.

Article 80. Documents of the Subsidiary Rules.

1. The Provincial Municipal Planning Subsidiary Rules may contain the following documents, as the case may be:

(a) The justification for its aims and objectives, as well as its convenience and opportunity, expressed as a result of the process of public participation in the process of drafting the rules.

(b) Planes of information that express the urban territories and nuclei that constitute their scope of application at the appropriate level.

c) Building standards for urban land.

d) Non-urbanizable soil protection rules.

e) Any other document that is deemed appropriate for compliance with the determinations of the standards themselves.

2. The subsidiary rules of municipal scope shall contain the following documents:

(a) The justification for its aims and objectives, as well as its convenience and opportunity, and each and every one of its determinations, with expression of the result of the process of public participation in the process of elaboration of the rules.

b) Planes of information for the entire territorial scope at the appropriate level.

(c) Planes of ordination that express, according to the different assumptions, the determinations referred to in Article 78.

(d) Urban planning rules to establish and, where appropriate, regulation of the conditions and deadlines for urbanization and construction in urban land.

Section 5. Urban Soil Delimitation

Article 81. Project for the delimitation of urban land.

1. Municipalities without a general planning instrument shall formulate a project for the delimitation of urban land, which shall contain the identification of the perimeter of the land covered by it, in accordance with the provisions of the Article 13.2, with the remainder being classified as non-urbanizable soil.

2. The draft delimitation may also contain the following determinations:

a) Alignment of the existing road system, by completing the inadequacies of the existing system.

(b) Regulation of the conditions of the construction, by means of the corresponding ordinances, subject to the provisions of Article 139.

Section 6. Development Planning

Article 82. Urban performance programmes.

1. The planning and urbanization of land classified as unscheduled land will be carried out in accordance with the respective Municipal General Plan, through Urban Action Programs for the realization of urban units. integrated.

2. The Urban Performance Programs will contain the following determinations:

a) Development of the systems of the general structure of the spatial planning of the territory.

b) Pointing of uses and levels of intensity, with expression of the use of the type in all its scope, in accordance with the provisions of the following chapter.

c) Tracing of the fundamental networks of water supply, sewerage, telephones, electrical energy, communications and other services to be provided.

d) Division of territory for stages development.

These determinations will be complemented for each stage with the corresponding Parcial Plans and Urbanization Projects, in private promotions will also include the building programs.

3. The Urban Action Programmes shall consist of the following documents:

a) Memory that reflects the urbanistic information used.

(b) Planes of urban information for the areas covered by the action.

c) Sort Planes.

d) Urban standards for development in Partial Plans.

e) Stages Plan.

f) Economic-financial study.

Article 83. Partial Plans: Object and determinations.

1. The partial planning of the planning has for object in the soil classified as scheduled or in the apt to urbanize, to develop, by the detailed planning of a part of its territorial scope, the General Plan or the Planning subsidiaries, respectively, and on the ground classified as unscheduled, the Urban Performance Programs.

No Parcial Plans may be drawn up without prior or at the same time, but in the case of a seperate dossier, the General Plan or Subsidiary Regulations of the Planning Board have been definitively approved; and, in no case, may be amended by the Determinations of one and more.

2. Partial Management Plans shall contain the following determinations:

a) Allocation and relative weighting of the detailed uses and building typologies in accordance with Chapter II of this Title.

(b) Delimitation of the zones in which the ordered territory is divided by reason of the uses, and building typologies and, where appropriate, the division into units of execution.

c) Pointing of land reserves for parks and gardens, sports and recreation areas and expansion in proportion to the collective needs. The area for such reserves shall be at least 18 square metres per dwelling or per 100 square metres of residential building if the number of dwellings that could be constructed has not been expressly set. This reserve may not be less than 10 per 100 of the total ordered area, whatever the use of the land and the building, and shall be established independently of the areas covered by the General Plan free spaces or green areas for parks. The minimum areas identified in this paragraph shall be domain and public use.

d) Setting up land reserves for cultural and teaching centres in the minimum proportion of 10 square metres per dwelling or per 100 square metres of residential building if the site was not specifically determined number of homes that could be built, grouped according to the modules needed to form complete school units.

e) Sites reserved for temples, health care facilities and other public and social services.

f) The layout and characteristics of the sector's own communications network and its link to the general communications system provided for in the General Planning Plan, with the indication of alignments, scrapings and areas of protection of the entire road network, and provision of car parks in the minimum proportion of one square per 100 square metres of building.

g) Characteristics and layout of the galleries and networks of water supply, sewerage, electrical energy and those other services which, if necessary, provide for the plan.

h) Economic assessment of the implementation of services and the execution of urbanisation works.

i) Plan of Stages for the development of the determinations of the Plan, in which the fixing of the deadlines for fulfilling the duties of cession, balance and urbanization in the units of execution is included understand the sector, and to apply for building license once the right to urban development has been acquired.

3. In respect of the envelopes referred to in points (c), (d) and (e) of the preceding number, the Partial Plan shall express its public or private character with observance, where appropriate, of the required public minimums.

4. The levels corresponding to the soil reserves laid down in point (e) of the second paragraph of this Article, the relations between them and those corresponding to points (c) and (d) of the same number and the graduation of the two, in the different Population units may be fixed in a regulated manner.

The resulting density in the sector may not exceed 75 dwellings per hectare, depending on the types of population, detailed uses and other characteristics to be determined by regulation. In exceptional cases, the competent authority of the respective Autonomous Community may authorise densities of up to 100 dwellings per hectare, where the urban circumstances of the locality advise it.

5. The Partial Plans shall comprise the information plans, including the cadastral, and the supporting studies of their determinations, as well as the project plans, determination of the services and regulatory ordinances necessary for their execution and, where appropriate, those to be regulated.

Article 84. Special Plans. Classes.

1. In the development of the forecasts contained in the Territorial Plans and without the need for prior approval of the General Planning Plan, Special Plans may be formulated and approved for the following purposes:

(a) Development of the basic infrastructure for land, sea and air communications, water supply, sanitation, energy supply and other similar services.

b) Ordination of historic-artistic enclosures and sets, and protection of the landscape, the roads, the soil and the subsoil, the urban, rural and natural environment, for their conservation and improvement in certain places.

c) Other similar purposes.

2. In the development of the forecasts contained in the General Municipal Planning Plans and in the complementary and subsidiary rules of planning, Special Plans may also be formulated, without the need for prior approval of the Plan. Partial, for the following purposes:

(a) Development of the general communication system and its protection zones, the system of free spaces for public parks and green areas and the system of community equipment for public services and centres social at the level of the General Plan.

b) Ordination and protection of architectural, historical and artistic enclosures and assemblies.

c) Internal reform in urban land.

d) Protection of the elements referred to in paragraph (b) of the previous paragraph.

e) Sanitation of populations.

f) Improving urban, rural and natural resources.

g) Other analogous purposes.

3. In the absence of the Territorial Plan, of Plan General, or when these do not contain the necessary detailed forecasts, and in areas that constitute a unit that recommends it, Special Plans may be drawn up for the following purposes:

(a) Establishment and coordination of the basic infrastructures relating to the communications system, the Community equipment and public centres of general interest, the supply of water and sanitation and the facilities and networks required for energy supply, provided that these determinations do not require the prior definition of a territorial model.

b) Protection, cataloguing, conservation and improvement of natural spaces, landscape and rural physical environment, urban environment and its communication channels.

4. The Special Plans shall contain the determinations necessary for the development of the Territorial Plan or of the corresponding Planning Plan; and, failing that, their own nature and purpose duly justified and developed in the studies, plans and related standards.

5. In no case will the Special Plans be able to replace the Territorial Plans to the Municipal General Plans or the complementary and subsidiary rules of the planning, in its function of instruments of integral management of the territory, which they may not classify soil, without prejudice to any limitations of use that may be established.

Article 85. Special plans for internal reform.

1. The Special Plans for Internal Reform in Urban Soil may be for the following purposes:

(a) Carry out isolated actions which, while retaining the fundamental structure of the previous ordination, are aimed at the decongestion of urban land, the creation of urban endowments and community equipment, sanitation of unsanitary neighbourhoods, resolution of problems of movement or aesthetics and improvement of the environment or of public services and other similar purposes.

(b) For the purposes set out in the preceding paragraph, also carry out integrated internal reform operations.

2. The Special Plans for Internal Reform shall contain the determinations and documents appropriate to the objectives pursued by them, and at least those provided for in the Partial Plans, unless one of them is unnecessary for not keeping relationship with the reform. In any event, the Special Plans for Internal Reform referred to in point (b) of the first paragraph of this Article shall contain the delimitation of the units of execution, the fixing of the time limits for implementation and the choice of the system of action for their implementation. development.

Article 86. Special plans for landscape protection.

The protection of the landscape, in order to preserve certain places or perspectives of the national territory as soon as it constitutes object of special planning, will refer among others, to these aspects:

a) Natural areas of landscape interest.

b) Rustic pregod of picturesque situation, amenity, topographical uniqueness or historical memory.

c) Isolated buildings that are distinguished by their architectural and architectural beauty and park and gardens highlighted by the beauty, artistic disposition, historical transcendence or importance of the botanical species that in them exist.

d) Built perimeters that form a set of traditional or aesthetic values.

Article 87. Protection of communication paths.

Protection in the urban order of the communication routes, as far as the restriction of the destination and the use of the marginal lands, will allow:

a) Split the land into areas of use, construction, vegetation and panoramic areas.

b) To prohibit or limit, in accordance with current legislation, direct access to farms from the road.

c) Point out minimum distances for the mouth of other paths.

d) Dispose the retranking of the buildings as a forecast of future extensions and the establishment of service heaters.

e) Order parking lots and places of supply and rest.

f) Maintain and improve the aesthetics of adjacent tracks and areas.

Article 88. Protection of other spaces.

Special urban planning may affect, for the purpose of protection, orchards, crops and forest spaces, by appropriate restrictions of use to prevent their disappearance or alteration.

Article 89. Improvement of the urban or rural environment.

The improvement of the urban or rural environment and the suburbs of the cities may be the subject of Special Plans for these purposes:

a) Modify the exterior appearance of the buildings, their architectural character and their conservation status.

b) Alter certain plant elements, gardens or trees.

c) Prohibit harmful constructs and uses.

d) Submit to urban standards the coupling of the buildings.

Article 90. Sanitation Plans.

It will be conceptualized as plans and projects of sanitation that refer to works in the soil and subsoil to improve the conditions of sanitation, hygiene and safety. These plans and projects will include the works of water supply, purification and utilization of the waste, sewage installation, drainage, fountains, water utilities, sinks, waste collection and treatment.

Section 7. Other Instruments

Article 91. Detail Studies.

1. Detail Studies may be formulated where it is necessary to complete or, where appropriate, adapt determinations set out in the General Plans for urban land and in the Parcial Plans.

2. Its content shall be intended to provide for or readjust, as the case may be:

a) The pointing of lineups and scrapes; and/or

b) The sorting of the volumes according to the specifications of the planning.

3. The Detail Studies will maintain the determinations of the planning, without altering the use that corresponds to the fields included in the study.

In no case may they cause injury or alter the conditions of the ordination of the adjacent premises.

4. The detailed studies shall include the supporting documents of the ends referred to in number 2.

Article 92. Urbanisation Projects.

1. The Urbanization Projects are projects of works that aim to bring to the practice the general planning in the urban land and the Parcial Plans. They shall not contain any determinations on land and building management or arrangements, and shall detail and schedule works which they understand with the necessary precision to enable them to be executed by a technician other than the author of the project.

2. The Planning Projects shall not be able to modify the forecasts of the planning they develop, without prejudice to the possibility of making the adaptations required by the material execution of the works.

3. The Urbanization Projects will include a description of the characteristics of the works, the level of the situation in relation to the urban and project plans and details, measurements, price tables, budget and specifications conditions of the works and services.

Article 93. Catalogs.

The protection that planning refers to when it comes to preserving or improving monuments, gardens, natural parks or landscapes, will require the inclusion of the same in catalogues, the approval of which will be carried out simultaneously with that of him. However, real estate declared of cultural interest shall be governed by its specific legislation.

CHAPTER II

Supporting areas and type-uses

Article 94. Delimitation of delivery areas.

1. The general planning instruments shall define for the whole of the urban land one or more areas for the distribution of loads and benefits, including or not of the general systems attached or in this class of soil, as provided for in the legislation applicable urbanistics.

2. All land classified as land-based and affections to general systems attached to or in this class of land for obtaining it must be included in areas of distribution, the delimitation of which shall be made in accordance with the applicable urban legislation.

3. To delimit the distribution areas, the following rules apply:

(a) Land shall be excluded from the areas of distribution in urban land for general systems attached to or included in it.

When circumstances advise you may consider the whole of this soil as a single delivery area.

(b) On scheduled land-based land, sectors whose partial planning is to be approved in the same four-year period and the general systems attached to or included in those for management shall comprise a single delivery area.

c) On unscheduled land-based land, the areas of each Urban Action Programme with the general systems attached to or included in the sector or sectors that are demarcated, will integrate a single delivery area.

d) On land suitable for urbanisation, in the form that they establish the subsidiary rules of planning.

Article 95. Use type.

For each distribution area the General Plan or Program of Urban Action or eqivalent instruments, as the case may be, will define the respective type of use, the calculation of which will be carried out in the form indicated in the The following items.

Article 96. Calculation of the use in urban land.

1. In urban land, the use of each distribution area shall be obtained by dividing the total profit, including the private endow, corresponding to the same, always expressed in square metres constructed of the use and typology characteristic building sites, for their total area, excluding areas affected by existing general or local public endowments.

The result will always reflect, unitedly, the constructed surface of use and characteristic typology for each square meter of soil in the respective area.

2. Urban legislation may establish a system for the calculation of total profit by reference to the buildability index, application of zoning conditions or any other procedure, and should always be based on the actual determinations of the planning and include the use of private endow.

3. In order to allow the use of the type to be expressed by reference to the characteristic building use and typology, the planning shall provide a justification for the relative weighting coefficients between that use and typology, which shall always be assigned to it. the value of the unit, and the remaining value, to which higher or lower values correspond, depending on the specific circumstances of the municipality and area of distribution.

Article 97. Calculation of the type of use on land-based soil.

1. The General Plan in the scheduled urban land or the Urban Action Programme in the unscheduled will fix the type of use of each division area by dividing the total profit of the areas included in it, expressed In square meters constructed of the characteristic use, by the total area of the area.

2. The relative weighting of the uses of the different zones, in relation to the characteristic, shall occur in the form indicated in the preceding Article 3.

3. The partial plans, in accordance with the weighting laid down in the General Plan for the areas they include, shall lay down the relative weighting of the detailed uses and typologies resulting from the sub-zoning they contain, with reference to the characteristic building use and typology.

4. If the legislation of the Autonomous Communities establishes planning instruments to replace the General Plans, the subsidiary rules or the Urban Action Programmes in their territory, they may be fixed by the The invention also provides a type of use for each distribution area and the relative weights of the detailed uses and building typologies, according to the above rules.

Article 98. Other determinations.

1. The predominant use of each distribution area shall be considered to be the predominant use area.

2. Land intended for urban planning for buildings or facilities for use or public service shall be of a nature and shall not be taken into account for the purpose of calculating profit-making.

3. If the general planning qualifies land for the construction of official protection housing or other public protection scheme, it shall consider this qualification to be a specific use, assigning the weighting coefficient to it, justifiably and in coordination with the cadastral assessment criteria, express its value in relation to the characteristic of the area in which it is included.

Article 99. Application of the use of the type and the transfer of the use.

1. The effective application of the corresponding type of use to determine the use that can be appropriated, according to this Law, and the transfers of benefits linked to it, will take place, in the areas already built included in execution units, when the existing building is replaced.

2. Rehabilitation scenarios not required by urban planning or special arrangements, which may be considered in consideration of their characteristics and scope equivalent to the replacement of the building, shall be subject to the scheme. In any event, the construction of works which by its nature would have permitted the declaration of ruin of the building shall be considered to be replaced.

3. In the case of forced rehabilitation and in respect of buildings which are used differently from the area of distribution in which they are located, this circumstance shall be taken into account for the purposes of specific aid and benefits. fiscal.

Article 100. Inapplication of use type.

The provisions of the foregoing Articles shall be without prejudice to the provisions of the first provision.

CHAPTER III

Drafting and approving the Plans

Section 1. Second Preparatory Acts

Article 101. Support for the drafting of plans.

Public bodies, public service concessionaires and private individuals will tender to the drafting of the Planning Plans and, in this way, will provide the bodies responsible for drafting the documents and necessary information.

Article 102. Suspension of licensing.

1. The competent bodies for the initial and provisional approval of the Municipal General Plans, the subsidiary rules of the municipal planning, the Special Plans, the Special Plans or the Studies of Detail, may agree to suspend the granting of licensing of land, building and demolition for specific areas or uses, in order to study their training or reform.

This agreement will have to be published in the "Official Bulletins" of the province or provinces affected and, failing that, in that of the Autonomous Community and in one of the most widely distributed newspapers of each one.

2. The initial approval agreement of the management instruments listed in the previous paragraph shall determine, on its own, the suspension of the granting of licences in those areas of the territory covered by the planning. Determinations involve modification of the current urban regime, and the areas affected by the suspension should be expressly stated.

3. The suspension referred to in No 1 shall in any event be extinguished within one year. If the initial approval agreement has been produced within that period, the suspension shall be maintained for the areas whose new planning determinations involve modification of the urban planning and its effects shall be extinguished. definitively two years after the suspension agreement adopted to study the planning or its reform. If the initial approval occurs after the deadline of the year, the suspension resulting from this initial approval will also have the maximum duration of one year.

If, prior to the initial approval agreement, the granting of licenses pursuant to the provisions of the first paragraph of this Article has not been suspended, the suspension determined by that initial approval shall have a maximum duration of two years.

In any case, the suspension is extinguished with the final approval of the planning.

4. Extinguishing the effects of the suspension in any of the envisaged scenarios, no further suspensions may be agreed within five years, for the same purpose.

5. The petitioners of licences requested prior to the publication of the suspension shall be entitled to be compensated for the official cost of the projects and for the return, where appropriate, of the municipal fees.

Article 103. Planning advances.

1. Interested Entities and Agencies may make planning advances and partial preliminary projects that serve as guidance for their drafting on accepted bases in principle.

2. Advances and projects may be submitted to the City Council and the competent authority of the Autonomous Community without the processing of public information.

3. The approval will only have internal administrative effects in preparation for the drafting of the final planning and projects.

Section 2. Initiative and Planning Collaboration

Article 104. Particular initiative plans.

1. Public entities and individuals may draw up and raise to the competent authority for processing the instruments for the development of general planning, which, in each case, establishes the applicable urban legislation.

2. The owners concerned must present such instruments when the applicable planning legislation so establishes, subject to the time limits laid down in the planning, as provided for in the Urban Action Programme or, at the same time by the competent regional authority, in accordance with the provisions of that body.

3. If they have obtained the prior authorization of the City Council, they will be provided by the public bodies as many information elements necessary to carry out the drafting and will be able to carry out in particular farms the necessary occupations for the drafting of the Plan under the Compulsory Expropriation Act.

Article 105. Documents.

1. Plans and projects drawn up by individuals shall contain the documents which for each class indicates Chapter I of this Title.

2. When referring to particular initiative developments, the following data shall also be reported:

a) Supporting memory of the need or convenience of urbanization.

b) Name, last name and address of the affected owners.

c) Mode of execution of the works of urbanization and foresight on the future conservation of the works.

d) Commitments to be contracted between the urbanizer and the City Council, and between that and the future owners of solar.

e) Guarantees of the exact fulfillment of these commitments.

(f) Economic means of any kind with which the promoter or promoters are responsible for carrying out the action.

Article 106. Processing.

1. The Plans and projects referred to in the previous article shall be raised to the City Council and shall be processed in accordance with the provisions of Sections 5 and 6. included in those.

2. If they affect several municipalities, they shall be presented in the Provincial Council or, failing that, in the competent regional authority and shall follow the procedure referred to in the preceding number.

3. The act of approval may impose the conditions, modalities and deadlines which are appropriate.

Section 3. Competition and procedure

Article 107. Formulation of the National Plan.

1. It is up to the Ministry of Public Works and Transport to propose to the Council of Ministers the Royal Decree of formation of the National Plan of Management.

2. The Council of Ministers will determine in the Royal Decree approving the elaboration of the National Plan of Management:

(a) The Agency or public bodies to intervene in the drafting of the Plan and to exercise the powers of management and periodic control of the work of preparation; those reserved by the Council itself or attributed to the Ministry of Public Works and Transport and the deadlines for the preparation of the Plan.

b) The participation of the corresponding Autonomous Communities and local Corporations in the elaboration of the work.

c) The basis or rules for collaboration, if any, of other public or private entities.

Article 108. Formulation of the Territorial Territorial Coordination Plans.

The Territorial Coordinating Directors ' Plans shall be formulated, processed and approved in accordance with the autonomic rules that apply.

Article 109. General planning formulation.

1. Municipal General Plans and Subsidiary Norms at the municipal level, or the planning instruments established by the autonomic legislation that replace them, will be formulated by the Councils.

2. The Councils may request their formulation from the competent authority of the Autonomous Community or the Diputación.

3. The municipal subsidiary rules of provincial scope shall be formulated by the Provincial Council or by the competent authority of the Autonomous Community.

4. In any event, the wording may be entrusted to the technicians of the Corporation or to whom they shall be appointed, either directly or by contest, between competent authorities.

5. In the event that the City Council does not make any general planning instrument within the time limit set by the competent regional authority, it may be in possession of the wording of the appropriate estimate, by agreeing on the wording. The costs of the formulation shall be borne by the respective local authorities, except for special and justified circumstances in case of the effect.

Article 110. Set Plan.

1. If the urban needs of a municipality advise the extension of its zone of influence to another or others, in default of agreement between the Entities concerned, the competent organ of the Autonomous Community at the instance of the municipality or of trade You can have the formulation of a Set Plan.

2. The same measure shall apply when it is agreed to order an urban area.

3. In both cases, the competent authority of the Autonomous Community shall determine the territorial extent of the plans, the City Council or Body to be drawn up and the proportion in which the municipalities concerned must contribute to the expenditure.

4. The Councils included in the Plan shall assume the obligations arising from it.

Article 111. Formulation of Partial, Special Plans And Urban Performance Programs.

1. The Partial, Special Plans and Urban Action Programmes may be formulated by the local authorities and competent bodies in the urban planning order.

2. The Urban Action Programmes may also be formed by the corresponding successful tenderers in accordance with Articles 177 to 184.

Article 112. Processing of the National Plan.

Drafted the Plan according to the requirements contained in the corresponding Royal Decree will be raised, through the Ministry of Public Works and Transport prior report of the Central Commission of the Territory and Urbanism, to the Council of Ministers, which, if necessary, will forward it to the Courts for approval.

Article 113. Processing of the Territorial Coordinating Directors ' Plans.

1. The processing of the Territorial Coordination Directors ' Plans shall be subject to the rules laid down in the applicable autonomic rules and, failing that, by those laid down in the agreement which orders their formulation.

2. In any event, the processing of public and hearing information to the State Administration must be ensured in those aspects of its competence, and the local entities concerned.

Article 114. Processing of the instruments of general planning and the delimitation of Urban Soil.

1. Initially approved the General Plan of Urban Planning, Municipal Subsidiary Standards or Project of Delimitation of Urban Soil by the Entity or Body that would have formulated it, it will submit it to public information, at least during a month, by announcing in the "Official Gazette" of the Autonomous Community, in that of the province, if any, and publication in one of the most circulation newspapers in the latter. After the deadline, if any plans or rules not formulated by the respective City Council are dealt with, another period of equal duration shall be opened to give an audience to the local entities whose territory they affect.

2. The entity or body which initially approved the instruments referred to above, in the light of the outcome of the public information, shall approve it provisionally with the amendments they have made. If such modifications will mean a substantial change to the plan initially approved, a new period of public information will be opened before granting provisional approval. In the case of general plans of capital of a province or a municipality of more than 50,000 inhabitants, once provisionally approved, it shall be of interest to the Provincial Council, if any, and, where appropriate, of the competent authority, reports, which shall be deemed to be favourable if they are not issued within one month. These formalities shall be completed by the plan, with the complete file, to the competent body which must grant the final approval, in order to examine it in all its aspects and to resolve it.

3. The final approval of the general plans, subsidiary rules and projects for the delimitation of the urban land shall be understood to be produced for six months from the entry of the complete file into the Register of the competent body for grant the, without the resolution being communicated.

4. If the body to whom the final approval corresponds does not give it, it shall indicate the deficiencies and subsequent amendments which it shall make to the approval of the provisional approval by the Entity or Agency. it is raised again to that final approval, unless it has been relieved to do so because of the minor importance of the corrections.

5. Where the general management plans or municipal subsidiary rules for processing are extended to more than one municipal term, the initial and provisional approval is the responsibility of the relevant Provincial Council or, failing that, the body. competent autonomic.

Article 115. Processing of special plans and urban development programmes.

1. The Urban Performance Programs and Special Plans that do not develop general planning determinations shall be processed in accordance with the provisions of the previous article.

2. Where these special plans are drawn up on the initiative of local authorities prior to their final approval, they shall be subject to a report by the bodies which will be affected.

Article 116. Processing of Special and Partial Plans that develop general planning.

The processing of the Parcial and Special Plans that develop general planning determinations will be subject to the following rules:

(a) The initial approval shall be granted by the City Council which has formulated it, then submit it to public information, at least for one month, by means of a notice in the "Official Gazette" of the Autonomous Community and publication in one of the most circulation newspapers in the province.

The deadline to agree on the initial approval, or deny, in the particular initiative plans assumptions, will be three months from the presentation of the complete documentation in the Municipal Register.

(b) In the light of public information, the City Council shall approve it provisionally with the modifications that it has made. If such modifications will mean a substantial change to the plan initially approved, a new public information period will open before granting provisional approval.

The deadline for agreeing on the provisional approval of public and private initiative plans may not exceed one year from initial approval.

(c) Once the provisional approval has been granted, if the plan is to be definitively approved by the Autonomous Community, the City Council shall raise the file within the prescribed time limit to the competent autonomic body. for resolution.

If the Plan is to be definitively approved by the City Council, it shall be submitted to a non-binding report of the competent body of the Autonomous Community, which shall be deemed to be favourable if it is not issued within one month of receipt of the plan. of the complete file by that body.

Article 117. Processing of Detail Studies and Urbanization Projects.

1. The Urbanisation Projects shall be drawn up in advance so that the works referred to may be carried out in accordance with the deadlines laid down in the applicable planning.

2. The Detail Studies and the Special Initiative Urbanization Projects will be initially approved by the competent Councils within three months.

3. Once they have been approved initially, they will be subject to public information for a period of 15 days, so that they can be examined and submitted, by means of a notice in the "Official Gazette" of the Autonomous Community and published in one of the following: the largest circulation newspapers in the province.

4. In the light of the outcome of the public information, the City Council shall approve them definitively, with any amendments that are relevant.

Article 118. Competence for final approval.

1. The competence to approve the National Planning Plan corresponds to the General Courts.

2. The Territorial Coordinating Directors ' Plans shall be approved by the body which points to the respective legislation and, failing that, by the Governing Council of the Community.

3. The competence to approve the other plans and projects definitively corresponds to the bodies determined by the autonomic legislation and, failing that, to the following:

(a) The general plans for urban planning, urban planning programmes, complementary and subsidiary rules for planning and projects for the delimitation of urban land, to the relevant body of the Community Autonomic.

(b) The partial plans of provincial capitals and cities of more than 50,000 inhabitants, to the respective Councils; in other cases, or when they affect several municipalities, to the competent regional body.

(c) Special plans to develop and conform to the determinations of the general plan and refer to provincial capitals or cities of more than 50,000 inhabitants, to the respective Councils; in other cases, as well as where they affect several municipalities or do not develop general planning, to the competent authority of the Autonomous Community.

d) The detail studies and urbanization projects, to the respective City Council.

4. The municipal competence referred to in points (b) and (d) of the preceding number shall be without prejudice to the subrogation of the autonomic authority competent in the terms laid down in Article 121.

Article 119. Deadlines for final approval of development planning instruments.

1. The final approval period for the General and Special Plans to develop the general planning shall be three months from the entry of the complete file in the Register of the competent body for granting, after which the It shall be understood as silent.

2. In the case of partial and special plans whose final approval is for the City Council, the three-month period shall be counted from the provisional approval agreement.

3. The final approval period for the development projects and detailed studies will be three months after their initial approval. After this period of time without communicating the relevant resolution, the final approval shall be deemed to be granted by administrative silence, provided that the procedure for public information has been completed within this period.

Article 120. Non-application of positive silence.

1. There shall be no application of administrative silence if the plan does not contain the documents and determinations laid down by the provisions which are directly applicable to the type of the plan concerned.

2. Nor shall the positive administrative silence apply if the plan contains determinations contrary to the law or plans of higher hierarchy, or when the approval of the plan is subject to special, legal or regulatory requirements. set.

Article 121. Subrogation of the Autonomous Community.

In cases of non-compliance with the deadlines set out in Article 116 (a) and (b) in the processing of partial plans and special plans to develop general planning determinations, and in paragraph 3) Article 119 for urbanisation projects and detailed studies, the competent authority of the Autonomous Community shall act by means of subrogation upon request of the persons concerned, the following rules being applied:

1. The initial approval period shall be three months from the submission of the application to the competent authority of the Autonomous Community.

2. The partial plans and special plans shall not be subject to provisional approval, but shall be deemed to be definitively approved if no express resolution is communicated within one year from the date of approval. initial, where it has been expressly granted under subrogation by the competent authority of the Autonomous Community, or six months after the submission of the corresponding application, in the Register, where the plan has been approved initially by the municipal administration, provided that, in one and the other case, there were completed the processing of public information.

3. Urban development and detail study projects will be definitively adopted if three months have passed since their initial approval is expressed by virtue of subrogation by the competent regional body, without (a) has issued an express decision on the final approval or from the lodging in the Register of the application for subrogation when the project was initially approved by the incumbent administration, of course, the compliance with the public information procedure.

Article 122. Special processing rule.

1. If the file of the Partial or Special Plan that develops the general guideline is initiated at the instance of urban administrations or companies with exclusive or mainly public capital, whose main purpose is the urbanization, the creation of land or the construction of housing for official protection, and it is declared as a matter of urgency by the body to indicate the autonomous rules and, if nothing is established, by the higher executive body of the Community's collegiate nature Autonomous, it shall be settled on its initial approval within one month from its date of presentation. The period of public information shall be 15 days, and the resolution on provisional approval shall take place within the maximum period of four months from the date of submission. After any of these periods, the subrogation provided for in the previous Article shall be operated, the time limits being given to the autonomic authority responsible for the subrogation and the provisional approval of the subrogation being replaced. definitive, with a reduction from the four-month period to two months, if the incumbent administration had granted the initial approval.

2. If the competence for final approval is for the competent regional body and has not operated the subrogation, the final approval and, consequently, the positive silence, will be produced within two months from the receipt of the complete file.

3. In the case where the jurisdiction for final approval corresponds to the City Council, the time limit for the report by the competent authority shall be 15 days and the time limit for final approval expressly or by silence shall be two years. months to be counted from the provisional approval agreement.

4. The final approval, even by silence, is subordinated to the fulfillment of the public information procedure.

Article 123. Catalog fulfillment.

Catalogs, when not contained in General Plans, Special Plans or supplementary rules or planning subsidiaries, shall be processed, approved and published in accordance with the rules laid down for the plans partial.

Article 124. Publication.

1. The final approval agreements for all planning instruments will be published in the relevant "Official Gazette".

2. The competent authority to grant initial and provisional approvals, where appropriate, may order the publication in the relevant "Official Journal" of the planning instrument approved by positive administrative silence.

3. In respect of the urban rules and ordinances contained therein, the provisions of the applicable legislation shall be as laid down.

Section 4. Vancy and review of plans

Article 125. The validity of the plans.

The sort plans will have an indefinite effect.

Article 126. Planning review.

1. The update of the National Plan of Management may be carried out by the Government, in the form that it has its approval law and can only be suspended in terms of the law itself.

2. The revision or amendment of the Territorial Coordination Directors ' Plans shall be carried out by the procedure laid down for its preparation and within the time limits and by the causes established therein.

3. The alteration of the content of the urban planning instruments may be carried out by means of the revision of the instruments or the modification of any or some of the elements constituting them.

4. It is understood by revision of the general planning the adoption of new criteria regarding the general and organic structure of the territory or the classification of the soil, motivated by the choice of a different territorial model or by the appearance (a) the circumstances in which they are affected, whether demographic or economic, which have a substantial impact on management, or the exhaustion of their capacity. The review may determine the replacement of the existing planning instrument.

5. In the other cases, the alteration of the determinations of the Plan shall be considered to be a modification of the Plan, even if such alteration leads to isolated changes in the classification or classification of the soil, or the origin of the review the programming of the General Plan.

6. Where the circumstances so require, the competent authority of the Autonomous Community may order the review of the General Plans and Subsidiary Rules to be motivated, after hearing from the local authorities concerned, by agreeing on the wording.

Article 127. Review of the Take Action Program.

1. It is up to the Councils to review and approve, where appropriate, the Action Programme contained in the General Plan. The review shall take place every four years.

Except as provided for in the following number, the review of the Action Programme shall be approved by the City Council concerned, subject to public information for one month, to be announced in the "Official Gazette" of the Community. Autonomic.

2. If, as a result of this revision, the soil classified as scheduled is modified, the review of the Program will be completed with the determinations and documents required for the above ground and will be subject to the provisions set forth for the modification of the Plans, in accordance with the provisions of the following Article.

3. Compliance with the procedure for amending the Plan in the case of Article 278 shall not be required.

Article 128. Modification of Plans.

1. Modifications to any of the elements of the Plans, Projects, Programs, Standards, and Ordinance shall be subject to the same provisions as set forth for processing and approval.

2. However, when the modification tends to increase the buildable volume of an area, it will be required to approve the forecast of the largest free spaces requiring the increase of population density.

Article 129. Qualified modification.

If the modification of the Plans, Complementary Standards and Subsidiaries and Performance Programs has for object a different zoning or urban use of the green zones or free spaces provided for in the Plan, it must be approved by the higher executive body of the corresponding Autonomous Community, subject to a favourable report by the competent counsellor on the grounds of the matter, and the relevant Council of State or regional body.

Article 130. Suspension of planning.

The competent body in accordance with the autonomic legislation and, failing this, the higher executive of the collegiate nature of the Autonomous Community, after hearing from the local authorities interested, may suspend for their review, in whole or in part of the scope to which they relate, the validity of the territorial plans of their competence and of the municipal authorities, in the form, deadlines and effects referred to in Article 102 for review. As long as the revised Municipal Plan is not approved, the Planning Subsidiaries shall be issued within the maximum period of six months from the suspension agreement.

CHAPTER IV

Effects of Plan Approval

Article 131. Execution of the Planning.

The Plans, Complementary and Subsidiary Standards, Urban Performance Programs, Detail Studies, Projects and Catalogs will be immediately executive once released for final approval, without prejudice to the provided for in Article 124.

Article 132. Public Utility Statement.

The approval of Urban Planning Plans and the delimitation of execution units to be developed by the expropriation system will imply the declaration of public utility of the works and the need for occupation of the land and related buildings, for the purposes of expropriation or imposition of easements.

Article 133. Advertisement of the Plans.

Plans, Complementary and Subsidiary Standards, Urban Performance Programs, Detail and Project Studies, with their standards, ordinances and catalogues will be public, and anyone can, at all times, consult them and inform them in the City Council of the term to which they refer.

Article 134. Obligation of Plans.

1. Individuals, as well as the Administration, will be obliged to comply with the provisions on urban planning contained in the applicable urban planning legislation and in the Plans, Urban Action Programmes, detailed studies, projects, rules and ordinances approved under the same.

2. The reserves of supply which are contained in the plans or regulations and those which, regardless of their independence, are granted shall be null and void.

Article 135. Duty of information.

1. The Councils shall send a copy of each of the General Plans for Urban Planning to the Ministry of Public Works and Transport once their final approval has been published.

2. The State Administration shall be notified of the initiation of the procedure for the modification and review of the planning within one month of the adoption of the corresponding agreement by the City Council.

Article 136. Provisional uses and works.

1. Notwithstanding the obligation to observe the Plans, if they have not made it difficult to implement them, they may be authorised on grounds, uses and justified works of a provisional nature, which shall be demolished when the City Council has agreed, without the right to compensation. The authorization accepted by the owner must be registered under the conditions specified in the Land Registry.

2. The lease and the area right of the land referred to in the preceding paragraph, or of the provisional constructions which are raised in them, shall be excluded from the special arrangements for rustic and urban leases, and, in all case, will automatically end with the order of the City Council agreeing on the demolition or eviction to execute the urbanization projects. In these cases, the provisions of the fourth additional provision shall not apply.

Article 137. Off-order buildings.

1. Buildings and installations erected prior to the final approval of the urban planning that will result in disconformity with it shall be classified as out of order.

2. Unless otherwise provided for in the planning, other arrangements may not be made for consolidation, increase in volume, modernisation or increase in the value of the expropriation, but if the small repairs required by the system are not carried out. ornate and preservation of the building.

3. However, in exceptional cases, partial and circumstantial works of consolidation may be authorized where the expropriation or demolition of the farm is not foreseen within 15 years from the date on which it is intended. perform them.

4. When the design disconformity does not prevent the building on the same site of the building, the owner may demolish and rebuild the building subject to such planning.

5. In the assumptions of the previous number, tenants will have the right of return in the terms provided for in the fourth provision of this Act.

CHAPTER V

From direct application rules

Article 138. Adaptation to the environment.

Constructions will have to adapt, in the basic, to the environment in which they are located, and to this effect:

(a) Buildings in immediate places or forming part of a group of buildings of an artistic, historical, archaeological, typical or traditional character will have to harmonize with the same, or when, without any buildings, there would be some great importance or quality of the characters indicated.

b) In the places of open and natural landscape, be rural or maritime, or in the perspectives that offer the urban sets of historical-artistic, typical or traditional characteristics, and in the immediate vicinity of the roads and paths of picturesque paths, the situation, mass, height of the buildings, walls and closures, or the installation of other elements, limit the visual field to contemplate the natural beauties, break the harmony of the landscape or disfigure the own perspective of the same.

Article 139. Heights.

As long as there is no Plan or Urban Standard that authorizes it, it cannot be built with a height greater than three plants measured at each point of the site, without prejudice to any other limitations that may apply.

In the case of solar interlocked in nuclei or apples built in more than two-thirds, the City Councils will be able to authorize heights that reach the average of the buildings already built.

TITLE IV

Running the planning

CHAPTER I

General provisions

Article 140. Planning execution: Equation and legal duties.

The execution of the planning will be developed by the procedures established in the applicable urban legislation, which will ensure the equitable distribution of the benefits and burdens among the affected, as well as the compliance with the duties on the disposal of land for public endowments and those in which the use of the land is located for the administration, the cost and, where appropriate, the implementation of the urbanization.

Article 141. Competencies.

The implementation of the planning plans corresponds to the State, the Autonomous Communities and the local authorities in their respective spheres of action, without prejudice to the allocation of powers to specific and the participation of individuals in such enforcement under the terms laid down by applicable law.

Article 142. Execution budgets.

1. The execution of the planning requires the approval of the most detailed instrument required according to the type of soil in question.

2. The approval of general planning shall be sufficient in urban soil if it contains detailed planning. The approval of the appropriate Special Plan for Internal Reform or the Study of Detail will be required.

3. In the case of scheduled urban land, prior approval of the relevant sector's Partial Plan shall be required, without prejudice to Article 136.1.

4. In the unscheduled land area, only the approval of the Urban Action Programmes and the relevant Parcial Plans may be implemented.

5. The implementation of the general systems will be carried out either directly or through the approval of Special Plans.

Article 143. Exceptions to the performance by execution units.

The implementation of the urban planning will be carried out by means of the implementing units that are defined within each distribution area, except in the case of assistance in urban areas and in the case of directly run the general systems or any of their elements.

Article 144. Execution units.

1. The implementing units shall be demarcated in such a way as to permit the joint fulfilment of the duties of disposal, balance and urbanization of the entire area as set out in the applicable urban legislation.

2. In urban soil, the units of execution may be discontinuous. Where, even in such a way, they cannot be demarcated in certain areas of execution which permit the joint fulfilment of the basic urban duties referred to in the preceding number, they may be excluded from such a delimitation. their justification, land with lucrative use or intended for local public endowments, the holders of which shall be subject to the obligations laid down in Chapter III of this Title.

3. On scheduled land, all land, except general systems, where applicable, shall be included in units of execution.

Article 145. Requirements for the delimitation of execution units.

No execution units may be defined in which the difference between the total lucrative use of each unit and the difference resulting from the application of the type-use, where there is, on its surface, is higher 15 per 100 of the latter, except that, in urban land, planning justifies the impossibility of respecting this maximum difference.

Article 146. Procedure for delimiting execution units.

1. In urban soil the units of execution may be contained in the general planning or be delimited by the regulated procedure at the following number.

2. On scheduled land-planning, the delimitation of execution units, if not contained in the Plans, as well as the modification of those already defined where appropriate, shall be agreed, on its own initiative or at the request of the individual concerned, by the City Hall, prior to initial approval and public information procedures for a fortnight.

The rules on deadlines, subrogation and approval by silence as provided for in Articles 116 to 118 and 121 shall be observed in the processing of the projects for the delimitation of implementing units.

Article 147. Commercial companies for execution.

1. Local authorities and other public authorities may constitute commercial companies whose capital is wholly or partly owned by them, in accordance with the applicable law, for the implementation of the Management Plans.

2. The Administration may offer the subscription of a part of the capital of the Company to constitute all the owners affected without any invitation to tender. The distribution of that part of the capital between the owners who agree to participate in the Company shall be made in proportion to the area of their land.

CHAPTER II

Acting by running units

Section 1. General Provisions

Article 148. Performance systems.

1. The execution units shall be developed by the system of action chosen by the Administration in each case.

2. The action systems are as follows:

a) Compensation.

b) Cooperation.

c) Expropriation.

Article 149. Choice of performance system.

1. The choice of the performance system shall be carried out with the delimitation of the execution unit. The justified modification of the chosen system shall be carried out in accordance with the provisions of Article 146.2.

2. Where the system of compensation is established in the planning for a given unit of execution, its effective implementation shall require that, within the prescribed period of time, the owners representing at least 60 per 100 of the the area of the project, present the draft Statute and the basis for action, and the Administration must replace the system, in another case. Where the said system does not come into being in the planning, it shall be a requirement for the adoption of the same as the percentage of owners to request it in the process of public information of the procedure to delimit the unit of execution. Such an application, however, shall not bind the Administration which shall, in any event, decide as set out in the first paragraph of the previous Article.

3. Where a private management system has been established and the time limits laid down in the planning or, failing that, in Article 28.2 have elapsed for the performance of the duties of disposal, balance and urbanization, taken from the the delimitation of the relevant implementing unit, without such compliance having been produced, will be in line with the applicable urban legislation. It must ensure, in any event, the owners not responsible for the non-compliance with the rights attached to the execution of the planning or the urban assessment established in this Law for the alleged expropriation as a system of action.

4. In the absence of such legislation, the following rules shall be observed:

1. The Acting Administration will replace the system with another public management system.

2. The owners who, before the end of the established time limit, offer to deposit or to provide collateral for an amount equal to 25 per 100 of the costs of urbanization and management still outstanding and formalize the guarantees within the time limit and the amount that the Administration notifies them, will retain the right to acquire the corresponding urban development. The remaining owners shall be expropriated by the initial value of their land, except in the case of urban land, in which case the provisions of Article 52 shall apply.

3. If the replacement system chosen was the one of expropriation, the urban value for purposes of determining the justiprice of the plots whose owners will retain the right to acquire the urban development will be the 75 or 50 per 100 of the latter, according to the urban land classification of the soil.

Article 150. Lack of execution imputable to the Administration.

If the lack of execution of the Plan is imputable to the Acting Administration, the affected owners will retain their rights to initiate or continue the urbanizing and edifying process.

Article 151. Execution units with actual overuse.

1. Where the advantage permitted by the planning in a unit of execution exceeds those that are susceptible to appropriation by the set of owners included in the unit, the excess shall correspond to the current administration.

2. Such excesses may be used to compensate owners of land not included in implementing units affected by local allocations or general schemes. Such excesses may also be used to compensate owners with real use of less than the likely allocation to the area of distribution in which they are located.

3. The Administration or the owners identified in the preceding number shall participate in the development costs of the respective unit of execution in proportion to the appropriate leverage.

4. By way of derogation from paragraph 2, where all the owners of the unit of execution are in conformity, the acting administration may transmit to them the excess of actual use for the price resulting from its urban value. when the use of the land in the unit of execution is not suitable for the purposes of the Municipal Heritage of Soil. In this case, it shall also be possible to transmit such excess per swap with land located outside the execution unit with appropriate use for those purposes.

Article 152. Execution units with actual use less than the susceptible of appropriation.

1. Where the use permitted by the planning is lower than those eligible for approval by the set of owners, the burden of urbanisation in value equal to the value of the non-materializable use shall be reduced, with application in any case of Article 54, with the resulting difference being borne by the Administration.

2. If, by this reduction, the value of non-materializable uses cannot be fully compensated, the difference shall be made effective in other units of execution which are in a reverse situation or included in the same area of distribution or by means of the cash payment of their urban value, at the choice of the current administration.

Article 153. Compensation in certain actions.

In the municipalities in which the use of the type in urban land is not applied, when the performance of certain units of execution delimited in this class of soil is not presumably profitable, due to excessive the charges in relation to the limited use provided for the buildable areas, the City Council, within the framework of the provisions of the autonomous legislation, may authorize, without modifying the determinations of the Plan, a reduction of the the contribution of the owners to the same or a compensation by the Administration, ensuring that the costs of the performance are equated with those of other similar ones that have been viable.

Article 154. Fair distribution of benefits and burdens.

1. The duties and charges inherent in the implementation shall be the subject of fair distribution between the owners concerned, together with the benefits arising from the planning, in the form that the urban legislation establishes.

2. Where in the unit of execution there are goods of public domain and public use not obtained by free transfer, the urban exploitation corresponding to its surface shall belong to the Administration of those.

In the case of obtaining by free transfer, when the areas of the previously existing public domain and public use goods are equal or lower than those resulting from the execution of the Plan, They will be replaced by others. If they are higher, the Administration shall receive the excess, as appropriate, in buildable land.

Article 155. Urbanization costs.

1. The costs of urbanization to be borne by the affected owners include the following concepts:

(a) The cost of the works of viability, sanitation, water and electricity supply, public lighting, trees and gardening, which are foreseen in the plans and projects and are of interest to the unit of execution, without prejudice to the right to reintegrate the costs of installation of the water and electricity supply networks from the undertakings to be provided by the services, unless the party to be contributed by the users in accordance with the rules of those, without prejudice to the provisions of Article 30 of the Law on the Rules of Law Local.

(b) Indemnities resulting from the demolition of buildings, destruction of plantations, works and installations requiring the execution of the plans.

c) The cost of partial plans and urbanization projects and expenses incurred by compensation and repair.

2. The payment of such expenses may be made, subject to agreement with the owners concerned, giving these, free of charge and free of charge, building land in the proportion deemed sufficient to compensate them.

Article 156. Additional loads in the Urbanistic Take Action Program.

In addition to the limitations, obligations and burdens referred to in Article 18.2, the successful tenderers for the implementation of an Urban Action Programme shall be responsible for the external infrastructure works on which they are responsible. support for action, with a proper link with the road networks and services that are part of the structure of the municipality in which the Programme is developed.

Section 2. th Compensation System

Article 157. The compensation system.

1. In the system of compensation, the owners provide the land of compulsory cession, they carry out at their cost the urbanization in the terms and conditions that are determined in the Plan or Program of Urban Action and are constituted in Junta de Compensation, unless all land belongs to a single holder.

2. The Statutes and the Board of Compensation's Board of Directors shall be approved by the Acting Administration. To this end, owners representing at least 60 per 100 of the total area of the unit of execution shall submit to the Administration the relevant provisions of the Statute and Bases. The deadline for agreeing on the initial appropriation will be three months from the submission of the complete documentation. After this period has elapsed without the relevant agreement falling, the Autonomous Community shall act by subrogation at the request of the parties concerned, with the initial approval period being the same as that indicated for the managing authority, from the submission of the application to the regional body.

Prior to the final approval, the other owners will be given a hearing, for a period of 15 working days. The Statutes and Bases shall be deemed to have been approved if three months have elapsed since their initial approval, without which, by the Acting Administration, or by the Autonomous Community, express resolution has been communicated, of course, the compliance processing of public information.

3. The corresponding Compensation Project shall be formulated by the Board in accordance with the provisions of the Board of Directors. For the definition of rights contributed, valuation of the resulting properties, rules of award, approval, effects of the approval agreement and registration of the aforementioned project will be in the provisions for the repair. However, by unanimous agreement of all the parties concerned, different criteria may be adopted, provided that they are not contrary to the applicable law or planning, nor are they harmful to the public interest or to third parties.

Article 158. Compensation Board.

1. The owners of the enforcement unit who have not applied for the system may be incorporated with equal rights and obligations to the Board of Compensation, if they have not done so at an earlier time, within a period of one month, from the date of final approval, on the basis of the notification of the approval agreement of the Statutes and Bases of action of the Board. If they do not do so, their farms will be expropriated in favor of the Board of Compensation, which will have the legal status of beneficiary.

2. They will also be able to join the Board of Urban Business Companies that will have to participate with the owners in the management of the execution unit.

3. The Board of Compensation shall have administrative nature, legal personality and full capacity for the fulfilment of its purposes.

4. A representative of the Acting Administration shall be part of the governing body of the Board, in any case.

5. The Compensation Board's agreements shall be made available to the Acting Administration.

Article 159. Board of Compensation and Land Transmission.

1. The incorporation of the owners to the Board of Compensation does not presuppose, except that the Statutes dispute otherwise, the transmission to the same of the buildings affected to those resulting from the common management. In any event, the land shall be directly affected by the fulfilment of the obligations inherent in the system with annotation in the Land Registry in the form set out in Article 310.

2. The Compensation Boards shall act as trustees with full power over the farms belonging to the owners of the members, without any limitations other than those laid down in the Statutes.

3. The transmission to the corresponding Administration, in full and free of charge, of all the land of compulsory cession will take place by Ministry of Law with the definitive approval of the project of compensation.

4. The transmissions of land that are carried out as a result of the formation of the Board of Compensation for the contribution of the owners of the unit of execution, in the event that the Statutes are disputed, or by virtue of expropriation (a) forcible purposes, and the award of solar contracts which are carried out in favour of the owners of such boards and in proportion to the land incorporated by them, shall be exempt, on a permanent basis, if they satisfy all the requirements urban development, the Tax on Inheritance Transmissions and Documented Legal Acts, and will not have the consideration of domain transmissions for the purposes of the Tax on the Increase in the Value of the Land of Urban Nature. Where the value of the solar energy awarded to an owner exceeds the value of the land in proportion to the land provided by the owner, the excess amounts shall be rotated.

Article 160. Responsibility of the Board and obligations of its members.

1. The Board of Compensation shall be directly responsible, in front of the competent authority, for the complete urbanization of the unit of execution and, where appropriate, for the construction of the resulting solar systems, where this has been established.

2. Failure by the members of the Board of the obligations and burdens imposed by this Law will enable the Acting Administration to expropriate their respective rights in favor of the Board of Compensation, which will have the benefit legal.

3. In the case of the preceding number, the value for the land shall be the initial value, except in the case of urban land, in which case the provisions of Article 52 shall apply.

4. The amounts owed to the Board of Compensation by its members may be required by way of award, upon request of the Board to the Acting Administration.

Article 161. Abbreviated procedure.

1. The owners included in a unit of execution, by unanimous agreement, may submit jointly to the processing of the projects of Statutes, Bases of Action and of Compensation; and, if necessary, Project of Urbanization.

2. Once the aforementioned projects have been definitively approved by the Acting Administration, within one month of the notification of such an agreement, the Board's constitution shall be made.

Section 3. Cooperation System

Article 162. The system of cooperation and repair.

1. In the system of cooperation, the owners provide the land of compulsory cession and the administration executes the works of urbanization with charge to them.

2. The implementation of the cooperation system requires the repair of the land covered by the enforcement unit, unless it is unnecessary to make the distribution of the benefits and charges sufficiently equitable.

3. Administrative associations of owners may be established, either on the initiative of the owners or of the City Council itself, in order to collaborate in the execution of the works of urbanization.

Article 163. Urbanization costs.

1. The costs of urbanization will be distributed among the owners in proportion to the area of their respective land. However, the distribution of the urbanisation costs referred to in Article 155.1 shall be made in proportion to the value of the farms allocated to them in the repair or, in the event of the lack thereof, in proportion to the use of their respective farms.

2. The Acting Administration may require the owners concerned to pay amounts on account of the costs of urbanisation. These amounts may not exceed the amount of the investments planned for the next six months.

3. The Acting Administration may also, where circumstances advise, agree with the owners concerned to defer payment of the costs of urbanisation.

Article 164. Repair.

1. The group of farms included in the unit of execution shall be deemed to be repaired for its new planning adjusted division, with the allocation of the resulting parcels to the persons concerned in proportion to their respective rights.

2. The purpose of the repair is to distribute fairly the benefits and burdens of the urban planning, to regularize the configuration of the farms, to place their use in zones suitable for the construction according to the planning and to locate on certain parcels and in those same areas, the use which, where appropriate, corresponds to the current administration.

3. Building licences may not be granted until the approval of the repair of the unit of execution is signed on an administrative basis.

Article 165. Procedure for the repair.

1. The repair file shall be deemed to be initiated upon approval of the delimitation of the execution unit, except in the following cases:

a) That the system of expropriation or compensation for the execution unit would have been chosen.

b) That the repair has been processed and approved in conjunction with the delimitation itself.

2. The initiation of the repair file shall carry, without the need for an express declaration, the suspension of the granting of parcelation and building licenses in the scope of the unit of execution.

3. The petitioners of licences requested prior to the date of initiation of the repair file shall have the right to be resarched in the manner set out in Article 102.5.

4. The repair project will be formulated:

(a) By two thirds of the owners concerned representing at least 80 per 100 of the area fixed within three months of the approval of the delimitation of an execution unit. For the purposes of calculating these majorities, the surfaces of the ground outside the unit of execution shall be taken into account, the owners of which must make their right in this unit effective.

(b) By the City Council, either on its own initiative or at the request of any of the owners concerned, where they have not made use of their rights or have not, within the period prescribed for them, failed to remedy the defects which have been appreciated in the project that you will formulate.

Draft drafts of trade will seek to comply with the criteria expressly stated by the interested parties within three months of the approval of the delimitation of the unit of execution.

5. The projects will initially be approved by the City Council within three months from the submission of the complete documentation. After this period has elapsed without the relevant agreement falling, the Autonomous Community shall act as a subrogation when requested by the parties concerned, the initial approval period being the same as the time limit for the holder's administration, count from the submission of the application to the Autonomous Authority.

6. Prior to the final approval, the project will be submitted to the public for a month, with personal summons to the interested parties. The draft shall be deemed to have been approved if three months have elapsed since the completion of the public information procedure before the City Council or the Autonomous Community, without any express resolution on such approval.

7. If a project submitted by any interested party, without the conditions set out in this article, is not satisfied, the City Council or the Acting Administration shall be entitled to the agreement, subject to a report of the corresponding services. their initial approval and subsequent processing are agreed.

Article 166. Rules for repair.

1. In any case, the repair project will take into account the following criteria:

(a) The owners ' right shall be proportional to the area of the respective parcels at the time of the approval of the delimitation of the execution unit. However, the owners, acting unanimously, may adopt a different criterion.

(b) For the determination of the value of the rssultant plots, the basic of the impact shall be considered with the corrections which, in accordance with the provisions of Article 53, are in force, provided that they are fixed would have done based on the plan running.

In another case, the aforementioned plots will be valued according to the actual use, with application, where appropriate, of the weighting coefficients assigned to the various uses and building typologies, as well as criteria correctors by location and characteristics of the land in order to build them if they represent a relevant differential data.

(c) plantations, works, buildings, installations and improvements which cannot be preserved shall be assessed independently of the soil, and their amount shall be met by the owner concerned, with the project as a cost of urbanization.

d) The development works not contrary to the planning in force at the time of their realization that are useful for the execution of the new plan will also be considered as works of urbanization with charge to the plan, the amount to be met by the holder of the land on which they were made.

(e) In the cases referred to in paragraph (d), if the costs are useless, according to the planning in implementation, in the terms laid down in Article 241, they shall give rise to compensation by the Administration.

f) The entire area eligible for private use of the implementing unit which does not affect public procurement should be awarded to the owners concerned, in proportion to their respective rights. in the repair.

The alternative or complementary economic compensation for award differences which, where appropriate, will be established on the basis of the average price for the sale of the resulting parcels, excluding the costs of urbanization.

(g) It shall be ensured, wherever possible, that the farms awarded are located in close proximity to that of the former properties of the same holders.

2. In no case may areas lower than the minimum buildable plot be awarded as independent farms or do not meet the appropriate configuration and characteristics for building in accordance with the planning.

3. No new award shall be made, the original properties being retained, without prejudice to the regularisation of borders, where necessary and the economic compensation provided for:

a) The land built according to the planning.

b) Land with construction not adjusted for planning, when the difference, in more or less, between the use corresponding to the plan and the one which would correspond to the owner in proportion to its right in the repair, be less than 15 per 100 of the latter, provided that they are not intended for uses incompatible with urban planning.

Article 167. Effects of the approval agreement of the repair.

The approval agreement of the repair project will produce the following effects:

(a) Transmission, to the corresponding Administration, in full and free of charge, of all the land of compulsory cession for its incorporation to the patrimony of the soil or its affectation to the intended uses in the planning.

b) Subrogation, with full real effectiveness, of the old ones by the new plots, provided that their correspondence is established.

(c) Actual impact of the parcels awarded to the fulfilment of the charges and payment of the costs inherent in the relevant system of action.

Article 168. Extinction or transformation of rights and charges.

1. Where the actual subrogation does not take place, the agreement approving the repair will result in the extinction of the actual rights and charges constituted on the estate provided, running in charge of the owner who provided the compensation the amount to be fixed in the said agreement.

2. In the case of actual subrogation, if there are actual rights or charges which are deemed incompatible with the planning, the approval of the repair shall declare its extinction and fix the corresponding compensation in charge of the respective owner.

3. There is real subrogation and compatibility with urban planning, if the situation and characteristics of the new farm were incompatible with the subsistence of the real rights or burdens that would have to be borne on them, the people that these rights or charges may be paid for their conversion into a credit claim with a mortgage guarantee on the new farm, in the amount in which the charge is valued. The Registrar of the Property that appreciates such incompatibility will record it in the respective seat. By default of agreement between the parties concerned, any of them may go to the competent court of civil order to obtain a declaration of compatibility or incompatibility and, in the latter case, to fix the assessment of the the burden and the constitution of the said mortgage guarantee.

4. By way of derogation from the provisions of Nos 1 and 2, the compensation for the extinction of the pre-dials or lease rights incompatible with the planning or its execution shall be considered to be urbanisation costs, corresponding to the owners in proportion to the area of their respective land.

Article 169. Agreement registration and incompatible charges.

Once the final approval agreement for the repair is signed, the registration of the Property shall be registered in the form set out in Article 310.

Article 170. Adjudication of land and supplication of the rules of compulsory expropriation.

1. Awards of land to which the repair is carried out in favour of the owners falling within the relevant unit of execution, and in proportion to their respective rights, shall be exempt on a permanent basis; If they comply with all the urban requirements, the Tax on Proprietary Transmissions and Documented Legal Acts, and they will not have the consideration of transmissions of domain for the purposes of the Tax on the Increase of the Value of the Terrain of Urban Nature. Where the value of the solar energy awarded to an owner exceeds the value of the land in proportion to the land provided by the owner, the excess amounts shall be rotated.

2. The rules of compulsory expropriation will be applied to the repair of the land.

Section 4. Expropriation System

Article 171. Expropriation as a system of action.

1. The expropriation shall be applied as a system of performance by complete units of execution and shall comprise all the goods and rights included therein.

2. Where the execution of the planning is carried out by the system of expropriation, the delimitation of the units of execution shall be accompanied by a relationship of owners and a description of the goods or rights concerned, written with the provisions of the Compulsory Expropriation Act.

Article 172. Forms of management.

When expropriation is established as a system of performance for an enforcement unit, the forms of management that can be used by local legislation and are more appropriate for the purposes of urbanisation and Planned building in the planning.

Article 173. Justicpricing.

The expropriation of land included in a unit of execution to be carried out by the expropriation system shall be determined according to the urban value, in accordance with Articles 59 and 60, without deduction or any addition.

Article 174. Release of expropriations.

1. In the application of the system of expropriation, the expropriating bodies may, exceptionally, release from it, by means of the appropriate conditions, certain goods of private or property ownership.

2. In no case shall the release be agreed upon if the expropriation is motivated by the non-compliance with urban duties.

Article 175. Release requirements.

1. If the expropriating body considers the request for release to be justified, it shall inform the owner of the goods affected by the release of the conditions, terms and proportion in which it shall be linked to the urban management. The guarantees for the event of non-compliance shall also be fixed. In any event, the beneficiary shall be subject to the fulfilment of the basic duties set out in this Law.

2. Accepted by the owner the conditions laid down, the expropriating body, after opening a period of public information of 15 days, will dictate the corresponding resolution, which will be published in the corresponding "Official Gazette". If this resolution is issued after the payment and occupation of the goods to be released, the prior reversal of such goods shall be agreed in favour of the holder.

3. If the expropriating is not the City Council, the release shall, in any case, require compliance with it.

Article 176. Failure of the owner of the goods released.

Non-compliance with the basic urban duties established in the release of the owners of the released goods will determine the expropriation for non-compliance with the social function of the property. or, where applicable, the exercise of the award path.

Section 5. Implementation of Urban Action Programmes

Article 177. Competitions for the formulation and implementation of urban planning programmes.

1. The local authorities may, on their own initiative or at the request of a party, call for tenders for the formulation and implementation of urban planning programmes, in accordance with the determinations and criteria which, to this end, indicate the plan. General.

2. The bases of the contest shall indicate the zones suitable for the location of the performances, the magnitude of the areas urbanizable, the minimum requirements of the planning in relation to the determinations and criteria that to these effects establish the General Plan, with a view to the general uses to which the action is intended, the determinations on programming provided for in this Law, the guarantees and penalties in the event of non-compliance and the other circumstances that set out the referred to.

3. The bases shall also specify the other obligations to be taken by the successful tenderers in respect of the implementation of the programme, which shall include at least the following:

(a) Free transfer to the local authority of the land for public funding.

(b) Construction of the entire road network of the area of action and of the water and electricity supply, sanitation, lighting and other services networks which, where appropriate, are provided for.

(c) Construction of the necessary connections on the outside of the area of action, with the networks referred to in the previous paragraph.

d) Forecast and implementation of adequate allocations to the dimensions and purpose of the action which, in the case of residential use, will consist, at least, in the creation of public green spaces and in the construction of educational, social and commercial centers.

e) The assignment of the land in which the use corresponding to the Administration is located, which may be higher than that established in general in this Law.

f) The maximum sales or rental prices of the buildings, when on the bases themselves so required.

Article 178. Award.

1. The base will be written and approved by the Entity that calls the contest.

2. The contestants, when formulating their offers, must present planning advances.

3. The award of the contest shall be awarded by the same Entity that convened it.

4. The act of award of the contest shall determine the applicable system of action and approve the progress of planning submitted by the selected contestant for the purposes of Article 103, with the amendments which, if necessary, procedures.

5. In any event, the presentation of the planning advance shall not limit the powers of the Administration with respect to the approval of the Urban Action Programme and partial plans to develop it.

Article 179. Drafting of the Urban Action Programme.

Awarded the contest, the selected contestant will proceed to draft the corresponding program of action according to the advance of planning approved and subject to the determinations provided in the article 82.

Article 180. Formulation and direct implementation of the urban planning programmes.

1. According to the forecasts of the General Plan, and without the detriment of the programmes in the established, the local authorities will be able to formulate and execute directly urban action programmes without, in this case, the necessary call for tender.

2. In addition, urban development programmes may be formulated and implemented without prior call for tenders in the case of urbanisation of land for installations of relevant activities or of particular economic importance and (a) the body to be determined by the autonomous legislation or, failing that, the higher executive body of the collegiate nature of the Autonomous Community, subject to a report by the local authorities concerned and the opinion of the Council of State or equivalent autonomous body. The agreement shall determine the obligations to be fulfilled by the successful tenderer in relation to what is set out in Article 177.3.

Article 181. Direct formulation and contest for execution.

If the local authorities have directly formulated urban action programmes, they may call for competitions for the execution and development of the same, subject to the laws and regulations governing their respective competences. The bases of the corresponding contest shall be in accordance with the provisions of Article 177.3.

Article 182. Implementation of the urban planning programmes.

Urban action programmes shall be implemented by the compensation system if the successful tenderer holds ownership of the land for cooperation or for the land of expropriation, corresponding to the successful tenderer. legal beneficiary. The determination of the system shall be made by the Administration in the manner provided for in this Law.

Article 183. Public utility and need for occupancy.

In any case, the approval of the program of urban planning will involve the declaration of public utility and the necessity of the occupation, for the effects of forced expropriation, of the necessary land for the link of the zone of action with the corresponding elements of the general systems.

Article 184. Failure to fulfil obligations by the successful tenderer.

1. Failure to comply with the obligations of the successful tenderer shall entitle the Administration to the resolution of the Convention and to declare the programme of urban action to be expired in respect of the pending part of the implementation, without prejudice to the measures which have been taken, established at the basis of the competition.

2. The successful tenderer is subject to the measures of expropriation or forced sale for non-performance of duties provided for in this Law.

CHAPTER III

Urban soil assistance actions

Section 1. Profit Transfers

Article 185. Adjustment of leverage.

In urban land, when no execution units are performed, the adjustment between the appropriation and the actual permitted by the planning will occur in the regulated form in this area. chapter.

Article 186. Deadline for the license request.

The application for a building license must be submitted within two years, from the acquisition of the right to the urban development, unless the planning establishes another. At the time of the application, the corresponding parcel must have the status of solar or guarantee its simultaneous urbanization, proceeding, in another case, its expropriation or forced sale.

Article 187. Embodiments.

If the permitted use of the plot exceeded the ownership of the property by its holder, only such excess may be materialised through any of the following procedures:

(a) The holder may, by means of a transfer agreement, take the necessary advantage of another owner whose use is more than the real estate assigned to his or her parcel not included in the execution. It may also acquire such owner-uses whose land is affected by local public endowments and not included in an enforcement unit.

In addition, both owners will be able to reach an agreement to distribute the use of the land with excess real use.

(b) The holder may directly purchase from the Administration the necessary leverage.

(c) The holder may assign to the Administration other land of his property affections to general systems or local endowals not included in units of execution.

Article 188. Plot with profit making zero or less than the patrimonializable.

1. If the actual profitable use of the plot is void because it is affected by public endowal use, the corresponding appropriation may be the subject of a transfer or distribution agreement with the owner that is located in reverse or direct sales to the Acting Administration.

2. If the actual profitable use of the parcel is less than the corresponding appropriation, the difference between the two may be the subject of the transfer, distribution or sale agreements referred to in the previous. In the absence of these agreements, the use of non-materializable appropriation must be expropriated by the administration before the next review of the programme of action of the General Plan, provided that at that time, execution of this plan, the corresponding parcel or the required building license would have been built.

3. If the action programme has been revised, the expropriation shall not have been carried out, the provisions of Article 202.2 of this Law shall apply.

Article 189. Project with better use of the patrimonializable.

1. If the project submitted for obtaining a building license was in accordance with the planning and planning, but the applicant does not have the necessary urban advantage to exhaust the intended use, the Administration, with the suspension of the deadline to resolve the issue, will notify the interested party of this circumstance, giving him a period of six months to prove that he has reached, by agreement of transfer, distribution or direct purchase, the necessary leverage.

2. After this period has not been established, the applicant shall submit a new draft adjusted for the benefit to which he is entitled, within a further period of six months.

3. The provisions of the preceding numbers shall not govern the cases referred to in Article 191.

Article 190. Project that does not exhaust real use.

1. When, in order to obtain a building license, it is established that the project is adjusted to the advantage that can be appropriated but does not exhaust the actual urban development of the plot, the Administration will communicate this circumstance to the interested, giving him a period of six months to allow, prior to the agreements of transfer, distribution or direct purchase of the use, to present a project that will make use of it.

2. By way of waiver of the submission of the project or after that period without this being produced, the grant of the license shall be granted in accordance with the project initially submitted.

3. The provisions of the preceding numbers shall not govern the cases referred to in the following

.

Article 191. Adjustment in case of minimum height or volume conditions.

1. Where the planning establishes, for a given area, urban conditions of volume or heights with the character of the minimum and the project submitted for obtaining a licence, it shall not reach them or reach them, exceed the The administration will require, in the first case, the presentation of a new project adjusted to those, adding, if necessary, the use of the applicant's parcel, added, if necessary, to those acquired in accordance with Article 187. urbanistic that the applicant has to acquire, and only the latter in the second.

2. The provisions of the preceding number will also apply in those areas where the City Council, having noted a notorious mismatch between the actual and the materialised by the applicants for licences, agrees. For the adoption of this agreement, the procedure for the delimitation of execution units should be observed.

Article 192. Coactive enforcement of the transfer.

1. If, within six months of the request, the acquisition of the necessary use is not credited or the amount fixed and, where appropriate, the new project for obtaining the purchase of the goods is not credited, the The administration will, in another period of equal duration, decide on the co-active imposition of the transfer of the use or the expropriation of the parcel by the urban value corresponding to the appropriation by the holder.

2. The consolidation shall take place where there is disagreement over the amount of the leverage to be acquired or its valuation.

Article 193. Transfers and location of parcels.

1. In the transfer of the use of the administration, account must be taken of the urban planning value of the location of the parcel concerned.

2. Where the transfer takes place between different parcels, account shall be taken of the urban value, according to its location, of the parcels of provenance and destination to establish appropriate correspondence.

Section 2. The Administration's Mediating Intervention in the Transfer of Use

Article 194. Acquisition of leverage by the Administration.

1. In order to facilitate the execution of the planning, the Acting Administration may acquire the availables that may be appropriated by the ownership of a parcel that is not capable of materializing on the same, because of its value urbanistic.

2. The payment may be made in cash or, provided that it has been agreed with the person concerned, on land or by means of taking advantage of certain parcels.

Article 195. Transfer of leverage.

With the purpose expressed in the previous article, the Administration, at the request of the owners of plots whose actual use exceeds the eligible purchase, must transmit the necessary its complete materialisation at the price resulting from the application of the urban value as set out in Article 53.

Article 196. Offers of acquisition or transmission.

1. The Acting Administration may, in accordance with the provisions of the foregoing Articles, formulate the offers of acquisition or transfer of urban advantage in good time to enable the building to be simultaneously produce the readjustment between real and potential appropriation.

2. Transfers of benefits may be imposed on a co-active basis in the cases referred to in Article 192.

Section 3. Registration of Harness Transfers

Article 197. Record of Transfers and Ensignable Acts.

The City Councils shall establish a Register of Transfer of Provings in which the following acts shall be entered, at least:

(a) The arrangements for the disposal or distribution of urban land use made between private individuals, which must be stated in public documents.

(b) Purchase, sale or transfer agreements for any title of urban benefit concluded between the Acting Administration and the private individuals.

c) Co-active transfers of urban land use.

Article 198. Registration of Transfers and Land Registry.

1. You will not be able to register in the Register of the Property act or agreement of transfer of urban advantage without it being credited, by the appropriate certification issued to the effect, its previous registration in the Registry of Transfers

a)

2. In any case, for the registration of the Transfer of Advantage transfers, the registration of the parcel or parcels to which the transfer relates, requiring, in the event of the existence of charges, the registration of the parcel shall be established. compliance of the holders of these.

CHAPTER IV

Obtaining the dotational Grounds

Article 199. Urban land with type use.

1. Land intended for general systems attached to or on urban land shall be obtained:

(a) When they are included in areas of distribution, by means of the procedures provided for in the urban legislation linked to the delimitation of integration in units of execution and, failing that, by expropriation or occupation direct.

b) When excluded from such areas, by means of expropriation or direct occupation.

2. Land destined for public endowments of a local character not included in units of execution shall be obtained:

(a) By means of the transfer, pursuant to the corresponding transfer, sale or distribution agreement, of the urbanistic exploitments which may be acquired by the holder in accordance with the provisions of Article 27. The registration of the said agreement in the Registry of the Property, preceded by the one that is practiced in the Transfer of Advantage, will produce the automatic admitation of the land destined for the allocation to the Cmpetente Administration for the implementation of the use in question.

(b) In effect of the previous procedure, or of which, pursuant to Article 29, 1, (b), establishes the applicable urban legislation, by means of expropriation or direct occupation.

Article 200. Urban land with no use.

In municipalities where the provisions on the delimitation of areas for the distribution and calculation of the use in urban land, the general systems attached, or on urban land and local endowments should not apply. included in this and excluded from the units of execution, shall be obtained by expropriation or by free transfer to the account of execution units with excess use in land-based land.

Article 201. Scheduled urbanizable soil.

The procurement of land destined for general systems attached to, or on scheduled land, will be produced by direct occupation or by expropriation.

Article 202. Expropriation.

1. The expropriation or direct occupation of the general systems attached, or on urban land and of the local envelopes excluded from the unit of execution in urban land, must take place before the next review of the action programme of the General Plan.

2. After the period referred to in the preceding number without having been taken into effect the expropriation or direct occupation of the holder of the goods or his successors shall warn the competent authority of its intention to initiate the the case file, which may be carried out by the Ministry of Law, if another two years elapse from the time of the warning.

To this effect, the owner may present the corresponding sheet of appreciation, and if they trancurrieren three months without the Administration accepting it, he may be able to go to the Provincial Jury of Expropriation or the equivalent Authority, which The Court of Justice shall determine the right to be established in accordance with the criteria of this Law and in accordance with the procedure laid down in Articles 31 et seq. of the Law on Compulsory Expropriation.

3. For the purposes of the foregoing paragraph, the valuation shall be understood as referring to the time of the initiation of the case file by the Ministry of Law and the interest on late payment shall be payable from the filing by the owner. of the corresponding assessment.

4. The urban land use shall be taken into account for the determination of the justiprice in urban land as referred to in Article 32.1, or 75 per 100 of the allocation area in which the field is included. In land-based land, the land shall be assessed by application to its area of 50 per 100 of the type of use of the distribution area in which it is located.

5. In the case of the expropriation of general systems attached, or on land, the Administration shall be integrated, with the character of the subrogated, in the units of execution to which the corresponding area has been assigned or assigned for management purposes.

Article 203. Direct occupancy.

1. It is understood by direct occupation to obtain land affected by the planning to public endowments by recognizing its holder of the right to be integrated in an execution unit with excess of real use.

2. Direct occupation shall require the prior determination by the Acting Administration of the urbanistic advantage to be acquired by the holder of the land to be occupied and of the unit of execution in which, to exceed its actual use of the appropriate property by the set of owners initially included in the appropriate use, as provided for in Article 151.2.

3. The application of this method of obtaining a dottational land must conform to the procedure that is determined in the urban legislation, with respect, in any case, of the following rules:

1. The relationship of the affected land and owners will be published, urbanistic uses corresponding to each of these and unit or units of execution where they will have to make their rights effective and will be notified to the owners affected by the planned occupation and the other concurrent circumstances.

2. The occupation may only be carried out after the period of one month from the notification and at that time the minutes shall be drawn up, at least:

a) Place and date of grant and determination of the Acting Administration.

b) Identification of the holders of the occupied land and the status of the land.

c) Occupied surface and urban land use that correspond to them.

d) Execution unit where these leverage will be effective.

3. The actions with the Prosecutor's Office shall be understood in the case of unknown, non-comparative, untrained owners who represent them or when they are litigious property.

4. The acting body shall issue in favour of each of the owners of the occupied land the certification of the ends referred to in the previous rule

.

5. A copy of such certification, accompanied by the corresponding plan, shall be forwarded to the Land of Property to register the area occupied in favour of the Administration in the terms that are regulated.

6. At the same time as the registration referred to in the previous number, the independent registration will be opened to the urban development corresponding to the property occupied according to the certification, and to this portfolio will be transferred the inscriptions of domain and other actual rights in force on the farm prior to the occupation.

Article 204. Compensation for temporary occupation.

1. The owners affected by these occupations will have the right to be compensated under the terms set out in Article 112 of the Compulsory Expropriation Act, for the period of time from the occupation of their land to the definitive approval of the corresponding redistribution instrument.

2. After four years from the occupation without the final approval of the said instrument, the persons concerned may carry out the warning referred to in Article 202.2, with the power to initiate the the case file, after six months after that warning.

Article 205. Compulsory and free disposal of endowments in the unit of execution.

1. The land concerned with local public endowments included in the unit of execution are compulsory and free of charge.

2. The cession will be produced, by law ministry, with the definitive approval of the redistributive instruments of loads and benefits.

3. The land concerned with endowments, not obtained by expropriation, shall be assigned by the Ministry of Law to the Administration responsible for the implementation of the use in question.

The direct occupation and transfers of urban land use will not be applicable for the obtaining of land in the urban land of those municipalities where, in this kind of soil, they do not have to govern the provisions on the delimitation of distribution areas and the calculation of type-use.

TITLE V

Expropriations and Forcible Sale Regime

CHAPTER I

General Provisions

Article 206. Expropriatory assumptions.

1. Expropriation shall apply:

a) When this system is set for the corresponding execution unit.

(b) For the implementation of the general systems attached, or on urban land, as well as the local envelopes included in it and excluded from execution units where they are not obtained by means of transfers Aprovacements.

(c) For the early procurement of land for general systems attached to, or on land, urbanizable.

d) For the constitution or application of the Municipal Heritage of Soil or other public land assets.

(e) For the purpose of obtaining land for the purpose of planning for the construction of housing for official protection or other public protection arrangements, as well as for other uses expressly declared to be of social interest.

f) For non-compliance with the social function of the property.

g) In other legally intended assumptions.

2. The expropriation for the purposes referred to in paragraphs (d) and (e) of the preceding number, on scheduled land-based land, shall be possible before the partial planning is approved and, in the case of the latter paragraph, only if the destination is the housing construction, will require its inclusion in the relevant public policy programme.

Article 207. Expropriations for non-compliance with the social function of the property.

Expropriation for non-compliance with the social function of the property will apply:

(a) For failure to comply with the time limits laid down for the urbanization of the land and its construction or, in general, the basic duties laid down in this Law, when the application of the sales regime is not chosen forcible.

(b) In the case of illegal parking on unscheduled or unscheduled land, in which case the amount of the fine to be imposed shall be deducted from the case.

Article 208. Execution of the building in cases of expropriation for failure to build.

1. Within six months of the date of the removal of parcels for non-compliance with the duty to build, the Acting Administration must resolve the way in which the building is carried out. It shall be initiated within one year from the date of the said resolution.

2. To this end, direct or concortical management procedures are to be adopted, and, provided that the urban planning has assigned them a residential use, the corresponding land will have to be allocated to the housing. protection of a public protection regime.

3. Failure to comply with the time limits laid down in number 1 shall determine the subjection of the land to the forcible sale regime and must be included in the Register of Solares and Terrain without Urbanization, with the expression of the expropriatory Justiprice paid.

Article 209. Expropriable surfaces.

1. The areas of influence and even the entire sectors identified in the Plan shall be considered to be expropriable.

2. If, for the regularization or formation of apples or free spaces, it is necessary to remove any patio, street or square or portion thereof, the farms with facade or direct lights on those, at the request of the owners, shall be expropriated.

Article 210. Public domain goods and expropriation.

1. Where, on the surface of expropriation, public domain goods exist and the destination of the goods according to the planning is different from the one that caused their affectation or attachment to the general use or the public services, it shall be followed, where appropriate, the procedure provided for in the relevant legislation for the demanial mutation or disaffection, as appropriate.

2. Rural roads which are covered by the area under expropriation shall be understood as municipal property, unless otherwise specified. In terms of the urban routes that will disappear, they will be understood to be fully transmitted to the Expropriating Body and subrogated by the new ones resulting from the planning.

Article 211. Constitution of easements.

1. Where the expropriation of the domain is not necessary for the execution of a Plan and the constitution of a serfdom on the same shall be sufficient, provided for by private or administrative law, it may be imposed, if no agreement is reached with the owner, in accordance with the procedure of the Compulsory Expropriation Act, by means of the following requirements:

(a) Authorization of the Provincial Planning Commission or competent regional body.

(b) Not to exceed the compensation which shall be paid out of half the amount of which it would be necessary to satisfy for the absolute expropriation.

2. Where private easements have been modified or removed because they are in contradiction with the provisions of the Plan, they may be expropriated in accordance with the procedure laid down in that Law.

3. The administrative acts of constitution, modification or forcible extinction of easements shall be entered in the Register of Property, in the form provided for the minutes of expropriation.

Article 212. Prohibition of constructions on land to be expropriated.

On the surface of expropriation, no construction or modification of the existing ones can be carried out, except in specific and exceptional cases, prior to the express authorization of the Expropriating Agency, which, if not City Hall, will communicate it to this one for the purpose of granting the appropriate license.

Article 213. Modalities for the management of expropriation.

1. Local Entities may promote, for the management of expropriations, the associative modalities with other Public Administrations or individuals, in accordance with local and urban planning legislation.

2. For the best purpose of the purpose expressed in the previous number, they may also entrust the exercise of the expropriation power to other Public Administrations.

3. The provisions of the foregoing numbers shall be without prejudice to the powers expressly granted by law to certain public authorities in the field of expropriation.

Article 214. Beneficiary of expropriation.

Will have the consideration of beneficiaries of the expropriation of natural or legal persons subrogated in the faculties of the State, Autonomous Communities or local entities for the execution of Plans or works determined.

Article 215. Application of the general legislation of forced expropriation.

In all the non-expressly provided for in this Law, the general legislation of compulsory expropriation will apply.

Article 216. Determination.

The justipricing of expropriated property and rights shall be determined in accordance with the provisions of Title II of this Law.

Article 217. Payment of the Justiprice for the award of land.

In the expropriations not motivated by the non-performance of urban duties, the Acting Administration will be able to satisfy the Justiprice by the award of equivalent land located in the same area of distribution as the expropriated. Land outside that area may also be awarded by agreement with the affected area.

CHAPTER III

Procedure

Article 218. Applicability of the joint assessment procedure.

In all the expropriations arising from the application of the urban legislation, the Acting Administration may apply the joint valuation procedure in the following articles, or follow the expropriation individually, in accordance with the Compulsory Expropriation Act procedure.

Article 219. Processing of the joint assessment procedure.

1. The expropriation file, in the cases of the joint assessment procedure, shall contain the following documents:

a) Determination of the territorial scope, with the documents that identify it in terms of situation, surface and boundaries.

b) Pricing with the reasoned classification of the soil, according to its urban classification.

c) Individual Justiprice Sheets for each farm, in which they will contain not only the value of the land, but also the corresponding to the buildings, works, installations and plantations.

(d) Justipricing sheets corresponding to other indemnities.

2. The project of expropriation with the documents indicated will be exposed to the public for a period of one month, so that those who may be interested will formulate the observations and complaints that they consider suitable, in particular as regards to ownership or valuation of their respective rights.

3. The public information will be carried out through the insertion of advertisements in the corresponding "Official Gazette", in that of the respective province and in a newspaper of the most circulation in the province.

4. In addition, the appraisals shall be individually notified to those appearing as holders of goods or rights in the file, by means of a literal transfer of the relevant sheet of appreciation and the proposal for the setting of the criteria for assessment, so that they can make representations within one month, counting from the date of notification.

5. Where the expropriating body is not the City Council, it shall be heard for the same term of one month. The period of hearing to the municipal administration may coincide in whole or in part with that of the persons concerned.

6. The file shall be submitted to the competent body for approval.

7. The approval of the file shall be notified to the persons concerned with the goods and rights contained therein, giving them a term of 20 days during which they may express in writing before the competent body their disconformity with the assessment established in the approved file.

8. The competent body shall transfer the file and the contested assessment sheet to the Compulsory Expropriation Jury which has jurisdiction in the territorial area to which the expropriation relates, for the purposes of fixing the price, which, in any event, is shall do so in accordance with the assessment criteria set out in this Law.

9. If the persons concerned do not object to the assessment within the said period of 20 days, it shall be deemed to have been accepted that which was fixed in the act of approval of the file, the fact being determined definitively and in accordance with it.

Article 220. Approval and effects of the joint assessment procedure.

1. The decision of the competent regional body shall entail the declaration of urgency of the occupation of the goods and rights concerned.

2. The payment or deposit of the amount of the valuation established will produce the effects provided for in Article 52 (6), (7) and (8) of the Compulsory Expropriation Act, without prejudice to the possibility of continuing to process the resources from the fixing of the price.

Article 221. Individual expropriation procedure.

If the joint assessment procedure is not followed, the ownership relationship and the description of the goods and rights concerned shall be approved by the Acting Administration, after the opening of a period of public information for a period of 15 days, unless, in accordance with the provisions of Article 171.2, that relationship and description are contained in the delimitation of the unit of enforcement.

Article 222. Payment of the Justiprice.

1. The actions of the expropriatory file will be followed by those who appear as interested in the draft delimitation, drawn up to the Law of Compulsory Expropriation or, in legal form, prove to be the real owners of the goods or rights contrary to what the project says. In the joint assessment procedure, errors not reported and justified in the phase of public information shall not give rise to a declaration of invalidity or a replacement of proceedings, however, the persons concerned shall be entitled to be compensated in the form which corresponds.

2. The time for payment of the case shall be made only if, if not, it is made available to those concerned who provide the registration certificate in their favour, on the record that the note in Article 32 of the Mortgage Regulation or, in its absence, the evidence of its right, completed with negative certifications of the Land Registry referring to the same estate described in the titles. If there are loads, the holders must appear.

3. Where there are registered statements contrary to the reality, the Justicality may be paid to those who have rectified or distorted them by any of the means indicated in the mortgage legislation or with the act of notoriety dealt with pursuant to Article 209 of the Notary Regulation.

Article 223. Occupation and registration in the Register.

1. Once the payment or entry has been made, one or more occupation records may be lifted and entered, as one or more registered farms, all or part of the area covered by its action, without the prior registration of all of them being necessary. and each of the expropriated estates. The fact that one of these farms is not registered will not be an obstacle to the direct practice of the registration. In addition to the registration of the grouped farms, and with transfer effects, the appropriate note will be extended.

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 occupied farms, which shall be described in accordance with the mortgage legislation. Such a title, as well as those necessary for the practice of the inscriptions, must be accompanied, where appropriate, by the respective plans, one of whose copies shall be filed in the Register.

3. If, in the case of registration, there are reasonable doubts as to whether or not there is any land in the occupied area which is not taken into account in the expropriatory file, without prejudice to the application of the registration, circumstance for the purposes of the following Article, in the knowledge of the Expropriating Body.

Article 224. Load-free acquisition.

1. After the expropriation file has been completed, and once the minutes of occupation have been lifted with the requirements laid down in the general legislation of forced expropriation, it will be understood that the administration has acquired, free of charge, the farm or farms included in the case.

2. The Administration shall be kept in possession of the farms, once they have registered their right, without any actual or inter-dictal action against the property being exercised.

3. If, after the completion of the file, after the minutes of occupation have been lifted and the estates or rights in favour of the Administration have been entered, third parties shall not be taken into account in the file, they may exercise any personal action they may be entitled to receive the Justiprice or the expropriatory indemnities and to discuss their amount.

4. In the event that once the file has been completely finalized, any of the properties or rights previously registered have not been taken into account, the expropriating administration, either on its own initiative or at the request of the interested party or the Registrar itself, will request of this one that practices the corresponding cancellation. The owners of such farms or rights must be compensated by the expropriating administration, which will formulate a supplementary file with the corresponding sheets of appreciation, processing according to the procedure that has been followed for the other farms, without prejudice to the possibility of such operators exercising any other type of action that may be appropriate to them.

5. If the Justiprice has been paid to the person who appears in the file as a registrant, the action of the third parties may not be directed against the expropriating Administration if they did not appear during the processing, in a working time.

CHAPTER IV

Reversion of expropriated land

Article 225. 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 would be equally public. For these purposes, the public will be equipped with the qualification for the construction of dwellings subject to some public protection regime, with maintenance by the Administration of the ownership of the affected soil.

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

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

Article 226. Reversal in expropriation for non-compliance.

1. In the expropriations motivated by the non-compliance with the urban duties linked to the process of urbanization and construction, the reversal will proceed as long as five years have elapsed since the expropriation without the construction It would have been concluded or ten without the urbanization, depending on whether or not the land expropriated had the condition of solar at that time. In the forcible sale scheme, the indicated time limits shall be counted from the completion of those laid down in the call for the corresponding contest, as provided for in Article 233.1.b).

2. In the cases referred to in the preceding number, the exercise of the right of reversal shall not confer upon the expropriated more urban faculties than those taken into account in the determination of the justice.

CHAPTER V

Forced Sale Regime

Section 1. General Provisions

Article 227. Forced sale for non-compliance with urban planning duties.

1. In the cases of non-compliance with urban planning duties referred to in this Law, when the Acting Administration does not opt for expropriation, it will agree to the application of the forced sale regime of the land. The forced sale, in the cases in which it proceeds in accordance with the provisions of this Law, will be carried out through the procedure to be determined in the applicable urban legislation, compensating the owner for the value corresponding to the Degree of acquisition of urban faculties.

2. In the absence of specific regulation in the aforementioned legislation, the forced sale will be carried out by means of its inclusion in the Register of Solares and Land without Urbanization, in the form provided for in the following articles. The inclusion agreement in this Register will contain the valuation of the land according to the degree of acquisition of urban faculties by its owner, and will determine the impossibility for this to start or continue the process of urbanization, building, or the simultaneous urbanization and building, as the case may be.

Article 228. Ruinous and inadequate buildings.

1. The buildings declared in ruin shall be entered in the Register governed by this Chapter, and must be replaced or rehabilitated in accordance with the provisions of the planning, within the time limit laid down by the plan or, failing that, in the two-year period. Since the declarative resolution of the ruin is firm.

Exhausted these deadlines without the individual applying for a licence for the corresponding action, the Administration shall declare by way of resolution the application of the forcible sale scheme with the corresponding value to the building.

2. The above paragraph shall apply to the inadequate buildings, meaning those buildings which are intended for more than 50 per 100 of the area constructed for urban use contrary to that laid down in the planning.

For the inclusion in the independent section of the Register of these lands, the express resolution of the inadequacy of the buildings, with an audience of the interested party, will be mandatory.

3. The land with construction declared in ruin will be valued, once in a situation of forced sale, by the 50 per 100 of the eligible use of acquisition, according to the use in force at the time of the appraisal.

In the case of land with a declared inadequate building, the assessment criteria set out in Article 56 shall apply.

4. The transmission of the farms referred to in this Article, as long as they are not subject to the situation of forced sale, shall not alter the system established therein.

Article 229. Registration of ruinous and inadequate buildings.

The declaration of ruinous or improper building and the consequent agreement of inclusion in the Register in the Section of the ruinous and inadequate buildings, will be recorded in the Registry of the Property in the form that determine, by virtue of certification, that the agreement will be literally transcribed, issued on its own initiative or at the request of any interested party, by the Secretary of the City Council.

Also, the declarative agreements of the forced sales situation will be entered in those Registers.

Article 230. Municipalities to which the Registry applies.

1. In the municipalities in which the provisions on the delimitation of the areas of distribution and type-fixing in urban land are to apply, the Registry of Solares and Terrain shall be established without Urbanizing or adapting the Register of Solares. existing to include undeveloped land.

2. In the other municipalities, the creation or adaptation of the register shall be potential, unless the urban legislation provides otherwise.

3. The Register shall consist of two Sections: The first shall include the undeveloped solar and land referred to in Article 227; in the second, the ruinous and inadequate buildings referred to in Article 228.

Article 231. Public character of the Register of Solares and Terrain without Urbanization.

The Registry will be public. Any person shall have the right to be shown the books and to obtain certification of their contents.

Section 2. Of The Forcible Sale Procedure

Article 232. Registration of the non-compliance resolution.

1. The competent administrative authority shall forward to the Registry of the Property Certification of that, for its constancy by note on the margin of the obligation, the decision of non-compliance with the system of forced sale. last domain registration of the estate.

2. The situation of forced sale shall be entered in the certifications which are issued on the farm.

Article 233. Award by contest.

1. The buildings included in the Register of Solares and Terrain without Urbanisation and subject to forced sale shall be awarded on the basis of a competition, the convocation or specification of which shall include at least the following determinations:

(a) The price of the land to be met by the successful tenderer, which in no case may be less than the urban value of the actual use corresponding to that value.

b) Maximum time for the construction and construction work, or only the latter if the land already deserved the rating of the site.

c) Maximum sales or lease prices of the buildings resulting from the performance.

2. The difference between the valuation of the land attributed to the time of its inclusion in the Register and the award price shall be the responsibility of the Acting Administration, which shall be used for investment in urban planning and housing.

3. More than one year after the entry of the building in the Register of Solares and Terrain without Urbanising or, where appropriate, since the end of the period referred to in Article 228.1, without the invitation to tender for the award of the (a) the procedure for the forced sale of the goods to be opened, in accordance with the provisions of Article 42.3. In this case, the Administration will not be able to agree to the expropriation or to the forced sale regime of such land within two years.

4. The successful tenderer shall be considered to be a beneficiary of the expropriation.

Article 234. Desert contest.

If the contest will be deserted, the City Council, within six months, may acquire the building for the municipal property of the soil, with application of the provisions of Article 208. The Acting Administration may also call for a new tender, in which case the price set in the tender specifications for the first contest shall be added to the costs incurred.

Article 235. Registration registration.

1. The Secretary of the City Council will issue administrative certification of the award, which will be a document for registration in the Land Registry.

2. The registration shall include the conditions and time limits for the building to which the acquirer is obliged, which shall also be recorded in the Register of Solares and Terrain without Urbanization.

Article 236. Failure to meet deadlines by the successful tenderer.

Failure by the successful tenderer to contest the time limits laid down for urbanization or construction will produce the effects set out in the third chapter of the title first, with the particularity that the Reference use shall be the actual of the land awarded.

TITLE VI

Compensation Assumptions

Article 237. Compensation for alteration of planning.

1. The modification or revision of the Plans will only confer indemnification rights if the availing of the appropriation derived from the new planning is inferior to those resulting from the previous one, provided that these have already been Patrimonialized and could not materialize.

2. Out-of-order situations arising from changes in planning will not be indemnified.

3. Compensation for the reduction of use shall not be made if the time limit for applying for a building licence has already elapsed without it having been requested, even if the owner had not been notified of the opening of the the respective case of non-compliance However, if the reduction prevented the construction of 50 per 100 of the already acquired advantage, the difference will be indemnable.

Article 238. Compensation for alteration of the planning, with the right to build.

1. If at the time the modification or revision of the planning took effect, the right to be built would have been patrimonialized, but the building would not have been started, the effectiveness of the license will be understood as soon as it is In accordance with the new management, the reduction of profit resulting from the new urban conditions, as well as the concepts outlined in Article 55 of this Law, must be compensated.

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

Article 239. Compensation for singular links.

1. The orders to which the individual links in order to the conservation of buildings are to be imposed shall confer indemnification rights as soon as they exceed the legal duties and in the uncompensated portion for the benefits resulting from the application.

2. The orders to be linked or limited to a single restriction of land use which cannot be equitably distributed between the parties concerned shall confer the right to compensation.

Article 240. Licensing and compensation.

In the cases of cancellation of the license, undue delay in their granting or improper refusal, the injured will be able to claim from the Administration acting the compensation of the damages caused, in the (a) cases and with the concurrence 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.

Article 241. Residual compensation clause.

It will be in any case indemnified the expenses produced by the fulfillment of the basic duties inherent in the urbanizing and building process, within the deadlines established to the effect, that as a consequence of a change in the Planning or remembering the expropriation will become useless.

TITLE VII

Administrative intervention in building and land use, and urban discipline

CHAPTER I

Building and Land Use Intervention

Section 1. Licenses

Article 242. Acts subject to license.

1. Any act of construction will require the mandatory municipal license.

2. Acts of use of soil and subsoil, such as urban parcels, land movements, new plant works, modification of structure or exterior appearance of buildings, shall also be subject to prior authorisation. the first use of the buildings and the modification of the use of the buildings, the demolition of buildings, the placement of visible propaganda posters from the public road and the other acts that will point out the Plans. Where the acts of building and land use are carried out by private persons on grounds of public domain, a licence shall also be required, without prejudice to the authorisations or concessions which are relevant to the holder of the public domain.

3. The licenses will be granted in accordance with the provisions of the legislation and urban planning.

4. In the case of assistance, the licence shall also verify whether the projected use is in conformity with the appropriation, and if not, as provided for in Articles 187 to 190 of this Law.

5. The licensing procedure shall be in accordance with the provisions of the applicable Local Regime legislation.

6. In no case shall administrative silence be deemed to have been acquired in respect of the legislation or urban planning.

7. Professional colleges which have been entrusted with the visa of technical projects, if they observe non-compliance with urban legislation, will bring to the attention of the competent authorities such a presumption, denying the visa.

Article 243. Competence.

1. The competence to grant the licenses shall be the responsibility of the Local Entities, in accordance with their applicable law.

2. Any refusal of a licence shall be reasoned.

3. Without prejudice to the nature of the planning licences, the local authorities may refuse, in the exercise of their powers of defence and recovery of public goods, to grant such licences if the land or property concerned by the work, installation or performance belong to the public domain.

Article 244. Acts promoted by public administrations.

1. The acts referred to in Article 242 which are promoted by organs of public administrations or entities governed by public law which administer the goods shall also be subject to a municipal license, if this is required by the applicable legislation.

2. Where reasons of urgency or exceptional public interest so require, the Minister responsible may, by reason of the matter, agree to the referral to the relevant Council of the project concerned, so that within one month he shall notify the conformity or disconformity of the same with the urban planning in force.

In the event of disagreement, the file shall be forwarded by the Department concerned to the Minister for Public Works and Transport, who shall forward it to the Council of Ministers, after subsequent reporting by the competent authority of the Community. Autonomous, to be issued within one month, and the Central Commission of the Territory and Urbanism. The Council of Ministers shall decide whether to implement the project, and in this case, shall order the initiation of the procedure for the modification or revision of the planning, in accordance with the procedure laid down in the urban legislation.

3. The City Council may in any case agree to suspend the works referred to in Article 1 of this Article when they are intended to be carried out in the absence or in contradiction with the notification, in accordance with the planning and prior to the the decision to implement the work adopted by the Council of Ministers, communicating the suspension to the project's editorial body and the Minister of Public Works and Transport, for the purpose of preventing it.

4. The works that directly affect the national defense are excepted from this faculty, for whose suspension the Council of Ministers will have to mediate agreement, on the proposal of the Minister of Public Works and Transport, at the request of the City Council competent and report of the Ministry of Defence.

5. The arrangements set out in numbers 2 and 3 of this Article shall apply to the Autonomous Communities, with the intervention of the corresponding bodies.

Section 2. Conservation Duty, Works and ruin execution orders

Article 245. Duty of conservation.

1. Owners of land, special initiative housing and buildings shall maintain them in the conditions and subject to the rules referred to in Article 21.1.

2. The Councils and, where appropriate, the other competent bodies, shall order, on their own initiative or at the request of any person concerned, the execution of the works necessary to preserve those conditions, with an indication of the time limit for completion.

Article 246. Execution orders for tourist or cultural reasons.

1. The municipalities and the competent bodies may also order, for reasons of tourist or aesthetic interest, the execution of conservation and reform works on facades or spaces visible from the public road, without prior included in any sort plan.

2. The works shall be carried out at the expense of the owners if they are contained within the limit of the duty of conservation which corresponds to them, and from funds of the Entity that orders it when they exceed it to obtain improvements of general interest.

3. The owners of goods included in the catalogues referred to in Article 93 of this Law may obtain, in order to preserve them, the cooperation of the competent authorities, which shall provide them under appropriate conditions when such works are carried out. exceed the limits of the conservation duty.

Article 247. Declaration of ruin.

1. Where any construction or part of it is in a ruinous state, the Town Hall, on its own initiative or at the request of any interested party, shall declare this situation, and shall agree to the total or partial demolition, after hearing the owner and the morators, except imminent danger that would prevent him.

The declaration of ruin will result in the automatic inclusion of the building in the Register of Solares and Terrain without Urbanization, in accordance with the provisions of Article 228 of this Law.

2. The ruinous state shall be declared in the following cases:

(a) Where the cost of the necessary works exceeds 50 per 100 of the current value of the building or plants concerned, excluding the value of the land.

b) When the building presents a generalized exhaustion of its structural or fundamental elements.

c) When it is necessary to perform works that cannot be authorized to find the building in a situation of out of order.

3. If the owner does not comply with the agreement of the City Council, he shall execute it at the expense of the owner.

4. If there is urgency and danger in the delay, the City Council or the Mayor, under his or her responsibility, for security reasons, shall have the necessary respect for the habitability of the building and the eviction of its occupants.

Section 3. Protection of Urban Lawfulness

Article 248. Building works without a license or without adjusting to their ongoing determinations.

1. Where works without a licence are being carried out, the competent municipal authority shall have the immediate suspension of such acts and, subject to the processing of the appropriate file, shall adopt one of the following agreements:

(a) If the works are incompatible with the current management, their demolition will be decreed at the expense of the person concerned in any event, proceeding to the expropriation or subjection to the regime of forced sale of the land, if the owner does not have acquired the right to use urbanisation or have elapsed the time limit for applying for a licence, in accordance with Articles 30 and 31.

(b) If the works are compatible with the current management and the person concerned has acquired the right to use the town, it will be required to do so within the time limit laid down by the applicable law or, failing that, in For two months, apply for the required license. If no such right or no license is acquired, the expropriation or attachment to the forced sale regime of the land concerned shall be agreed with the existing works at the time of the suspension.

2. Where the construction works are carried out in contravention of the conditions laid down in the licence or order of execution, the competent municipal authority shall have its immediate suspension and, subject to the processing of the appropriate file, the adjustment of the the works to the licence or order referred to, within the period specified, which may not exceed the period laid down in those acts in order to complete the works. The lack of adjustment in the said period shall determine the expropriation or subjection to the forcible sale regime of the land concerned and the works carried out in accordance with the licence or order which may be maintained, deduced from the the demolition costs that are accurate.

Article 249. Completed works without a license or without adjusting to their determinations.

1. If a building without a licence has been completed, the City Council shall, within four years of the total termination of the works, adopt, after the processing of the appropriate file, any of the following agreements:

(a) If the building is in conformity with the planning, the person concerned shall be required to apply the appropriate licence within the period prescribed by the applicable legislation or, failing that, in the two-month period. This should be granted if the right to land use had already been acquired. In another case, the licence shall be conditional on the fact that, within the period to be fixed, the duty to urbanise is fulfilled or guaranteed and, where appropriate, the excess materialised over the appropriation may be used for its value. urbanistic.

Expropriation or forced sale of the land with the building will proceed, in cases where the license is not applied for or the conditions are not met.

(b) If the building is disagreeable with the planning, its demolition shall be available.

Expropriation or subjection to the forced sale regime of the land will proceed when the time of its termination would not have acquired the right to the urban exploitation or would have passed the deadline to apply for a license. In another case, it shall be requested within the time limit specified.

2. If a building has been completed in contravention of the conditions laid down in the licence or order of execution, the City Council shall, within a period of four years prior to the processing of the appropriate file, require the person concerned to adjust the construction of the license or order of execution or in the event of compliance with the applicable urban legislation, request the appropriate license within the time limit laid down by the applicable law or, failing that, in the two months. The requirement shall be disregarded, the expropriation or the compulsory sale of the land concerned and the works carried out, in accordance with the licence or order of execution which may be maintained, deducted from the the costs of the precise demolitions.

Article 250. Other acts without a license or without adjusting to their determinations.

When an act other than those regulated in the previous article and specified as a license is made without it or against its determinations, the competent municipal authority shall have the immediate cessation of such act, the person concerned must apply for a licence or adjust the activity to that already granted, within the time limit laid down by the applicable legislation or, failing that, within two months.

In the absence of a licence application or where the licence application cannot be granted in accordance with the order in force, the activity and, where appropriate, the replacement of the goods concerned shall be definitively prevented. the state before the failure to comply.

Article 251. Attachment to other regimes.

The provisions of the three preceding articles shall be without prejudice to the imposition of the penalties and the powers corresponding to the competent authorities under the specific rules of the authorisation or grant to which certain acts of construction are subject.

Article 252. Subrogation of the Autonomous Communities.

In proceedings without a licence or enforcement order, the measures provided for in this section shall be agreed by the competent regional body, if required by the City Council for such purposes, not to be adopted within one month, count from receipt of the requirement.

Article 253. Suspension of licences and cessation of works.

1. The Mayor shall have the effect of a licence or order of execution suspended and the immediate cessation of the works initiated under his protection shall be suspended where the content of such administrative acts is manifestly a serious urban infringement.

2. The Mayor shall, within three days, give direct transfer of that agreement to the Chamber of the competent Administrative-Administrative Board, for the purposes provided for in Article 118 of the Law on Jurisdiction Administrative-litigation.

3. If the judgment annuls the license, the provisions of Article 40 of this Law shall apply.

4. The provisions of the above numbers are without prejudice to the penalties provided.

Article 254. Review of licenses or execution orders.

1. Licences or orders of execution whose content clearly constitutes one of the serious urban infractions defined in this Law shall be reviewed within four years from the date of their issue by the Corporation. The municipal government has granted them through one of the procedures of Article 110 of the Law of Administrative Procedure.

2. If the license is cancelled in the procedure provided for in the previous number, the provisions of Article 40 of this Law shall apply.

3. The provisions of the above numbers are without prejudice to the penalties provided.

Article 255. Means of restoration of urban planning in green areas, non-urbanized soil protected or free spaces.

1. Acts of building or land use related to Article 242 which are carried out without a licence or enforcement order on land qualified in the planning as green areas, protected non-urbanised soil or free spaces shall be subject to the following conditions: the legal regime laid down in Article 248 as long as they are being implemented, and to the arrangements provided for in Article 249 where they have been completed without the limitation of the time limit laid down in that Article being applied

2. The licenses or orders that will be granted in violation of the zoning or urban use of the green zones or free spaces provided for in the plans will be null and void. As long as the works are in progress, the effects of the licence and the adoption of the other measures provided for in Article 253 shall be suspended. If the works are completed, they shall be cancelled ex officio by the formalities provided for in Article 109 of the Law of Administrative Procedure.

Article 256. Construction works on undeveloped or unscheduled land without a program of Urban Action.

In all the assumptions regulated in this Section, if the building work was being carried out or had already been carried out on undeveloped or unscheduled land without an approved Urban Action Programme, the application of the expropriation or subjection to the forced sale scheme will be optional.

Section 4. Parcelations

Article 257. Parcelations.

1. The simultaneous or successive division of land into two or more lots shall be considered to be an urban area where the establishment of a population nucleus can be established.

2. Any parcels that are contrary to that laid down in the urban planning that is applicable to it or which infringe the provisions of the urban planning legislation shall be deemed to be illegal for urban purposes.

Article 258. Indivisibility of plots.

1. They shall be indivisible:

(a) The parcels determined as minimum in the corresponding planning, in order to constitute independent farms.

(b) Parcels whose dimensions are equal to or less than those determined as minimum in the planning, except where the resulting lots are acquired simultaneously by the owners of adjoining land, for the purpose of group them together and form a new estate.

(c) Parcels whose dimensions are less than double the area determined at least in the planning, unless the excess over that minimum can be segregated for the purpose specified in the preceding paragraph; and

(d) buildable plots according to a given relation between the surface of the soil and the surface of the building, when the surface area of the soil is built, or, in the event that the soil surface is constructed, corresponding to only one part of it, the remaining part, if it is less than the minimum parcel, with the exception referred to in the previous paragraph.

2. The Notaries and Registrar of the Property shall record in the description of the estates their quality of indivisible, if any.

3. When a building license is granted on a plot within the meaning of paragraph (d) of number 1, it shall be communicated to the Land Registry for constancy in the registration of the farm.

Article 259. Regime of the parcelations.

1. No urban planning may be carried out without prior approval of the planned urban planning according to the type of soil in question.

2. Any town planning shall be subject to a licence or approval of the project for compensation or repair which contains it.

3. The Notaries and Registrar of the Property shall require to authorize and to register, respectively, scriptures of division of land, that the granting of the license or the municipal declaration of its innecessity, that the first ones they must bear witness to the document.

4. In no case shall they be considered as solar and shall not be allowed to build in them the lots resulting from a parking lot effected in violation of the provisions of this Section.

Section 5. Urban Inspection

Article 260. Competition on urban planning.

1. The urban planning inspection shall be carried out by the bodies of the local and regional authorities, within their respective powers, and in accordance with the legislation in force.

2. The Mayor shall carry out the inspection of the urban parcels, works and installations of the municipal office to verify compliance with the conditions required.

CHAPTER II

Urban Infractions

Section 1. Definition, typing of violations and prescriptions

Article 261. Definition of urban infractions.

1. Urban infractions are the actions or omissions that violate the prescriptions contained in the legislation and planning, standardized and sanctioned in that legislation.

2. Any urban infringement will lead to the imposition of sanctions on those responsible, as well as the obligation to compensate for damages and compensation for the damage incurred by them, regardless of the measures envisaged in the Articles 248 to 256 of this Law.

3. Under no circumstances may the Administration fail to take the measures intended to restore the urban order in violation or to replenish the goods concerned to the state prior to the production of the illegal situation.

Article 262. Classification of urban infractions.

1. Urban infractions will be classified into severe and mild.

2. Serious infringements of the actions or omissions which constitute non-compliance with the rules relating to parcels, land use, height, volume and situation of the buildings and occupation permitted on the surface of the parcels, unless demonstrate the limited extent of the damage to the general interest or the risk created.

3. In any case, they will constitute serious infractions, urban development in non-urbanized soil and the construction of urbanization without the prior approval of the Plan and Project of Urbanization.

4. Minor violations are considered to be any urban infringement that does not have a serious character.

Article 263. Prescription.

1. The limitation period for serious infringements shall be four years, and for a period of less than one year, to be counted from the commission, and shall begin to be counted from the day on which the offence was committed or, where appropriate, from the date on which the offence was committed. The procedure is initiated.

2. It shall be understood that the sanctioning procedure should be initiated when external signs appear that permit the facts of the infringement to be known.

3. In the case of infringements resulting from continued activity, the initial date of the calculation shall be the date of completion of the activity or of the last act with which the infringement is consumed.

Section 2. Responsible People

Article 264. Responsible persons.

1. In works which are executed without a licence or with non-compliance with their clauses, the promoter, the employer of the works and the technical director of the works shall be punished for urban infractions.

2. In the case of works covered by a licence whose contents are manifestly constitutive of a serious urban infringement, they shall also be subject to a fine: The optional person who has informed the project and the members of the A corporation that would have voted in favor of granting the license without the prior reports that would be required, or when they were unfavorable because of that violation.

Article 265. Liability of legal persons.

Legal persons shall be punished for offences committed by their organs or agents and shall bear the cost of measures to repair the urban order in breach, without prejudice to damages and damages. harm to third parties to the place.

Article 266. Compensation for damages.

Those who, as a result of an urban infringement, suffer damage or injury, may require any of the offenders, in solidarity, compensation and compensation.

Article 267. Character independent of the fines.

The fines imposed on the individual subject for the same infringement shall be independent of each other.

Article 268. Related infringements.

1. In the case of cases where a criminal case has been issued for two or more offences which are classified as a cause of effect, a single penalty shall be imposed, and shall be the same as for the proceedings involving the final result. pursued, at its maximum level.

2. In other cases, the persons responsible for two or more urban infractions shall be issued with the fines corresponding to each of the various offences committed.

Section 3. Rule to determine the amount of penalties

Article 269. Legalizable and non-legalizable works.

1. The execution of works or installations carried out without a licence or order of execution where they are legalizable to be in conformity with planning or urban legislation shall be sanctioned with a fine of up to 5 per 100 of the value of the work, installation or performed.

2. Where they are not legalizable, the fine may be up to 30 per 100 of the value of the work, building, land or excess building, depending on the cases to be determined.

Article 270. Aggravating and mitigating criteria.

To graduate the fines will be primarily concerned with the gravity of the matter, the economic entity of the facts constituting the infringement, its reiteration by the person responsible and the degree of guilt of the each of the offenders.

Article 271. Graduation of sanctions.

1. Where in fact there is an aggravating circumstance, the penalty shall always be imposed at the maximum level.

2. If any mitigating circumstances are present, the penalty shall be imposed at its minimum.

Article 272. Prohibition of economic benefit.

1. In any event, the urban infringement may constitute an economic benefit to the infringer. Where the sum of the penalty imposed and the cost of the actions for the replacement of the goods and situations to their original state are below that benefit, the amount of the fine shall be increased to the extent of the amount of the same.

2. In cases where the restoration of the urban order infringed does not require any material action or any third party is injured, the penalty imposed on the infringer shall not be less than the benefit obtained from the illegal activity.

Section 4. Competition and procedure

Article 273. Sanctioning procedure.

1. They shall be competent to agree on the initiation of the sanctioning file for the Ayuntamos, the corresponding autonomic bodies and other urban entities or bodies assigned to the authority of inspection and audit of the planning.

2. In dealing with the sanctioning procedure, the rules laid down in the regulatory legislation of the administrative procedure shall apply.

3. Where the motion for a resolution includes a fine of more than one of the jurisdiction of the bodies concerned with the administration which dealt with the sanction file, the proposal shall be submitted to the competent authority. by reason of the amount.

Article 274. Criminal offences or misconduct.

When, on the occasion of the administrative files which are instructed for urban infringement, there are indications of the nature of the offence or the lack of the fact that prompted its action, the body responsible for imposing the It will put it to the attention of the Fiscal Ministry, to the effects of the requirement of the responsibilities of criminal order in which the offenders have been able to incur, refraining that from continuing the procedure sanctioning while the authority The court has not ruled. The criminal sanction shall exclude the imposition of an administrative penalty without prejudice to the adoption of measures to replace the situation prior to the commission of the infringement.

Article 275. Competent bodies.

1. The competent authorities to impose fines and the maximum amounts of fines shall be as follows:

(a) Mayors, in municipalities that do not exceed 25,000 inhabitants, up to 10,000,000 pesetas; in municipalities that do not exceed 100,000 inhabitants, up to 100,000,000 pesetas; in those that do not exceed 500,000 inhabitants, up to 400,000,000 pesetas, and in those of more than 500,000 inhabitants, up to 800,000,000 pesetas.

(b) The competent regional authority, up to 1,200,000,000 pesetas.

c) The executive collegiate body of the Autonomous Community, up to 2,000,000,000 pesetas.

2. The amount of all the fines shall correspond to the respective Councils, except in cases where the autonomic body had initiated and dealt with the case against the municipal inactivity, provided that it had been preceded by a in this respect.

TITLE VIII

Intervention instruments in the soil market

CHAPTER I

Municipal Soil Heritage

Section 1. Constitution, membership and destination

Article 276. Constitution. Separate assets.

1. The municipalities with general planning must be their respective Municipal Heritage of Soil, in order to regulate the market of land, obtain soil reserves for actions of public initiative and facilitate the execution of the planning.

2. The property of the Municipal Heritage of the Soil constitutes a separate patrimony of the remaining municipal assets and the income obtained by means of disposal of land or replacement of the use corresponding to the administration by its Metal equivalent shall be used for the preservation and extension of the metal.

Article 277. Member Goods.

1. The Municipal Heritage of the Soil shall be integrated into the property of the property which results in the planning of the urban planning as an urban or urbanizable land and, in any case, those obtained as a result of transfers, either on land or in cash, urban expropriations of any kind and exercise of the right of tanteum and retraction.

2. Land classified as unscheduled or undeveloped land that is acquired for that purpose shall also be incorporated into the Municipal Heritage of the Soil.

Article 278. Land reserves. Expropriation.

1. The General Plans or revisions of their action programmes may establish, on land classified as unscheduled or undeveloped urbanizable not subject to special protection, reserves of land of possible acquisition for constitution or extension of the Municipal Heritage of Soil.

2. In the absence or insufficiency of such determinations of the Plan or the Programme, the Councils may delimit surfaces on the expressed soils for the same purpose, by the procedure for delimitation of execution units.

3. In municipalities that are governed by planning instruments other than the General Plan, the aforementioned reserves on non-urban land may be established in the instrument itself or in the form provided for in the preceding number.

4. The delimitation of a land as a reserve for the purposes of the purposes shall imply the declaration of public utility and the need for occupation for expropriation purposes.

Article 279. Special rule of incorporation into the reserved land planning process.

1. The following review of the Plan of Action of the General Plan will be able to classify as unscheduled land the unscheduled land mentioned in the previous article, which for expropriation would have passed to the Municipal Heritage of the Soil.

2. The documentation of such review shall contain the determinations that the General Plan has to fix for unscheduled land-based land without the need for the plan modification procedure to be observed.

Article 280. Target.

1. The property of the Municipal Heritage of Soil, once incorporated into the process of urbanization and construction, must be destined to the construction of houses subject to some regime of public protection or other uses of social interest, according to with urban planning.

2. As long as the detailed management of the land belonging to the Patrimony is not approved, as well as when the property is assigned an urban classification incompatible with the purposes mentioned in the previous number, the disposal of those lands may be carried out by contest or auction. In both cases, the price to be met by the successful tenderer could not be lower than the urban value of the actual use already attributed to the relevant land.

Article 281. Consignment of quantities in the budgets for town planning.

1. The capital city councils of the province or more than 50,000 inhabitants shall enter in their ordinary budgets an amount equal to 5 per 100 of their amount for the Municipal Heritage of the Soil.

2. They shall also allocate 5 per 100 at least of the same budget to the implementation of housing estates, public endowments and internal reform operations planned in urban planning.

Section 2. Cefunes

Article 282. Direct management or disposal.

1. The urbanization and construction of the Heritage sites, once the degree of development of the Planning permits, can be carried out by the Administration, using the most appropriate management modality in each case.

2. The land belonging to the Heritage may also be transferred for the purpose of the purposes provided for in Articles 276.1 or 280.1.

Article 283. Information and autonomic protection.

1. Any transfer of land shall be communicated to the competent authority of the Autonomous Community.

2. Authorization shall be required if the value of the enajado exceeded 25 per 100 of the ordinary resources of the annual budget of the local entity.

Article 284. Onerous disposals. Contest.

1. Land belonging to the Municipal Heritage of the Soil with adequate qualification for the purposes set out in Article 280.1 may only be disposed of by virtue of competition. Their price may not be less than the urban value of the actual use corresponding to them. The specification shall set maximum time limits for the construction and construction work, or only of the latter if the site is rated as solar, as well as maximum selling or leasing prices of the products. buildings resulting from the performance.

2. If the contest is deserted, the City Council may direct the contest directly within the maximum period of one year, in accordance with the specifications.

3. The assignment to beneficial and social entities, which promote public protection housing, will not require a contest.

Article 285. Transfers between Administrations.

The urban public administrations and instrumental entities of these will be able to be transmitted directly and in a free title land for purposes of public promotion of housing, construction of community equipment or other facilities for public use or social interest.

Article 286. Disposals free of charge.

1. In justified cases, it may be granted to the Aycestas to give up land free of charge or at a price lower than their urban value to be used for public protection housing, by means of a tender whose specifications will lay down the conditions provided for in Article 284.

2. Where the permanence of the uses to which the land is used, it may also be possible for the Ayalcades to yield directly, for a price lower than that of their urban value or free of charge, the domain of land in favor of Entities or Private institutions of non-profit public interest to target them for uses of social interest that are in the manifest benefit of the respective municipalities.

CHAPTER II

Surface Law

Article 287. Surface right.

1. The local authorities and other public persons may constitute the right of land on grounds of their property or members of the municipal property of the land for the construction of dwellings subject to any protection regime. public or other uses of social interest, the right of which shall correspond to the shallower.

2. The same right assists individuals, without the limitation of destination provided for in the previous paragraph.

3. The area right shall be transmissible and liable to be charged with the limitations laid down in that law and shall be governed by the provisions of this Chapter, by virtue of the title constitutive of the law and, in the alternative, by the rules of private law.

Article 288. Procedure.

1. The procedure for the establishment of the area right and the onerous or free character of the right shall be governed by the provisions of the preceding chapter for the various cases.

2. The constitution of the right of land must be in any case formalized in public deed and, as a requirement of its effectiveness, be registered in the Registry of the Property.

3. Where consideration is given to consideration, the consideration of the shallower may consist in the payment of a sum raised by the concession or a periodic fee, or in the award of housing or premises or the lease rights of a other, or in several of these modalities at the same time, without prejudice to the total reversal of the edified at the end of the period that would have been agreed upon as the right to surface.

Article 289. Extinction.

1. The right of surface shall be extinguished if it is not built within the prescribed period, in accordance with Article 35.1 of this Law.

2. The period of the right of area may not exceed seventy-five years in that granted by the Ayuntamos and other public persons, neither ninety-nine years in the contract between individuals.

3. Where the right of area is extinguished after the period has elapsed, the owner of the land shall take ownership of the building, without having to satisfy any compensation whatsoever under the title of which he was established. that right.

4. The extinction of the surface right by the end of the term will cause all kinds of real or personal rights imposed by the shallower.

5. If, for any other reason, the property rights of the land and the shallower were to be collected in the same person, the charges that fall on one and another right will continue to be taxed separately.

Article 290. Benefits.

The granting of the right to land by the City Council and other public persons and their constitution by individuals will enjoy the benefits derived from the legislation of public protection housing, provided that it is comply with the requirements set out in it.

CHAPTER III

Tanteo and Backlog Rights

Section 1. Area Delimitation

Article 291. Delimitation of areas.

1. For the purpose of ensuring compliance with planning planning, increasing the municipal heritage of the soil, intervening in the real estate market and, in general, facilitating the fulfillment of the objectives of the land, the Ayaldones will be able to delimit areas in which the onerous transmissions of land will be subject to the exercise of the rights of tantalising and retraction by the respective City Council.

2. When delimiting these areas, it is necessary to establish whether the transmissions subject to the exercise of such rights are only those of land without building, whether or not they have the status of solar, or include those of land with buildings which do not run the use of the Plan, with construction construction, ruinous or disagreeable with the applicable management.

3. The agreement on the delimitation of areas may also be made subject to the exercise of the rights of the transmissions of dwellings under construction or constructed, provided that the transmission has acquired the promoter and, in the Second, the transmission is projected before one year after the building has been completed.

4. If the defined area has previously been declared, in whole or in part, as an integrated rehabilitation area, it may also be established in the relevant agreement that the exercise of the rights of the right and back-to-back shall cover even the farms built according to the applicable management, both in the event that the transmission is projected or verified as a whole or in a horizontal manner, whether or not on a horizontal basis.

5. The maximum time limit for the transmission of the transmission to the exercise of the tanteo and retraction rights shall be ten years, unless, when the area is demarcated, another minor has been set.

Article 292. Delimitation procedure.

1. The delimitation of these areas may be carried out in the general planning itself, in the review of its action programme or by the procedure for the delimitation of the planning execution units.

2. In any case, the documentation specifically relating to the delimitation must include a supporting document of the need to submit the transmissions to the rights of the anteo and the retract, the objectives to be achieved, the justification the area defined in relation to the whole of the territorial area not affected and a relation of the goods concerned and their owners, the notification being mandatory to those concerned prior to the opening of the public information procedure.

3. For the purposes set out in Article 296 of this Law, the Councils shall forward to the corresponding Property Records a certified copy of the plans that reflect the delimitation and detailed relationship of the streets or sectors covered by this Law. in those areas and of the affected owners and property, by moving the copy of the delimitation agreement.

Section 2

Article 293. Transmission notification.

Property owners affected by these delimitations will have to notify the City Council of the decision to dispose of them, with the expression of the projected price and payment method and other essential conditions of the transmission, to effects of the possible exercise of the right of entry for a period of 60 calendar days from the date of the date of the notification.

Article 294. Exercise of the retract.

1. The City Council may exercise the right of retraction where the notification prevented in the preceding article has not been made, any of the requirements or the actual price of the said requirement shall be omitted from it. transmission or less onerous the remaining conditions of this.

2. This right shall be exercised within a period of 60 calendar days from the date of notification of the transfer, which the acquirer shall in any case make to the City Council, by means of a copy of the copy or document in which it is formalized.

3. The right of retraction referred to in this chapter is preferred to any other.

Article 295. Notification expiration.

1. The effects of the notification for the exercise of the right of tanteo shall expire within four months of the notification without the transmission being carried out.

2. The transmission made after this period shall be understood without such notification for the purposes of the exercise of the right of retraction.

Article 296. No registration registration.

No transmissions made on the buildings included in the expressed delimitations may be entered in the Land Registry if the performance of the notifications referred to in the Previous articles.

Section 3. Third Transmissions of Housing Subject to Public Protection

Article 297. Delimitation of areas.

1. In order to ensure effective compliance with the limitations on maximum selling prices for dwellings subject to any public protection regime imposing such limitation, the Councils may define areas in which they may be subject to the first as the subsequent onerous transmissions of those are subject to the notifications prevented in Articles 293 and 294.2 for the purpose of the possible exercise of the rights of tanteo and retract within the time limits laid down in the same.

2. The lack of accreditation of compliance with these notification requirements shall prevent the registration of the Property of the transmission effected.

3. The processing of the delimitation of these areas shall be in accordance with the provisions of Article 292.1 and 2 of this Law, and the provisions of paragraph 3 of that Article shall also apply to the effects provided for in the preceding paragraph.

Article 298. Award of housing.

The dwellings acquired in the exercise of the tantalum and retracted by the Councils shall be awarded by means of a contest between those who do not possess another dwelling, meet the other requirements established by the protection regime public.

TITLE IX

Legal regime

CHAPTER I

Petitions, Acts, and Agreements

Article 299. Requests.

Local Entities and Urban Organizations will have to resolve the well-founded requests addressed to them under this Law.

Article 300. Administration sued in surrogacy.

Decisions to be taken by the autonomic bodies by means of subrogation shall be considered as acts of the incumbent City Council, for the sole purpose of the admissible resources.

Article 301. Enforced execution and award path.

1. The City Councils may use the enforced execution and the award path to require the owners, individuals or associates, and the town planning companies to perform their duties.

2. The enforcement and award procedures shall be directed primarily against the property of persons who have not fulfilled their obligations, and only in the event of insolvency, in front of the Administrative Association of Landlords.

3. They may also exercise the same powers, at the request of the Association, against owners who fail to fulfil the commitments made to it.

Article 302. Ex officio review.

Local entities may review their acts and arrangements in the area of urbanism on their own initiative in accordance with the provisions of Articles 109 et seq. of the Law on Administrative Procedure.

CHAPTER II

Actions and resources

Article 303. Jurisdiction of litigation jurisdiction.

The administrative legal nature of all the questions raised on the occasion or as a result of the acts and conventions regulated in the urban legislation applicable among the competent bodies of the Public administrations and owners, individuals or associates or town planning companies, including those relating to land transfers for urbanisation or construction.

Article 304. Public action.

1. It will be public the action to require before the administrative organs and the Administrative Courts the observance of the planning legislation and of the Plans, Programs, Projects, Standards and Ordinance.

2. If such action is motivated by the execution of works deemed to be unlawful, it may be exercised during the execution of such works and until the time limits laid down for the adoption of the measures for the protection of lawfulness. urbanistics.

Article 305. Action before ordinary courts.

The owners and owners of real rights, in addition to the provisions of the previous article and article 266, may require before the ordinary courts the demolition of the works and installations that violate the provisions of the provisions of the in respect of the distance between buildings, wells, tanks, or pits, community of construction or other urban elements, as well as provisions relating to uncomfortable, unsanitary or dangerous uses which are directly intended for tutoring the use of other farms.

Article 306. Litigation-administrative resource.

1. The acts of the Local Entities, whatever their object, that put an end to the administrative path shall be directly applicable to the Administrative Contentious Jurisdiction.

2. The acts of definitive approval of Planning Plans and Projects of Urbanization, without prejudice to the administrative resources that may proceed, will be challenged before the judicial-administrative jurisdiction in the terms prevented in the Article 29 of the Regulatory Law of that jurisdiction.

CHAPTER III

Property Registry

Article 307. Inscribable acts.

They will be entered in the Property Registry:

1. The firm acts of approval of the planning execution files as soon as they entail the modification of the registered farms affected by the Plan, the attribution of the domain or other real rights on the same or the establishment of real guarantees of the enforcement or conservation obligation of the urbanization.

2. Land disposals on a compulsory basis in the cases provided for by the laws or as a result of transfers of land use.

3. The opening of a file on urban planning or of those with the object of the administrative award to ensure compliance with imposed sanctions.

4. The special conditions for licensing, in the terms provided for by the laws.

5. The acts of transfer and taxation of urban exploitation.

6. The interposition of a judicial-administrative appeal seeking the annulment of planning, implementing or licensing instruments.

7. The final judgments in which the cancellation referred to in the preceding number is declared, when specified on certain farms and the holder has participated in the proceedings.

8. Any other administrative act which, in the development of the planning or its implementing instruments, modifies, of course or in the future, the domain or any other real right on certain farms or the description of such farms.

Article 308. Administrative certification.

Except in cases where the legislation establishes otherwise, the acts referred to in the previous article may be entered in the Land Registry by means of administrative certification issued by an urban planning body. acting, in which the circumstances relating to persons, rights and estates to which the agreement is affected shall be included in the form required by the mortgage legislation.

Article 309. Class of seats.

1. The acts and agreements referred to in Article 307 (1), (2), (7) and (8), as well as the case referred to in Article 203.5, shall be recorded by registration.

2. The acts of Article 307 (3) and (6) shall be made on a preventive basis. Such entries shall expire at four years and may be extended at the request of the acting urban organ or the court or tribunal, respectively.

3. The other acts and agreements referred to in Article 307 shall be taken on a marginal note. Unless otherwise expressly stated, the marginal notes shall have an indefinite effect, but shall not have any other effect than to make known the urban situation at the time of the title which originated them.

Article 310. Repair and compensation.

1. The initiation of the repair file or the condition of the land covered by a unit of execution for the fulfilment of the obligations inherent in the system of compensation shall be recorded in the Register by note on the margin of the last registration of the domain of the corresponding farms.

2. The marginal note shall be three years and may be extended for a further three years at the request of the body or board which has applied for its practice.

3. The registration of the titles of repair or compensation may be carried out either by the direct cancellation of the inscriptions and other seats in force on the original estates, with reference to the register of the farms resulting from the project, either by means of a prior grouping of the entire area covered by the implementing unit and its division in each and every farm resulting from the repair or compensation operations.

4. Taking the note referred to in issue 1, the following effects shall be produced:

(a) If the title awarded the farm resulting to the registrant of the original farm, the registration shall be practiced in favor of the property.

(b) If the title is attributed to the farm resulting from the registral of the original farm, according to the content of the certificate that prompted the practice of the note, the registration shall be carried out in favour of that holder and shall be cancelled. at the same time the registration of the domain or of the actual rights on the original farm which was carried out after the date of the note.

(c) In the case referred to in the preceding subparagraph, the entry or registration of the result farms shall be recorded, the existence of the subsequent seats which have been the subject of cancellation, the title which the reason and their respective date.

d) For the practice of the registration of the farm or property of result in favor of the acquirers of the original estate will suffice the presentation of the title that motivated the practice of cancelled seats after the note, with the the appropriate rectification and in which the circumstances and description of the farm or property resulting from the project are recorded, as well as the consent for such rectification of the registrant and the rightholders of the rights cancelled under paragraph (b). As long as the rectification is not carried out, no seat on the farms subject to the marginal note referred to in point (c) may be practised.

5. The title in which the project of repair or compensation is registered will be sufficient for the modification of the mortgage institutions, the rectification of registration descriptions, the registration of farms or the excess of space, the resumption of the Hereinafter referred to as 'the following, and for the cancellation of incompatible real rights', in the form that it is regulated.

Additional disposition first. Law enforcement specialties.

1. The rules contained in this Law relating to the delimitation of distribution areas, the calculation of the rate of use and the definition of the use which may be appropriated in accordance with Article 27.1 and 2 shall be application, in the municipalities of more than 50,000 inhabitants, in the provincial capitals and in the municipalities covered by the metropolitan areas defined by the Autonomous Community.

2. It shall also apply as laid down in the preceding number in the municipalities of between 25 000 and 50 000 inhabitants, unless the Autonomous Communities, where the circumstances so advise, exclude municipalities, which are not of the province of such an application.

3. In the municipalities of less than 25,000 inhabitants, the rules contained in No 1 shall not be compulsory in urban land, unless the Autonomous Communities, by themselves or at the request of the respective Councils, have the

Expropriation or subjection to the forcible sale regime for non-compliance with the deadlines for planning or building will not be applicable in these municipalities, except that the City Council, for all or part of the municipal term agree to its application on a general basis.

Additional provision second. Calculation of average utilization.

For the purposes of the first transitional provision and for urban land where the definition of distribution areas or the use of the type is not applicable, the average use of an implementing unit shall be calculated by dividing the total buildability, including the private endow corresponding to it, previously homogenised with the relative weighting coefficients to be defined, by the total area of the execution unit; excluding land affected by existing general or local public endowments.

Additional provision third. Special Rules for Entities and Public Societies.

In the application of this Law to Public Entities and Companies with majority public capital, whose primary purpose is the promotion and urbanization of land or the construction of homes, the following shall be taken into account:

1. If the performance is urbanizing, the time limits for building will be governed by the transmission of the urbanized land.

2. If the performance is buildout, the time limits laid down in the relevant plans or programmes of housing approved by the competent authority shall be observed.

3. Where the grounds necessary for carrying out the previous actions have been obtained by compulsory expropriation, the persons concerned may exercise the right of reversal under the conditions and time limits laid down in the legislation general.

Additional provision fourth. Rehousing and return.

In the execution of urban actions that require the eviction of the legal occupants of buildings that constitute their habitual residence, the right of those to the rehousing must be guaranteed, subject to the following rules:

1. When action is taken for expropriation, the expropriating administration or, where appropriate, the beneficiary of the expropriation must make available to the legal occupants affected dwellings in the conditions of sale or rent in force for those subject to public protection and the area appropriate to their needs, within the limits laid down by the protective legislation.

2. When acting on another system in units of execution, the legal persons of dwellings who, in correspondence with their contribution of land, must be awarded the taking advantage of of a residential character exceeding ninety square metres or those which could establish, as a maximum area, the protective housing legislation.

In other cases, the obligation to make cash the right of return shall be the responsibility of the acting administration, under the conditions set out in Rule 1. other accessories to recayen on the legal occupants.

3. In the non-expropriatory isolated actions, the tenants of the demolished houses shall have the right of return regulated in the lessor legislation, exercisable in front of the owner of the new building, is this. In such cases, the owner must ensure the temporary accommodation of the tenants until the return is possible.

Additional provision fifth. Financing of actions.

The Institute of Official Credit is authorized so that, through the "Banco de Crédito Local de España, Sociedad Anonima", and during the first three years of the Law 8/1990, of July 25, it is authorized with the Corporations Local credit operations for the sole purpose of financing the actions provided for in this Law.

Additional provision sixth. Financing of the Municipal Heritage of Soil.

The financial burden arising from the credit operations that the Local Corporations have concluded or have made during the years 1992 and 1993 for the sole purpose of financing the acquisition activities land and property for the establishment of the Municipal Heritage of Soil, intended for dwellings subject to any public protection regime and other actions provided for in this Law, shall not be counted for the purposes of the limit of 25 per 100 Article 54 of Law 39/1988 of 28 December 1988 on the rules governing local farms. However, if the overall financial burden arising from the sum of the operations in force agreed by the local authority and the projected amount exceeds 30 per 100 of the resources of the local entity, as defined in that Article, the corresponding authorization would be required.

Additional provision seventh. Central Committee of the Territory and Urbanism.

1. The Central Committee of the Territory and Urbanism, under the Ministry of Public Works and Transport, is the highest advisory body of the State Administration in matters of spatial planning and urban planning.

2. The Central Committee of the Territory and Urbanism shall be chaired by the Secretary-General of Territorial Planning and Concertation.

3. The Commission will act in plenary, section and ponies.

4. The Plenary of the Central Committee of the Territory and Urbanism shall be composed, in addition to the President, by:

a) A Vice President, who will be the Director-General of the Territory and Urbanism Institute.

b) A Secretary, who shall be an official of the Ministry of Public Works and Transport with the category of Deputy Director General, appointed by the President and who shall have a voice, but shall not vote.

(c) A representative, with a category of Director-General, of each of the existing Ministries, designated by the respective holder of the Department.

(d) The competent adviser for the matter or person to whom he delegates, from each of the Autonomous Communities.

e) Ten representatives of the Spanish Federation of Municipalities and Provinces.

f) Government Delegates in the Autonomous Communities.

g) Up to a maximum of five Vocals, designated by the Minister of Public Works and Transport among persons of accredited competence in the planning of territory and urbanism.

5. The President may convene the meetings, with a voice but without a vote, to the persons whom he considers appropriate for the best advice of the Commission.

6. They will be part of the Section, which will be chaired by the Vice-President of the Central Commission, those appointed by its President, and in any case:

(a) When the planning of non-integrated municipalities in the territorial scope of an Autonomous Community is submitted to its report: The representatives, with the rank of Director-General of the Ministry of State with interest affected by such planning, the Government Delegate, the special or territorial delegate of the Department, the Mayor of the municipality in question, who will have a voice, but no vote, and two Vocals, specialists in legal and urban planning, respectively, of free designation by the President of the Section.

(b) Where urgent or exceptional works of the State are submitted to his report, the representative of the Ministry responsible for the matter and promoter of the works, the representative of the Autonomous Community, a Representative of the City Council or of the City Council affected by these works and two Vocals, of free designation by the President of the Section.

7. The Plenary of the Central Committee of the Territory and Urbanism will inform preceptively with character prior to the approval of the National Plan of Ordination. The Section, with the approval of the President of the Commission, will inform the General Plans of Municipalities not included in the territorial scope of any Autonomous Community, the urgent works or of exceptional interest to deal with the way of the article 244 of this Law. Likewise, both the plenary and the section will report preceptively when required by any legal or regulatory provision.

8. The Directorate General of the Institute of Territory and Urbanism will act as a body in charge of the preparation of the affairs of the Central Committee of the Territory and Urbanism and the management and execution of the agreements of the Ministry of Public Works and Transport in this respect.

Additional disposition octave. Foral regimes.

This Law will apply in Navarra and the Basque Country, without prejudice to what is for its tax system, the rules and conventions in force in this area.

First transient disposition. Urban planning and valuations.

1. From the entry into force of Law 8/1990 of 25 July on the reform of the urban planning system and land valuations, the urban value of all land will be the one corresponding to the degree of acquisition of urban faculties that in the are defined and regulated.

2. Until such time, in accordance with the provisions of the sixth and eighth transitional provisions, the type of use shall be fixed and, where such technique is not applicable on urban land, urban land use may be used. by performing the duties set out in this Law will be:

(a) On scheduled land-based land, 85 per 100 of the sector's average utilization, after deduction, where appropriate, of the excess of the sector's use in relation to the means of the corresponding four-year period, or Urban Performance Program.

b) On land eligible to be urbanized 85 per 100 of the use resulting from the corresponding Partial Plan.

(c) In urban land, to which the number 1 of the first additional provision applies, 85 per 100 of the resulting average utilisation in the respective unit of execution or, in the case of not being the land included in any of the these units, from the one allowed by the planning.

(d) In urban land of the other municipalities, the one set out in Article 27.4.

3. In the case of expropriations in which, because it is not approved at the time of the entry into force of Law 8/1990, the relationship of owners and the description of the goods and rights concerned, the determination of the Justiprice must be According to the criteria contained in the Law, the use of the above will be the ones mentioned in the previous number.

4. In order to determine whether the acquisition may be used or to take account of the expropriation price, account shall be taken, in any event, of the use made in the number 2 of this provision, where, at the time of fixing the The following procedural phase would have been achieved in the execution of the planning in the polygon or the corresponding unit of action:

a) In the clearing system, the approval of the Board of Compensation constitution.

b) In the system of cooperation, the final approval of the project of repair or the declaration of its innecessity.

c) In the system of expropriation, the approval of the relationship of owners and description of the goods and rights affected.

Second transient disposition. Equivalence deadlines for the performance of duties.

The time limits to be taken into account in order to verify compliance with urban planning duties and, consequently, the acquisition of the different powers of this nature, will be those resulting from the application of the following rules:

1. The time limits laid down in the plans of stages of the Urban Action Programmes and the Parcial Plans, will be understood as deadlines for the fulfillment of the duties of cession, balance and urbanization, conditions for the acquisition of the right to urban exploitation as defined in Article 23.1 (b) of this Law.

2. The time limits for completing the urbanization in urban land established in the current planning shall be understood as deadlines for the performance of the duties expressed in the previous rule, if a unit of execution, or of the duty to convert the plots to solar and to request the corresponding building license, in another case.

In the case of outstanding units of delimitation, such time limits shall be counted from the approval of the delimitation.

3. The deadlines for building the construction fixed in the current planning will be understood as deadlines for applying for a building license.

Transitional provision third. Time-limits for the discharge of duties.

1. Where the planning in force does not set deadlines for the application of the above rules or where those rules have already been concluded with the entry into force of this Law, the following rules shall apply:

1. The deadline for the fulfillment of the duties of cession, balance and urbanization in land urbanizables or suitable to be urbanized than to the entry into force of Law 8/1990, of July 25, on reform of the regime Land planning and land assessments, with an approved Partial Plan, will be three years after that date.

2. The deadline for the fulfilment of the expressed duties on polygons or units of action delimited in urban land shall be two years after the validity of that Law.

3. The deadline for the conversion of plots in the solar field and application of the corresponding building license in urban land will be two years from the date of the said Law, except that in the first six months has requested the delimitation of an execution unit, in which case the time limit shall be computed from its approval.

4. The deadline for applying for a building license in those areas which, at the entry into force of Law 8/1990 of 25 July, deserve the condition of solar, will be one year from that moment.

2. In the case of the second transitional provision, if, from the date of entry into force of that Law, the time limits resulting from the second transitional provision are less than that laid down in the preceding number, the time limits laid down shall apply. in this.

Transitional disposition fourth. Use type and licenses.

The fixing of the type of use will not affect the full effectiveness of the licenses already granted at the time.

Transient disposition fifth. Existing buildings.

1. The buildings existing at the entry into force of Law 8/1990 of 25 July, located in urban or urbanizable soils, carried out in accordance with the applicable urban planning or in respect of which no longer appropriate the restoration of urban lawfulness involving its demolition shall be construed as being incorporated into the estate of its owner.

2. In the cases referred to in the preceding number, the value of the soil shall be determined on the basis of the effectively materialised use, provided that it has been in accordance with the urban planning in force at the time of the construction, reduced in the proportion resulting from the useful life of the building already completed. In any case, the minino value of the soil shall be understood as the result of the application of 85 per 100 of the current rate of use at the time of the assessment.

Transitional disposition sixth. Adaptation of general planning.

1. In the first review of the General Plan action programme, the use of the different areas of distribution in urban and planned urban land, or only in this last class of land, will be fixed if they are municipalities in the region. which, in accordance with the first provision, should not govern the use in urban land; and the programming determinations contained in the review shall be incorporated. For this purpose, the action programme may be reviewed in advance.

2. If the fixing of the type of use is carried out without alteration of the uses and intensities resulting from the general planning in force, compliance with the procedure of modification of the General Plan will not be necessary. procedure for reviewing the progama.

3. On the surface to be computed for the calculation of the type-use referred to in Article 96.1, the areas concerned may also be included in envelopes and equipment which, in the implementation of general planning instruments adapted to the law on Soil Regime and Urban Planning, would have been obtained by forced expropriation.

4. In the first revision of the Municipal Subsidiary Standards, the type of land used for urbanisation must be fixed.

5. Urban legislation shall indicate the period within which the review of general planning is to be approved, without prejudice to the provisions of the transitional provision seventh.

Transitional disposition seventh. Enforcement of the General Plan.

All the municipalities in which, in accordance with the provisions of the first provision of this Law, the rules on areas for the distribution and calculation of the use in urban land should be governed, have a General Plan adapted to this Law within the maximum period of three years from the entry into force of Law 8/1990 of 25 July.

Transient disposition octave. Urban soil in Unadapted Plans.

As of the entry into force of Law 8/1990, of 25 July, on Reform of the Urban Regime and Valorations of the Soil, the classification of a land as urban in a municipality with general planning not adapted to the Law 19/1975, of May 2, of reform of the Law on Soil and Urban Planning, will require the approval of the delimitation of the urban land, which will be subject to the following rules:

1. The land shall have the requirements laid down in Article 10 (a) of this Law.

2. The final approval shall be the responsibility of the competent regional body, which may set a time limit for the initial approval and processing of the relevant delimitation.

Single repeal provision.

1. The following rules of legal status are hereby repealed: Royal Decree 1346/1976 of 9 April, approving the recast of the Law on Soil and Urban Planning; Royal Decree-Law 3/1980 of 14 March on the creation of land and speed of urban management; Royal Decree-Law 16/1981 of 16 October, adaptation of General Plans for Urban Planning, and Law 8/1990 of 25 July on Reform of the Urban Regime and Valorations of Soil.

2. The other provisions of a general nature which are contrary to the provisions of this Law shall also be repealed.

3. In particular, the provisions on soil assessment contained in the expropriation legislation are repealed.

Single end disposition.

1. They have the character of basic legislation in accordance with the provisions of Article 149.1.1., 8. ª, 13. ª, 18. and 23. of the Constitution, the following precepts: 3.1; 3.2 c); 4.1 and 4; 5; 6; 7; 8; 9.1; 11.4; 15; 16.1, 2 and 4; 17; 19; 20; 21; 22; 23; 24.1, 3 and 4; 25; 26; 27.1, 2 and 4; 28.1 and 5; 29.1; 30.1 and 3; 31.1 and 2; 32; 33.1; 34; 35; 36; 37; 38; 39; 40.1, 2 and 3; 43.1; 45.1, 2, 3 and 4; 59.1 and 2; 62; 65.1; 67; 72.1; 78.2; 94.1 and 2; 96.1 and 3; 97; 98; 99.1 and 2; 100; 104.1 and 3; 109.1; 113.2; 124; 132; 133; 134.1; 135; 137.5; 138.b); 140; 141; 143; 144.1; 149.3; 150; 151.1 and 3; 154; 166.1 a), c) and e); 167; 176; 183; 184.2; 203; 205; 210; 213; 227.1; 228.3 and 4; 237; 238; 239; 241; 242.1 and 6; 243.1 and 2; 245.1; 246.2; 248; 249; 253.3; 254.2; 274; 276; 277; 278.1; 280.1; 282.2; 284.3; 285; 286; the first, third, fourth, seventh and eighth provisions; and the provisions First, fourth, fifth, sixth 1, and 4, and eighth.

2. The precepts are full pursuant to Article 149.1.8. and 18. of the Constitution: 43.3; 46; 47; 48; 49; 50; 51; 52; 53; 54; 55; 56; 57; 58; 60; 61; 63; 64; 66; 107; 112; 118.1; 126.1; 136.2; 159.4; 160.3; 168; 169; 170.1; 173; 174.2; 199.1b) and 2b); 202.1, 2, 3 and 4; 204; 206; 207; 211.3; 214; 215; 216; 217; 218; 219; 220; 221; 222; 223; 224; 225; 226; 232; 235; 240; 244.2, 3 and 4; 254.1; 255.2; 258.2; and 3; 288.2; and 3; 289; 296; 299; 300; 301; 302; 303; 304; 305; 306; 307; 308; 309; 310, and additional fifth and sixth provisions.

3. The remaining precepts shall be of application in default of specific regulation by the Autonomous Communities in the exercise of their powers.

4. Within three months of the publication of this Law, the Government will establish by Royal Decree the table of validity of the Regulations of Planning, Urban Management, Urban Planning, Forcible Building and Reparations.