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Law 8/1990, July 25, On Reform Of The Urban Regime And Estimations Of Soil.

Original Language Title: Ley 8/1990, de 25 de julio, sobre Reforma del Régimen Urbanístico y Valoraciones del Suelo.

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TEXT

JOHN CARLOS I

KING OF SPAIN,

To all who present it and understand,

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

PREAMBLE

I

The strong increase in the price of land, which exceeds any reasonable limit in many places, and its impact on the final prices of homes and, in general, on the costs of implementing economic activities, is today a serious concern for the public authorities, which must promote the conditions necessary to achieve land use in accordance with the general interest and prevent speculation.

To achieve this, legislative measures are not sufficient, nor can they be limited to the establishment of different land use regimes. The proper tax treatment of this and the reform of the legislation on leases are at least two aspects of necessary consideration for a rigorous approach to the problem. On the other hand, the regulatory framework will always be useless without a strong performance of the competent administrations, assuming a clear role in the adoption of decisions on the spaces to be urbanized and those that must be maintained. This process is based on general planning criteria defined in planning (and not as a mere response to isolated initiatives of individuals) and strictly maintaining the discipline to ensure compliance with the management existing.

The support given to this action by the legal system in force (basically, the Law on Soil Regime and Urban Planning, recast text approved by Royal Decree 1346/1976 of 9 April) has been revealed to be insufficient. the excessive permissiveness enjoyed by the owners of the soil, which are the first calls to carry out the tasks of urbanization and construction, and the rigidity, when not absent, of the instruments available to the Administration to deal with non-compliance by individuals with the time limits laid down for the implementation of these tasks, in order to increase public land assets in sufficient measure to influence the regulation of the real estate market or to ascribe land areas to the construction of protective housing official.

II

The constitutional delimitation of powers seems to prevent the State from approving a new Law on Land Regime and Urban Planning with the same or similar content to that of the recast text currently in force. It is a matter of full application, since its regulation would be a manifest invasion of the autonomous powers in the area of land planning and urban planning. However, the Autonomous Communities are not authorized to establish urban regulations of scope and content as wide as the law in force, because this would clash with the powers conferred on the State by the text itself. constitutional.

This law aims, in the field of constitutional powers of the State, to modify, in the terms that will later be indicated, the current regime on the rights and duties of the owners of the soil. affected by the process of urbanization and construction, although not in its entirety, but limiting itself to the fixing of the basic conditions that ensure the equality of all the Spanish in the exercise of the mentioned rights and duties, at the time the social function of the property is defined, with the same basic character, according to the referred to in Article 149.1.1., in conjunction with Article 33.2 of the Constitution. Also, the economic content of the right is determined, valuing for expropriatory effects, the different faculties that integrate it, according to its degree of acquisition, and define a series of supposed expropriatory and indemnification of general without prejudice to those which may be established by the Autonomous Communities in the field of their respective powers. Finally, legal cover is provided for a number of legal instruments, the use of which by the competent authorities can enable them to effectively intervene in the regulation of the real estate market.

The regulation of this set of materials finds constitutional support in the competences that the State reserves under Article 149.1, in its rules 1. ª, 13, 18 and 23, the latter as regards the precepts of the Law that refer to the non-urbanizable soil regime.

Thus conceived, the Law does not, in itself, guarantee the achievement of the stated objectives. It sets out the basic configuration of a fundamental right and provides for territorial entities wishing to use them a wide range of instruments, the combined use of which is appropriate to the circumstances of each case if it can lead to Result pursued. But we must insist that without the collaboration of the Autonomous Communities, they are the competent ones to define the urban policy in their territory, and of the Councils, which are the calls in the first term to direct and control the process The effectiveness of the new law would inevitably be called into question.

III

By defining the basic conditions of the right of property, the Law develops principles already enshrined in the current system, but without the degree of coherence that is required when it comes to completion.

A consistent positive schema must be based on the recognition of all immovable property, as inherent in it, of a value that reflects only its performance (real or potential), rustic (initial value in the terminology of the current Law), without regard to its possible urban use. The capital gains attributable only to the classification and urban classification and, consequently, to the resulting benefits derive from the planning, in the form, with the intensity and under the conditions that the urban legislation and, by The Commission's proposal for a Council Directive on the protection of the environment and the protection of the environment (Article 4 (2) of the EC Treaty) (Article 4 (2) of the Treaty) states that 'the Community shall participate in the capital gains generated by the urban development of public authorities'.

This new scheme, which should contribute to the decrease in speculative tensions and facilitate greater administrative intervention in the soil market, rests on the following fundamentals:

1. The planning confers only an initial aptitude for the building of a field, but the consolidated right is achieved only in one part (the remaining part corresponds to the collectivity) and after covering certain phases, which tend to guarantee the the effectiveness of the redistributive principle, the fulfilment of the burden of disposal, the realization of the precise planning work and the subjection of the exercise of the same to the verification of its full conformity with the urban planning by means of the Requirement for a municipal license.

2. Therefore, it is necessary to differentiate the various faculties that are gradually incorporated, in correspondence with the process of execution of the planning, defining them, setting the requirements for their acquisition and the causes of extinction and establishing the criteria for the valuation of the land in each of them.

3. The assessment of these powers in the light of urban development is only acceptable and consistent for those arising from a particular moment in the planning process. For the above, their assessment must be without those and only incorporate the actual possibility of physical modification of the land, since they have not yet been acquired.

4. In the case of valuations, urban legislation and planning must provide only those which are eligible for acquisition, corresponding to the valuation of these to tax rules. In any case, the urbanization rules contained in the urban planning will have to be taken into account, since they will depend on the actual cost of the urban planning. This will result in the coordination of urban planning and taxation, ensuring the applicability of the tax assessment criteria (with the validity and revisions of these criteria to be determined), regardless of the modifications of the planning occur.

5. There is no real and full right to equdistribution in our existing urban law (or in the historical one), as the redistributive mechanisms do not play between the various kinds of soil or in each one of them in its entirety, with the exception of the urbanizable land programmed through the middle-use institute. It does not recognize either the system that proposes a full right to balance, but extends its effectiveness to the soils classified as urban and generalizes it in the areas of new urbanization (excluding those of eventual urbanization or not programmed).

IV

According to these criteria, the Law regulates the various faculties of urbanistic content that can be acquired, in the following way:

A) The right to urbanize, understood as the ability to physically modify a land, providing it with the necessary services and infrastructures to deserve the condition of solar, is acquired with the definitive approval of the more specific planning instrument than those that are required according to the soil class and is lost if, after the deadlines set for the effect, the urbanization is not carried out, prior to the fulfillment of the urban duties of cession and equidistribution.

B) The right to urban exploitation consists in the attribution to the owner affected by an urban performance of the uses and intensities of the same susceptible of private acquisition or its economic equivalent. This right, the content of which is determined by the technique of the use of type, is acquired by the fulfillment of the duties of cession, balance and urbanization within the deadlines to be set. Logically, when the owner is not related to the fulfilment of positive duties, to apply the expropriation or, in urban land, when it is a land not included in an execution unit, the right to the urban exploitation understands acquired by the approval of the planning, if conditioned, in the second case, to the full execution of the urbanization and construction within the established deadlines.

C) The right to build is concrete in the ability to materialize the corresponding urban development when it has not been replaced by its economic equivalent. It is acquired by obtaining the license of works, adjusted to the order in force, and is lost in any event of expiration of that, not to start the works, to interrupt them for period superior to the authorized one or not to finish them in term.

D) The right to the building incorporates the building up to the estate executed and completed according to the license adjusted to the order in force, without prejudice to the situation of out of order in which it can be incurred which is not, in itself, indemnable.

The logic of the system requires a response from the Acting Administration in the face of non-compliance that prevents the acquisition of the powers in question. This response is the expropriation for non-compliance with the social function of the property, with the possibility of using any of the forms of indirect management provided for in the current order, or the forced sale of the land. However, for reasons of consistency, the assessment of the assets expropriated or subject to forced sale must be made on the basis of the urban powers actually acquired at the time of the non-compliance which motivates the expropriation or the holding of forced sale, taking into account the loss or reduction of those powers which may be derived from it. In cases where expropriation is not the answer to a non-compliance, but is applied for other reasons (typically, since this is the system chosen for the execution of the planning), the Justiprice must be fixed in the This is a function of the corresponding urban development, since there is no non-compliance with the expropriated one, taking into account the lack of any management burden for the expropriated.

In order to facilitate the understanding of the described scheme, it is appropriate to refer to the determination of the content of the right of urban exploitation through the technique of the use of type.

This technique, similar to that of the average use, aims to guarantee a minimum uniformity in the transcendental aspect of the incidence of urban planning-whatever it is-in the right of ownership property. In fact, urban legislation establishes the framework to which planning must be adjusted (maximum densities, reserves for endowments, criteria for soil classification, etc.), and this will assign classifications and urban qualifications. It is only the impact of the specific urban planning resulting from that legal framework and the determinations of planning on the properties concerned, which resolves the mechanism expressed in the interests of the principle of equality. Translation in urban areas is the fair distribution of burdens and benefits.

V

For the correct application of the configuration scheme of the urban faculties established in the new Law, the programming to be contained in the planning is of primary importance. It is not only that the land use of land requires the prior allocation of this power by urban planning, but that the determination of when the areas affected by the urbanisation process are to be incorporated effectively and The building cannot be conditioned on the free decision of its owners. It must be the urban planning itself that establishes the deadlines that must govern its execution, so that the acquisition of the various faculties of urban content can only be produced if the duties and burdens inherent to it (i) the allocation of the allocation of the Moreover, once acquired, the lack of exercise during the time limits set for this purpose, on the basis of preventing the acquisition of other subsequent ones according to the gradual process of consolidation of rights described above, implies their loss or reduction with the scope and effects that are identified in each case.

VI

The system of valuations contained in Title II draws the consequences inherent in the system of gradual consolidation of the urban faculties. First of all, the maintenance of the duality of criteria of the existing legislation must be emphasized, although with the matization that the initial value is applied to the land not urbanizable and to the unscheduled urbanizable; even the urbanizable programmed, if the development of the precise planning has not yet been completed, it is valued by reference to this initial value. The right to urbanize, which is acquired, as will be remembered, by the approval of the more specific planning of those that are required according to the class of soil, adds to the initial value 50 per 100 of the estimated cost of the urbanization, except that urban land, in which case the pretense of applying initial values would be absurd and, therefore, it is inevitable to use as a reference the urban exploitation attributed by the planning, although as here it is only the the right to urbanize, the valuation cannot be done by the totality of the use, but by a percentage of the same, which has been set at 50 per 100. In the event of loss of this right, the value applicable is, of course, the initial value, except, again, in urban land, in which the valuation will be made on the basis of the utilisation attributed by the previous planning, provided that it does not exceed 50%. 100 of the one attributed by the new planning, which plays in any case as maximum ceiling.

The right to urban development is valued for the application of the tax value, which is obtained by determining the basic unit value of the polygon's impact, in terms of the use and the characteristic building typology resulting from the ordination and weighting the situation of the plot within each polygon. In this way, the criterion is established that the legislation and urban planning provide only leverage, while its concrete assessment is a function of tax legislation. It is obvious that the proper functioning of the system and, more importantly, its material justice, depend on the correction of the tax assessments. In the event of a breach of the duty to build for the absence of the appropriate licence, or to do so in contradiction with the current management and not to be obtained, the right to urban development is considered to be halved for the purposes of the Expropriation assessment. This same reduction applies to the assumption that, acquired the right to build, it is lost by not initiating or not terminating the works within the time frame for it, as well as in the cases of construction carried out without a license or without adjusting to their conditions, which regardless of their disciplinary consequences, are identical to those of non-acquisition of the right to build.

To close this reference to the ratings regime, it is worth highlighting another new law that can report great practical advantages. It is a question of the application of these criteria of assessment to all the expropriations carried out by the public authorities, whether they are framed in the field of the execution of the urban planning as if they have their protection in any other rules. In the case of land expropriation, the tax assessment of which must be determined in the light of the above, it does not seem logical or fair to apply different valuation criteria, depending on the "urban" character or not the expropriation. The purely formal data of the legislation governing the alleged expropriatory should not have consequences in setting the economic equivalent of the expropriated object, when this is the same in all cases.

VII

The remaining Titles of the Law are of fundamental purpose to cover a series of legal instruments whose use by the urban administrations can facilitate their management and, in particular, their intervention in the regulation of the soil market. To this end, they are responsible for the attribution of the rights of the anteo and the retraction in the onerous transmissions of land and buildings that are produced in the areas that to this effect are demarcated, and the promotion of the constitution of public assets of soil, In particular, those of municipal ownership that are the only ones to be regulated here, since the Autonomous Communities are competent in relation to their respective assets and that of the State also has its own regulation. The virtuality of the rights of tanteo and retraction is contrasted in other sectors of the order and although it is true that their effective use depends to a great extent on the availabilities of the resources of the Entities called to exercise them, also It is because, without the support provided to them by this Law, their use would not be feasible even legally.

In terms of land assets, the clearly established possibility of resorting to the expropriation of non-urbanized soil for incorporation should be highlighted, provided that, of course, this classification is not Based on special protection reasons, they should be advised to preserve their natural characteristics.

The empowerment of municipal land assets does not have a purely quantitative, but also a qualitative, scope in terms of the destiny that it has to give to them. In fact, at the time of the decision on urbanization, the land integrated into these assets is primarily linked to the construction of official protection housing or other purposes of social interest, since it would not be fair or consistent with the content of Article 47 of the Constitution that local entities use the land of their property with a purely lucrative view, contributing to increase speculative tensions rather than attenuating them.

VIII

The provisions of the new law should not apply in their entirety, indiscriminately, to all Spanish Municipalities. The situation is very different in that there is a strong real estate demand, especially for residential and tertiary use, and a parallel shortage or insufficiency of supply, and in those others in which there are neither speculative processes nor growth In fact, there are serious problems in the urban development process. The attempt to apply the new regime to this second group of suspects would not be sensible or justified. The scheme of gradual acquisition of urban faculties, conditioned to the fulfillment of the urban duties within the established deadlines, and its consequent value reflection should only be fully applicable where the execution of the planning is called to meet effective social demands. It is, moreover, precisely in these cases when there is a substantial differentiation in the economic content of the aforementioned powers, which justifies their individual consideration and treatment, in the terms set out above.

Although the situation is not the same in all of them, it seems reasonable to establish the full applicability of the law to large municipalities, understanding the provincial capitals, with the metropolitan environments that Autonomous Communities can delimit, and the population of more than 25,000 inhabitants.

The Law provides for the possibility that, in the light of the special circumstances of certain municipalities, the Autonomous Communities will include or exclude the application of certain rules to them. The area of availability of the Autonomous Communities has the limit of the rules that the Law understands applicable to all the municipalities and that are the relative to the gradual acquisition of urban faculties; expropriations, although with character optional in the case of non-compliance with the deadlines for planning and building; public land assets, tanteo and retract rights and the qualification of land for the construction of dwellings subject to any protection regime public.

IX

These clarifications regarding the applicability of the provisions of the Law directly link to the transitional regime in which it is established. Indeed, even in the municipalities which are fully subject to the new system, not all legal precepts will be able to have immediate virtuality, but it is delayed until the approach incorporates the new determinations on the The type of use and the action programme are in line with the legal requirements. In this respect, it has seemed prudent, in order to avoid the paralysis of the implementation of the planning in force, to escape from a process of obligatory adaptation of the same and to provide for the gradual incorporation, without traumas, of the new provisions, when review the programmes of the current plans or adopt new instruments with this nature. This should not prevent, however, that the scheme for the gradual acquisition of urban faculties, based on the fulfilment of the respective duties within the time limits set for this purpose, will apply from the entry into force of the law, since it is the new basic configuration of the right of ownership. To this end, equivalence periods are set to verify compliance with the above duties and to determine, as a result, the temporary moment from which the reaction of the public authorities can be produced before the non-compliance with those and the consequent lack of acquisition of the urban faculties. In any event and until such time as the type of use is determined, the urban advantage which may be acquired will be those resulting from the scheme in force prior to this Law, although the valuation will be based on the Effectively acquired urban faculties.

Finally, for the harmonic integration of the new law with the state planning system in force, the Government is empowered for the elaboration and approval of a recast text, in which the precepts of the The law of the Soil and its implementing and implementing regulations. In this way, it will be maintained unified in a single normative body, the urban regime in force in general in all the territory of the State, without prejudice to its direct application in all the matters that have basic and extra character in the other, according to the order of competence resulting from the Constitution and the Statutes of Autonomy.

TITLE FIRST

Land ownership of land ownership

CHAPTER FIRST

General principles

Item one.

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

Item two.

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

Article three.

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 four.

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

CHAPTER II

Unurbanizable Soil Regime

Article five.

Land classified by urban planning as non-urbanized land, or equivalent denomination attributed by the autonomous legislation, may not be used for purposes other than agricultural, forestry, livestock, (a) the application of the rules governing the use of natural resources, in accordance with the provisions of the legislation governing them, without prejudice to the provisions of the following Article.

Article six.

Authorisable constructions and installations in this soil class shall be as determined in the applicable legislation. In any case, the preservation of the urban development process must be guaranteed.

Item seven.

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.

CHAPTER III

Urban and Urban Soil Regime

Section 1. First owners ' basic rights and duties

Article eight.

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

Article nine.

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 percentage of utilization that is established in each case.

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

d) Request the building license, prior to the fulfillment of the corresponding urban duties, within the time limits set.

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 next section.

Article ten.

1. The owners of all kinds of land and buildings must be used effectively in each case established by the urban planning and maintain them in conditions of safety, health and public ornato. They will also be subject to compliance with the rules on environmental protection and architectural heritage and 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.

Section 2.

Item eleven.

The urbanistic content of the real estate property is integrated by the successive acquisition of the following rights:

1. To be urbanised, the ability to provide services and infrastructures fixed in the planning or, failing that, in the urban legislation, to acquire the condition of solar.

2. For the purposes of urban development, the effective allocation of the owner concerned by an urban performance of the uses and intensities susceptible to private acquisition or its economic equivalent in the terms fixed by the Law.

3. To be built, consisting of the ability to materialize the corresponding urban development.

4. To the building, consisting of the ability to incorporate the building executed and completed with the application of the urban license granted, provided that it is in conformity with the applicable urban planning.

Section 3. Law to be urbanized

Article twelve.

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) In urban land: Plan General and, where appropriate, Special Plan of Interior Reform.

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

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

1. The Public Entities and the private individuals may write and raise to the competent Administration for processing the planning tools in the development of the General Plan.

2. The owners concerned must present such instruments at the time of the application of the applicable planning legislation, subject to the time limits laid down in the planning of conformity, where appropriate, with the provisions of that legislation.

Article fourteen.

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 set for this purpose.

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

Section 4. Law on Urban Development

Article fifteen.

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

2. In the absence of a forecast of deadlines for planning or applicable urban legislation, the time limit shall be four years from the approval of such planning.

3. Accredited by the owners the performance of the duties referred to in paragraph 1, the acting administration shall issue the corresponding certification 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 for this purpose, the formal offer of disposal shall be sufficient.

Article sixteen.

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 the Articles 33 and 34.

2. However, in the alleged expropriations provided for in this Law, the appropriation that can be appropriated will be 50 per 100 on scheduled land land and 75 per 100 on urban land of the use of the distribution.

Article seventeen.

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. º On other lucrative parcels included in the same distribution area, in the event that the holder of the use is affected by public 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 42.2, 46 to 50 and 52 to 54.

Article eighteen.

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 competition, the time-limits laid down in the terms of the programme shall be governed.

2. In the absence of an express forecast in planning or urban legislation, the time limit will be one year since its acquisition.

3. The administrative decision declaring the non-compliance referred to in No 1 shall be given prior to the hearing of the person concerned and shall decide on the expropriation or the compulsory sale of the land, the value of which is determine, in any event, in accordance with the proposed reduction of 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 63 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 nineteen.

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 planning or urban legislation applicable, after conversion of the plot to the site or guaranteeing the execution Simultaneous urbanization and construction. In these cases, the provisions laid down in Article 18.3 shall apply.

3. In the absence of an express forecast as set out in the preceding number, the time limit shall be two years from the date of final approval of the planning referred to in the number 1.

Section 5. Right to build

Article twenty.

The grant of the license will determine the acquisition of the right to build, provided that the project presented is in accordance with the applicable urban planning.

Item twenty-one.

In the case of cancellation of the license, unjustified delay in granting or improper refusal, the injured may claim from the Administration that 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 22.

The lack of acquisition of the right to build for cause imputable to the owner of the land will determine its expropriation or forced sale, with application of the reduction of the use indicated in article 18.1.

Article twenty-three.

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 24.

1. Without the right to be built, 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 goods and the value of the building already completed.

2. The Administration shall expropriate the corresponding land with the works already executed or will agree to its forced sale, as provided for in Article 18.3, valuing those according to the 50 per 100 of the urban development for which it was obtained the license and these for its cost of execution.

Section 6. Right to Building

Article 25.

1. The building completed under an unexpired licence and in accordance with the town planning is incorporated into the estate of the holder.

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 new work declaration scripts under construction, the building license shall be accompanied by a certificate issued by competent technical proof that the description of the new work is in line with the project for the project. that the license was obtained. In this case, the owner must record the termination within three months of the term, by means of 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 twenty-six.

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

2. If the time limits laid down in Articles 18 and 19 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 the period of acquisition of the right to issue the land expropriation or its forced sale has elapsed, it shall be assessed in accordance with the degree of acquisition of urban faculties, with the ceiling of 50 per 100 of the Urban development which can be incorporated into the heritage.

Article twenty-seven.

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 licence within the time limit laid down by the legislation, which may not exceed one year.

4. The term shall be governed by the law of the Member State in the absence of any such time, from the request made to the person concerned.

Article twenty-eight.

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 for the adoption of measures for the restoration of urban lawfulness, 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. Advertising of urban faculties

Article twenty-nine.

1. In the absence of specific urban legislation, the information which, at the request of the individuals, the Councils have to supply on the urban planning system applicable to an estate, unit of execution or sector, shall, where appropriate, express the use of the type 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 such information.

2. 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 15, in order to take a marginal note in the inscriptions of the Respective farms.

CHAPTER IV

Load-and-benefit-sharing areas and execution units

Article thirty.

1. The General Plans will delimit areas for the distribution of loads and benefits for the whole of the urban land, including or not of the general systems, as provided for in the urban legislation.

2. All land classified as land-based must be included in areas of distribution, the delimitation of which will be made in accordance with the applicable urban legislation.

3. In the absence of urban legislation in this field, the following rules apply:

(a) In urban land, land destined for general systems will be excluded from the distribution areas.

When circumstances advise, a single delivery area may be considered as a whole.

(b) On scheduled land, the sectors included in the same four-year term or execution period and the general systems assigned to them for management shall comprise a single delivery area.

c) On unscheduled land-based land, the scopes of each Urban Action Programme will integrate a single delivery area.

Article thirty-one.

1. Within each division area, units of execution shall be defined that permit the joint fulfilment of the duties of the disposal, balance and urbanization of the entire area, in accordance with what is established by the urban legislation. applicable.

2. In urban soil, the units of execution may be discontinuous. Where, even in this way, no implementing units are allowed to be defined in order to permit the joint fulfilment of the basic planning duties referred to in the preceding number, they shall be excluded from such a delimitation, subject to their prior approval. justification, the relevant grounds, the holders of which shall be subject, however, to the obligations laid down in Chapter VIII of this Title.

CapItitle v

Calculating the type of leverage

Article thirty-two.

For each distribution area the General Plan or Program of Urban Performance, 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 following articles.

Article thirty-three.

1. In urban land, 1the use of each distribution area shall be obtained by dividing the total profit, including the private endow, corresponding to the total profit, expressed in square metres of the use and Typical building typology, for its total area excluded the areas affected by public endowments, of general or local character, already existing. The result shall 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.

4. The effective application of the corresponding type of use and of the transfers of the use linked to it will take place, in the areas already built, when the existing building is to be replaced.

5. For the areas referred to special internal reform planning, the General Plan will identify the uses, intensities and building typologies resulting from the action.

Article thirty-four.

1. In urbanizable soils, the General Plan or the Urban Action Programme shall, as the case may be, fix the type of use of each distribution area by dividing the total profit of the areas included in it, expressed in metres Constructed squares 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 building typologies resulting from the sub-zoning they contain, with reference to the characteristic building use and typology.

Article thirty-five.

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 with destinations for the construction of official protection housing or other public protection scheme, it shall consider this qualification as 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 of distribution in which it is included.

4. In urban land, where several areas of distribution have been identified, the rate of use applicable to land for general systems not included in them shall be the average of the type of use of such areas, duly weighted according to their respective area, always referred to residential use.

Article thirty-six.

1. 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 a replacement.

2. 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.

CHAPTER VI

Exploitable appropriation

Article thirty-seven.

1. The development of the urban development susceptible to ownership by the owner of each farm shall be the one referred to in Article 16.

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 42 and 43 of this Law.

Article thirty-eight.

1. The use attributable to urban land for general systems not included in areas of distribution shall be the result of referring to its area 75 per 100 of the type defined by the applicable urban legislation or, in its defect, by Article 35.4, if the planning would have identified several supporting areas in that class of soil, or of the one corresponding to the only delimited area.

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.

Article thirty-nine.

The use attributable to the scheduled urban land destined for general systems that are obtained by expropriation and the one included in an execution unit to be developed by the expropriation system will be the result of Refer to its surface 50 per 100 of the respective type of the respective distribution area.

CHAPTER VII

Acting by running units

Article forty.

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

2. Where a system of private management has been established and the time limits laid down in the planning or, failing that, in Article 15.2, for the fulfilment of the duties of disposal, balance and urbanization, taken from the delimitation of the corresponding unit of execution, without such compliance being produced, will be in accordance with the applicable planning legislation, which must guarantee, in any case, the owners not responsible for the non-compliance with the rights related to the execution of the planning or urban assessment established in this Law for the alleged expropriation as a system of action.

3. 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 In fact, these 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 70 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.

4. Where the execution of the unit is to be carried out by the cooperation system or other equivalent, the owners shall acquire the relevant urban development, provided that they fulfil the obligations and burdens inherent in the system.

Article forty-one.

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 building process.

Article forty-two.

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 intended to compensate owners of land not included in implementing units affected by local endowments or general systems or with actual use less than the type of delivery area 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 current administration may transmit to them the excess of actual profit-taking for the price equivalent to their value urbanistic.

Article forty-three.

1. Where the permitted use is lower than those for purchase by the set of owners, the burden of urbanisation shall be reduced to the value of the non-materializable use, with application in all case of Article 822, Suffering administration to act the resulting difference.

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 and 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.

CHAPTER VIII

Urban soil assistance actions

Section 1. Profit Transfers

Article forty-four.

In urban land, and in the absence of urban legislation, when there is no action through execution units, the adjustment between the exploitable and the real benefits allowed by the planning will produce in the regulated form in this chapter.

Article forty-five.

The application for a building licence must be submitted within the time limit set out in Article 19, and the corresponding plot of the site must be deserved at that time or the same shall be guaranteed. urbanization, proceeding in another case its expropriation or forced sale.

Article forty-six.

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) Agreement on the disposal or distribution of exploitements with owner who is in a reverse situation or affected by a local public endowment not included in an execution unit.

b) Direct purchase from the Administration of precise tapping.

c) Transfer to the Administration of land affected by general systems or local envelopes not included in units of execution.

Article forty-seven.

1. If the actual profitable use of the plot is null, because it is affected by public endowal use, or less than the corresponding appropriate use, this or the part of the same non-susceptible of location in that one may be the object of transfer or distribution agreement with owner who is in a reverse or direct sales situation to the current administration.

2. In the absence of these agreements, the use of non-materializable appropriation must be expropriated by the Administration before the next revision of the plan of urban planning of the General Plan, provided that at that time, in the execution of this Plan, the corresponding parcel or obtained the required building license would have been built.

3. If the action programme has not been revised, the provisions of Article 58 (2) shall apply.

Article forty-eight.

1. If the project submitted for obtaining a building license was in accordance with the 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 to 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 50.

Article forty-nine.

1. When the construction license is requested, it is established that the project is adjusted to the use 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 fifty.

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 shall not reach them or, reaching them, exceed the The administration will require, in the first case, the presentation of a new project adjusted to those, pointing out the benefits. 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 fifty-one.

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 shall, in a further period of equal duration, decide on the co-active imposition of the transfer of the use or the expropriation of the parcel by the corresponding urban value.

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

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

Article fifty-two.

1. In order to facilitate the execution of the planning, the Acting Administration may acquire the leverage attributable to a parcel that is not capable of materialization.

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 fifty-three.

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 71.

Article fifty-four.

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 50.

Section 3. Registration of Harness Transfers

Article fifty-five.

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 fifty-six.

You will not be able to register in the Register of the Property act or any agreement of transfer of urban advantage without being credited, by the appropriate certification issued to the effect, its previous registration in the Registration of Transfer of Aprovings.

CHAPTER IX

Obtaining the dotational Grounds

Article fifty-seven.

1. Land intended for general systems 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 and 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 16.1. The registration of the said agreement in the Registry of Transfer of Exploitation will produce the automatic adage of the land destined to the municipal public domain and its affectation to the intended use in the planning.

(b) In the absence of the previous procedure, or of which, pursuant to Article 17.1.b), it establishes the applicable urban legislation, by means of expropriation or direct occupation.

Article fifty-eight.

1. The expropriation of the general systems and local envelopes referred to in the previous Article shall take place before the next review of the action programme of the general plan.

2. After the expiry of the period for such review without the expropriation having been carried out, the holder of the goods or his successors shall warn the competent authority of its intention to initiate 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 three months elapse without the Administration accepting it, he may be able to address the Provincial Expropriation Jury or equivalent body, 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. The use of urban planning to be taken into account for the determination of the Justiceprice will be the one indicated in Article 38 of this Law or 75 per 100 of the one corresponding to the area of distribution in which it is included in the field affected general systems.

Article fifty-nine.

1. 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.

2. 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:

(a) The relationship of the affected land and owners will be published, urbanistic uses corresponding to each of these and units 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.

(b) The occupation may only be carried out after the period of one month from the notification and at least the following shall be stated:

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

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

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

4) Execution unit where these leverage will be effective.

(c) The actions with the Ministry of Public Prosecutor's Office shall be understood in the case of unknown non-comparative owners who have been incapacitated without a person representing them or in the case of litigious property.

3. The acting body shall issue in favour of each of the owners of the occupied land certification of the ends referred to in paragraph (b) above.

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

5. 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 sixty.

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 that they have measured since their occupation. land until the final approval of the corresponding redistribution instrument.

Article sixty-one.

1. 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.

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

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

Article sixty-two.

1. The production of land for general systems in land-based land will be produced, in the absence of a different forecast by the applicable urban legislation, by direct occupation or by expropriation.

2. In the first case, the provisions of Articles 59 and 60 shall apply in respect of requirements, procedures and effects. In the second, 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.

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

CHAPTER X

Unurbanized Land and Land Registry

Article sixty-three.

1. In the case of non-compliance with urban planning duties referred to in this Law, where the acting administration does not opt for expropriation, it shall agree to the application of the system of forced sale of the land through the procedure which is determine in the applicable urban legislation. In both cases, the owner will be compensated 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 continue the urban and building process.

Article sixty-four.

1. The buildings included in the Register of Solares and Undeveloped Land shall be awarded under 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. No more than one year may elapse from the inclusion of the building in the Register of Solares and Terrain without Urbanizing until the call for the award for its award.

Article sixty-five.

1. The successful tenderer shall be considered to be a beneficiary of the expropriation.

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. Failure by the successful tenderer to contest the time limits shall produce the effects laid down in Chapter III of Title I.

TITLE II

Valuations

Article sixty-six.

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 cost of its urbanization, according to the norms of the the corresponding plan or, failing that, the cost of the conversion of the land to the site.

3. Urban land whose detailed management is not contained in the General Plan in force at the time of the assessment shall be assessed in accordance with the previous planning, unless the value thus obtained exceeds that of 50 per 100 of the Development of urban development susceptible of ownership by its owner according to the new planning, in which case the value of the said percentage will be available.

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 sixty-seven.

The initial value shall be determined by applying the criteria contained in the provisions relating to cadastral valuations, without regard to their possible urban use, except as provided for in the Article 66.2.

Article sixty-eight.

The urban value will be determined according to the set of rights or faculties of this character that at the time of the assessment would have been acquired.

Article sixty-nine.

1. On land-based 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.

Article seventy.

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

a) Urbanizable Soil: initial value.

b) Urban soil: the one set out in the preceding article or the one resulting from the previous planning if it is lower.

Article seventy-one.

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 unit 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 said tax policy. usage.

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

Article seventy-two.

The valuation of land intended for general systems, local allocations in urban land to be obtained by expropriation and those included in implementing units in respect of which the system of Expropriation shall be determined on the basis of the appropriate use made by them in accordance with Articles 38, 39 and 62.2.

Article seventy-three.

The criteria for the valuation of soil contained in this Law shall govern whatever the purpose of the expropriation and the legislation, urban or other, which legitimizes it.

TITLE III

Expropriations

CHAPTER FIRST

General provisions

Article seventy-four.

1. In all the expropriations referred to in this Title, the Acting Administration may apply the joint valuation procedure in the case of urban planning.

2. In expropriations not motivated by the non-performance of urban planning duties, the current administration may satisfy the justiceprice by the award of equivalent land located in the same area of distribution as the expropriates.

3. In cases where, in accordance with the provisions of the urban legislation, the release of the expropriation is agreed upon, the beneficiary shall be subject to the fulfilment of the basic duties established in this Law. The release shall contain the necessary provisions.

Article seventy-five.

1. The reversal will not proceed in the following assumptions:

(a) In the expropriations of land destined for public endowments, both general and local, if, as a result of modifications or revisions of the planning, their specific destination is altered, provided that the new use 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) When the endotational use that motivated the expropriation was effectively implanted and maintained for eight years, even if in subsequent modifications or revisions of the planning its disaffection occurs.

(c) In the expropriations motivated by the non-compliance with urban duties, except that five years had elapsed since the expropriation without the building having been completed, or ten without the urbanisation, 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 set out in the call for the corresponding contest, in accordance with the provisions of Article 64.1.2

2. In the cases referred to in paragraph (c) of the preceding number, the exercise of the right of reversal shall not confer upon the expropriated more urban powers than those taken into account in the determination of the justice.

Article seventy-six.

1. The Local Entities may promote, for the management of expropriations, the associative modalities with other Public Administrations or individuals, in accordance with the legislation of local and urban planning.

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 seventy-seven.

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 98.3 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. for the performance of the respective duties, with the particularity that the use of the appropriation may be reduced by 50 per 100, where this right has not yet been acquired.

CHAPTER II

Expropriatory Assumptions

Article seventy-eight.

1. Expropriation for non-compliance with the social function of the property will apply:

(a) For non-compliance with the deadlines established for the urbanization of the land and its construction, or in general, of the basic duties established 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.

2. Expropriation shall also apply:

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

(b) For the execution of general systems in urban land, as well as local envelopes not included in units of execution where they are not obtained by means of transfers of use.

c) For early obtaining of land for general systems on land-based land.

(d) For the constitution or extension of the municipal land estate 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) In the other legally intended assumptions.

3. The expropriation for the purposes referred to in paragraphs (d) and (e) of the preceding number, in urbanizable soils scheduled or suitable for urbanisation, shall be possible only before the partial planning is approved and, in the case of the latter paragraph, if the destination is the construction of dwellings, it shall require its inclusion in the relevant public action programme.

Article seventy-nine.

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 eighty.

1. Within six months of the expropriation 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 shall be adopted, and, provided that the urban planning has assigned them a residential use, the corresponding land must be used for the construction of housing. under some 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.

CHAPTER III

Determination of Justiprice

Article eighty-one.

1. The valuation of the land will be based on the set of rights of urban content acquired, in the terms set out in the previous Title.

2. The expropriatory justiprice shall be obtained by applying to that value the aggregations and deductions that are indicated in the following articles.

Article eighty-two.

1. Land which has incorporated the right to be urbanised shall be assessed by adding to the urban value corresponding to this stage the amount of expenditure already incurred for the implementation of the Plan, provided that they are duly justified.

2. In the case referred to in Article 19 (1), it shall be deducted from the expropriatory amount corresponding to the urban development which is liable to acquire the cost of the urbanisation which is precise and not carried out according to the rules of this nature. contained in the Plan or, failing that, the costs necessary for the relevant terrain to reach the solar condition.

3. The land which is incorporated in the right to be built shall be assessed, including at the expropriatory price, 25 per 100 of the cost of execution of the project for which the building licence was obtained and the total of the costs which, justifiably, be motivated by the projected or started building.

Article eighty-three.

1. In the cases of expropriation of a land with the legally completed construction, the expropriatory justiprice will differentiate the value of the soil and the value of the building.

2. The value of the soil shall be that corresponding to the urban development effectively materialised on the land without any addition or deduction.

3. The value of the building will be determined according to its cost of replacement, corrected in attention to the age, and state of conservation of the building and conformity or not with the order in force.

Article eighty-four.

1. The expropriation of land included in a unit of execution by the system of expropriation or affections to local endowments in urban land or to general systems shall be determined according to the urban value, in accordance with the set out in Article 72, without any deduction or addition.

2. In the case of expropriations referred to in Article 78,2 (d) and (e), the case shall be determined by application of 75 or 50 per 100 of the use of the corresponding allocation area, in the case of urban or urban land. programmed.

Article eighty-five.

The provisions of this Chapter shall be without prejudice to the application of the specific valuation rules contained in Articles 18.1 and 3, 19.2 and 3, 22, 24.2, 26.3 and 27.2.

TITLE IV

Compensation Assumptions

Article eighty-six.

1. The modification or revision of the Plans will only confer indemnification rights if the acquisition-capable exploitements derived from the new planning were inferior to those resulting from the previous one, provided that these had already been Patrimonialized and could not materialize.

2. By way of derogation from the preceding number, the out-of-order situations arising from the planning changes shall not be indemnified.

Article eighty-seven.

If at the time the modification or revision of the planning took effect, the right to build would have already been patrimonized, but the construction would not have been started, the effectiveness of the (i) a licence as soon as it is not in conformity with the new management, and the reduction of profit resulting from the new urban conditions must be compensated, as well as the concepts mentioned in Article 82.3 of this Law.

Article eighty-eight.

The ordinations that will impose singular links in order to the conservation of buildings, will confer indemnification rights as soon as they exceed the legal duties and in the part not compensated for the benefits that application results.

Article eighty-nine.

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 of the Planning or remembering the expropriation will become useless.

TITLE V

Tanteo and Backlog Rights

CHAPTER FIRST

Delimitation of areas

Article ninety.

1. In order to guarantee the fulfillment of the planning of the planning, to increase the Municipal Heritage of the Soil, to intervene in the real estate market and, in general, to facilitate the fulfillment of the objectives of that, the Ayaldones will be able delimit areas in which the onerous transmissions of land will be subject to the exercise of the rights of the anteo and retract by the respective Corporation.

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 are also included those of land with buildings that do not run the the use of the Plan, with construction building, 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 a year has elapsed since 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.

Article ninety-one.

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 relation of the goods concerned and their owners, and the notification to them, prior to the opening of the information procedure, will be mandatory. public.

3. For the purposes set out in Article 95 of this Law, the Councils shall transmit to the Records of the corresponding Property a certified copy of the plans that reflect the delimitation and detailed relationship of the streets or sectors covered by the those areas and the affected owners and property, by moving the copy of the delimitation agreement.

CHAPTER II

Procedure and effects

Article ninety-two.

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 ninety-three.

1. The City Council may exercise the right of retraction when the notification prevented in the preceding article has not been made, any of the requirements required shall be omitted and the effective price of the transmission shall be lower. or less onerous the remaining conditions of this.

2. This right shall be exercised within 60 calendar days from the date of the notification of the transmission, 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 ninety-four.

1. The effects of the notification for the exercise of the right of tanteo shall expire within four months of the notification.

2. The transmission made after this period shall be understood as being effected without such notification for the purposes of exercising the right of retraction.

Article ninety-five.

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.

CHAPTER III

Transmissions of dwellings subject to public protection

Article ninety-six.

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 notification provided for in Articles 92 and 93.2 for the purpose of the possible exercise of the rights of tantalising and retraction within the time limits laid down therein.

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 91.1 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 ninety-seven.

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 VI

Municipal Soil Heritage

Article ninety-eight.

1. The Municipal Heritage of the Soil shall be integrated into the property of the property which will be classified by the urban planning as urban or urbanizable land programmed and, in any case, those obtained as a consequence of disposals, expropriations urbanistics 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.

3. The goods referred to in this article, once incorporated into the process of urbanization and construction, must be intended for the construction of dwellings subject to any public protection regime or other uses of social interest, according to urban planning.

Article ninety-nine.

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 of such determinations of the Plan or of the Programme, the Councils may delimit surfaces on the expressed soils for the same purpose, by the procedure of delimitation of execution units.

Article 100.

The delimitation of a land as a reserve for the purposes of the expressed purposes will imply the declaration of public utility and the need for occupation for expropriatory purposes.

Article one hundred one.

1. The following review of the Plan General's action programme will be able to classify as unscheduled land land the non-urban land mentioned in Article 99, 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 procedure for modifying Plans to be observed.

ADDITIONAL PROVISIONS

First.

1. This Law shall apply in general, in the terms of the first provision, to the municipalities of more than twenty-five thousand inhabitants and to those in the metropolitan areas defined by the Autonomous Community. corresponding.

2. The Autonomous Communities, where the circumstances so advise, may exclude from the general application of this Law, except in any case the specific provisions contained in the following number, to municipalities which are not capital of the province or with more than fifty thousand inhabitants, and its general application may be available to municipalities of less than twenty-five thousand inhabitants.

3. In the municipalities in which the Law is not applied in general, the specific provisions contained in the Law on the gradual acquisition of urban faculties and valuations, with the exception of those relating to the delimitation of areas of distribution and calculation of the type of use on urban land; expropriations, albeit on an optional basis, in the cases of non-compliance with the deadlines for planning and building; public land assets; qualification of land for the construction of dwellings subject to any protection regime public. In everything else, the urban legislation will continue to be governed in each applicable case.

In these municipalities, the land suitable for urbanisation shall be assimilated to the planned land-plan for the purposes of Articles 12 and 66.

Second.

1. In all municipalities to which this Law applies in its entirety, the Registry of Solares and Terrain shall be established without Urbanizing or adapting the existing Solares Register to include undeveloped land within six months. from the entry into force of the same.

2. In the other municipalities, the creation or adaptation of the register shall be potential, unless otherwise provided for in urban legislation.

3. The provisions of the above numbers shall be without prejudice to the provision of specific system and procedure for the forced sales of land and solar by the urban legislation for non-compliance with urban planning duties.

Third.

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.

Fourth.

In no case shall administrative silence be understood to be acquired by administrative silence contrary to the provisions of this Law or applicable law or urban planning.

Fifth.

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 occupants affected dwellings under the conditions of sale or rent in force for those subject to a public protection regime, and an area appropriate to their needs, within the limits established by the protective legislation.

2. When acting on another system in units of execution, the occupants of dwellings who, in correspondence with their contribution of land, must be awarded the residential character over ninety square metres.

In other cases, the obligation to make the right of return effective shall be the responsibility of the Acting Administration, under the conditions set out in Rule

.

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.

Sixth.

Article 105.2, last paragraph, of the Law on Soil Regime and Ordination, according to Recast Text approved by Royal Decree 1346/1976 of 9 April, is worded as follows:

" In the urban area, the one allowed by the Plan or, where appropriate, the resulting medium utilization in the respective unit of execution. In the absence of a plan or when the plan does not attribute any lucrative use to the land not included in the unit of execution, the use to be taken into account shall be one square meter constructed for each meter of soil referred to the predominant use in the fiscal polygon in which it is included. "

Seventh.

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 validity of this Law, it has the local operations of credit for the sole purpose of financing the actions provided for in this Law.

Eighth.

The financial burden arising from the credit operations which the Local Corporations have made during the years 1991, 1992 and 1993 for the sole purpose of financing the acquisition of 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 referred to in Article 54 of the Law 39/1988, of 28 December, regulating 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.

Ninth.

As of the entry into force of this Law, the classification of a land as urban in municipalities with general planning not adapted to Law 19/1975, of May 2, of reform of the Law on Soil Regime and Ordination Urban, it will require the approval of the project of delimitation of the urban land, referred to in article 2, numbers 2 and 3 of the Royal Decree-Law 16/1981, of October 16. This approval will in any case be the responsibility of the urban planning bodies of the Autonomous Communities.

10th.

First. They shall be entered in the Land 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 law or as a result of transfers of urban development.

3. The opening of a file on urban planning or of those with the object of the administrative award to ensure compliance with the penalties imposed.

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 instruments, instruments of execution of the same or of licences.

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.

Second. Except for cases where the legislation provides otherwise, the acts referred to in the preceding paragraph may be entered in the Register of Property by means of administrative certification issued by the Secretary of the town or town. 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.

Third. 1. The acts and agreements referred to in points 1, 2, 7 and 8 of paragraph 1 shall be recorded by registration.

2. The acts of the first paragraph (3) and (6) shall be recorded by means of a preventive endorsement. Such entries shall expire at four years and may be extended at the request of the acting urban body.

3. The other acts and agreements referred to in paragraph 1 shall be made on a marginal note. Unless otherwise expressly stated, the marginal notes shall have an indefinite effect, but shall not produce any other effect than to make known the urban situation at the time of the title which originated them.

Fourth. 1. The initiation of the repair file or the condition of the land covered by a polygon or a unit of action in compliance with the obligations inherent in the system of compensation shall be recorded in the Register by way of the last domain registration 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 pre-grouping the entire area of the polygon or acting 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 acquiring 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 note (c) may be practised.

5. The title in which the project of repair or compensation is registered will be sufficient for the modification of mortgage entities, rectification of recordable descriptions, registration of farms or excess of space, resumption of the following, and for the cancellation of incompatible real rights, in the form that it is regulated.

6. Within six months, the Government will approve amendments to the Mortgage Regulation for the development of this Additional Disposition.

TRANSIENT PROVISIONS

First.

1. From the entry into force of this Law, the urban value of any land will be the one corresponding to the degree of acquisition of the urban faculties that are defined and regulated in it.

2. Where, in accordance with the provisions of the Fourth Transitional Provision, the type-taking, the urban advantage which is capable of being acquired, has not yet been fixed by performing the duties laid down in the This Law shall be those resulting from the regime in force before it.

3. In any event, the use resulting from the system in force shall apply where, at the time of the fixing of the type-taking, the execution of the planning in the polygon or the corresponding unit of action has been achieved, depending on the cases, the following procedural phase:

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.

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 11.

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 time of approval.

3. The deadlines for building the construction fixed in the current planning will be understood as deadlines for applying for a building license.

Third.

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 urban land or suitable for urbanisation, which at the entry into force of this Law will have an approved Partial Plan, will be of three years to be counted from that date.

2. The deadline for the fulfilment of the expressed duties on polygons or units of action delimited in urban land will be two years from the time of this Law.

3. The deadline for the conversion of plots to solar and application of the corresponding building license in urban land will be two years from the time of this Law, except that in the first six months there would be 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 the building license in those grounds that the entry into force of this law deserves the condition of solar will be one year from that time.

2. In the case of the Second Transitional Provision, if, from the date of entry into force of this 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 in that provision shall apply. this.

Fourth.

1. In the first review of the programme of actions of the General Plans of Municipalities to which this Law is applied in full, the use of the different areas of distribution in urban and urbanizable land will be fixed and will be incorporate the programming determinations contained therein. For this purpose, the action programme may be reviewed in advance.

2. If the fixing of the type-taking takes place without alteration of the uses and intensities resulting from the general planning in force, compliance with the amending procedure of the same shall not be necessary, the procedure of program review.

3. On the surface to be computed for the calculation of the type-use referred to in Article 33.1, 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.

Fifth.

The fixing of the type of use will not affect the full effectiveness of the licenses already granted at the time.

Sixth.

1. The buildings existing at the entry into force of this Law, located in urban or urbanizable soils, carried out in accordance with the applicable urban planning or in respect of which no measures of restoration of the 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 minimum value of the soil shall be the result of the application of 85 per 100 of the corresponding type of use.

Seventh.

The municipalities to which this Law applies in full must have a General Plan adapted to it within the maximum period of three years from its entry into force. Until such adaptation is approved, it shall be as set out in number 3 of the Additional Provision First.

Eighth.

The provisions of Article 25.2 shall not apply to new work declarations completed, at least four years before the entry into force of this Law.

REPEAL PROVISION

The precepts of the current Soil Law and its development regulation and other general provisions that oppose the provisions of this Law are repealed. In particular, the provisions on soil assessment contained in the expropriation legislation are repealed.

FINAL PROVISIONS

First.

1. They have the character of basic legislation as provided for in Article 149.1.1., 8. ª, 13. ª, 18. and 23. of the Constitution, the following Articles: 1 to 11; 12.1, 3 and 4; 13.1; 14; 15.1; 16; 17.1; 18.1 and 3; 19.1 and 2; 20; 22 to 26; 27.1, 2 and 3; 28; 30.1 and 2; 31.1; 32; 33.1, 3, 4 and 5; 34; 35.1, 2 and 3; 36.1; 37.1 and 2; 38; 39; 40.2 and 4; 41; 42.1 and 3; 59; 61; 63.1; 76; 77; 86 to 89; 98; 99.1; Additional Provisions First, Third, Fourth, Fifth, Sixth and Ninth; and Provisions Transitional First; Fourth, paragraph 1; Fifth; Sixth, and Eighth.

2. Articles 149.1.8. and 18. of the Constitution are articles of full application: 21; 29.2; 57.1, b), and 2, b); 58; 60; 62.2; 66 to 75; 78; 81 to 85; 100, and the Additional Provisions Seventh, Eighth and Tenth.

3. The remaining precepts shall be of application in default of specific regulation by the Autonomous Communities in the exercise of their powers.

Second.

The government, within one year of the publication of this Law, will approve a recast text of the existing state provisions on land and urban planning. The recast shall also cover the regularisation, clarification and harmonisation of those provisions.

Therefore,

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

Madrid, 25 July 1990.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ