JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

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

Preliminary title. General provisions.

Article 1. Object of the Law.

Article 2. Definitions.

Article 3. Common goals of public policies for a more sustainable, efficient and competitive urban environment.

Title I. The Building Assessment Report.

Article 4. The Building Assessment Report.

Article 5. Administrative coordination.

Article 6. Training for the Building Assessment Report.

Title II. Actions on the urban environment.

Chapter I. Required actuations and subjects.

Article 7. Purpose of the actions.

Article 8. Bound subjects.

Chapter II. Management and Management.

Article 9. The initiative in the management of the actions.

Article 10. Basic rules for the management and execution of the actions.

Article 11. Economic viability memory.

Article 12. Effects of the delimitation of the areas of management and implementation of the actions.

Article 13. The forms of execution.

Article 14. The rehousing and return rights.

Chapter III. Arrangements for cooperation and coordination to participate in the implementation.

Article 15. Faculties of the entitled subjects.

Article 16. Administrative associations.

Article 17. Conventions for the financing of actions.

Article 18. Interadministrative cooperation.

Article 19. Organisation of cooperation.

Additional provisions.

Additional disposition first. Information at the service of public policies for a sustainable urban environment.

Additional provision second. Real estate cadastre.

Additional provision third. Infringements in the field of certification of the energy efficiency of buildings.

Additional provision fourth. Penalties for energy certification of buildings and graduation.

Transitional provisions.

First transient disposition. Timetable for the implementation of the Building Assessment Report.

Second transient disposition. Temporary rule of exceptional application of minimum soil reserve for protected housing.

Single repeal provision.

Final provisions.

Final disposition first. Amendment of Law 49/1960 of 21 July on Horizontal Property.

Final disposition second. Amendment of Law 13/1998, of 4 May, of Market Management of Tabacos and Tax Regulations.

Final disposition third. Amendment of Law 38/1999, of 5 November, of Ordination of the Building.

Final disposition fourth. Amendment of Law 1/2000 of 7 January of Civil Procedure.

Final disposition fifth. Amendment of Law 21/2003 of 7 July on Air Safety.

Final disposition sixth. Amendment of Law 33/2003 of 3 November of the Heritage of Public Administrations.

Final disposition seventh. Amendment of Law 38/2003 of 17 November, General of Grants.

Final disposition octave. Amendment of Law 47/2003 of 26 November, General Budget.

Final disposition ninth. Amendment of Law 58/2003 of 17 December, General Tax.

Final disposition tenth. Amendment of the recast text of the Local Government Law Regulatory Law, approved by the Royal Legislative Decree of 5 March.

Final disposition eleventh. Amendment of Royal Decree 314/2006, of 17 March, approving the Technical Code of the Edification.

Final disposition twelfth. Amendment of the recast text of the Law of Soil, approved by the Royal Legislative Decree of 20 June.

Final disposition thirteenth. Amendment of the recast of the Law on Public Sector Contracts, approved by the Royal Legislative Decree 3/2011 of 14 November.

Final disposition fourteenth. Amendment of Royal Decree-Law 6/2012 of 9 March 2012 on urgent measures for the protection of mortgage debtors without resources.

Final disposition fifteenth. Amendment of Law 9/2012 of 14 November of restructuring and resolution of credit institutions.

Final disposition sixteenth. Amendment of Law 17/2012 of 27 December of General Budget of the State for the year 2013.

Final disposition seventeenth. Amendment of Law 1/2013, of 14 May, of measures to strengthen the protection of mortgage debtors, debt restructuring and social rent.

18th final disposition. Qualifications required to subscribe to Building Assessment Reports.

Nineteenth final disposition. Basic character and competency titles.

Final disposition 20th. Entry into force.

PREAMBLE

I

The economic and social problems surrounding the land market and housing in Spain are very diverse and, to a large extent, prior to the economic-financial crisis. Most have, in fact, a structural and not just a short-term character, although some of them have been aggravated by the change in the economic cycle, while also contributing to the deepening of the crisis.

The Spanish urban tradition, as the state legislator has already acknowledged in Law 8/2007, of 28 May, of Soil, has turned fundamentally into the production of new city, discompensating the necessary balance between these actions and those which, oriented towards the existing urban fabric, make it possible to act intelligently in the cities, trying to generate economic and social welfare and guaranteeing the quality of life for its inhabitants. These other interventions are much more complex, both from a social and an economic point of view; complexity that is exacerbated at the present time as a result of an unfavourable context for public funding, due to the processes of In the case of the financial sector, the budgetary stabilisation, and also for private financing, is due to restrictions on access to credit, resulting from the crisis in the financial sector and the impoverishment of many families as a result of high levels of unemployment.

However, the path of economic recovery, by reconversion of the real estate and construction sector and also the guarantee of a sustainable and inclusive model, both environmental, social and economic, require The European Commission has been able to make the most of its efforts in the areas of rehabilitation and urban regeneration and renovation, which are the main object of this law. As follows from the Urban Information System and the Study of Residential Sectors in Spain 2011, both developed by the Ministry of Development, Spain currently has, if demand is not reactivated, soil capable of receiving new growth urban planning for the next forty-five years. This situation is exacerbated when it is observed that much of these soils are located in environments where no increase in demand is expected in the coming years. To this is the significant data of new vacant housing, 723,043 houses. Both in the short term and in the medium term, it will be very difficult for the real estate and construction sectors to contribute to the growth of the Spanish economy and to the generation of jobs if they continue to be based, mainly and in general, on the urban transformation of virgin soils and the construction of new housing.

But even if this is the case, the current legislation already provides a response to these processes, while there is no development in the same way as to support rehabilitation and regeneration operations. and urban renewal, in which, moreover, legal obstacles still persist, preventing their implementation or, even, their own technical and economic feasibility. It is therefore necessary to create a suitable regulatory framework for such operations, which not only fills the existing legal loopholes, but also removes the obstacles that make them impossible in practice and which leads to income generation. own to deal with them.

Rehabilitation and urban regeneration and renovation also have another important role to play in the economic recovery, contributing to the conversion of other sectors, including the tourism sector. Tourism is key to the economy of our country and accounts for more than 10.2% of GDP, contributing 11.39% of employment. Many "mature" tourist destinations face a systemic problem in which they have much to do with the physical deterioration of their endowments and in respect of which, the implementation of strategies for rehabilitation, regeneration and urban renewal could generate positive impacts which, in turn, would serve as an essential lever for the economic development of Spain.

II

It does not seem to admit doubts that the Spanish edified park needs rehabilitation and regeneration interventions and urban renovation that will make it effective for all, the constitutional right to a housing adequate and adequate, as well as the requirement of the duty of its owners to maintain the buildings in adequate conditions of conservation. Approximately 55% (13,759,266) of this built-in park, amounting to 25,208,622 dwellings, is prior to the year 1980 and almost 21% (5,226,133) are over 50 years old. The only instrument that currently allows to determine the degree of preservation of the buildings, the Technical Inspection of Buildings, is not only insufficient to guarantee this objective, and thus it is evidenced from the most diverse sectors This is not even established in all the Autonomous Communities, nor is it required in all the Spanish municipalities.

To this end we must unite the great distance that separates our built park from the European requirements regarding the energy efficiency of the buildings and, through them, of the cities. Almost 58% of our buildings were built in advance of the first legislation that introduced minimum energy efficiency criteria in Spain: the basic standard for building NBE-CT-79, on thermal conditions in buildings. The European Union has set a number of objectives in the 20-20 "Energy and Climate Change" Package, which sets out, for the 27 Member States, two mandatory targets: the reduction of 20% of greenhouse gas emissions and the reduction of greenhouse gas emissions. raising the contribution of renewables to 20% of consumption, together with an indicative target, to improve energy efficiency by 20%. These European objectives are translated into national objectives, and this law undoubtedly contributes to the fulfilment of these objectives, through the rehabilitation measures that will help to reduce energy consumption, which will promote clean energy and that, As a result of the above measures, they will reduce greenhouse gas emissions in the sector. In relation to this last objective, Spain must reduce by 2020, 10% of the emissions from the diffuse sectors, with respect to the year 2005. Within these sectors, defined as those not included in the emissions trading, is the residential, which, together with the commercial and institutional sector accounts for 22% of the diffuse emissions, being also responsible for indirect emissions, for electricity consumption. Emissions from the diffuse sectors account for 2/3 of the total, so the objective of advancing a "low carbon economy", through actions in low quality housing, which in Spain are among those built in the decades of the 50, 60 and 70, and improving the efficiency of the residential park as a whole, is key.

Precisely, the recent Directive 2012/27/EU on energy efficiency, after recognising that buildings account for 40% of the European Union's final energy consumption, requires not only a yearly renewal of an energy significant percentage of central government buildings to improve their energy efficiency, but also to the Member States to establish a long-term strategy, up to the year 2020-to undermine the level of emissions of CO₂-and until 2050-with a commitment to reduce the level of emissions by 80-95% in (i) to encourage investment in the renovation of residential and commercial buildings in order to improve the energy performance of the whole of the real estate park. Through this strategy of comprehensive and cost-effective renovations that reduce the energy consumption of buildings, in significant percentages with respect to the pre-renovation levels, growth opportunities will also be created and of employment in the construction sector.

And still, the percentage of rehabilitation in Spain in relation to total construction is also one of the lowest in the euro area, with 13 points below the European average, which It has an environment of 41.7% of the construction sector, and this still has the collapse of this sector in Spain, as a result of the crisis.

This activity, globally understood, is not only capable of meeting the objectives of energy efficiency and economic recovery already expressed, but also of contributing actively to environmental sustainability, to the social cohesion and the improvement of the quality of life of all citizens, both in housing and in buildings, and in urban areas. Not in vain, many of the most important urban regeneration and renovation operations have, moreover, an integrated character, that is, they articulate social, environmental and economic measures, which add up to the strictly physical ones to achieve, by a unitary strategy, the achievement of those objectives.

In sum, the rehabilitation activity as a whole must seek areas that allow for the application of comprehensive policies that provide for interventions not only in the physical-spatial sphere, but also in the social, economic, and social fields. The environment and the integration of the city. The size of these operations will allow the development of networks of energy installations at the neighbourhood level, with less consumption of resources, and which would allow the neighborhoods to tend to energy self-sufficiency in the medium term.

III

Without prejudice to the powers of the Autonomous Communities in housing and urban planning, the State cannot be kept out of the reality of the Spanish real estate sector, and with it, of our economy, nor of the social and environmental challenges posed, not only because part of the answers correspond to their field of competence, but also because many of the demands that are demanded in relation to a sustainable urban environment, come today of the European Union or of international commitments made by Spain. Among them, Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002, subsequently recast in Directive 2010 /31/EU of the European Parliament and of the Council of 19 May 2010 on energy efficiency buildings and Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, to which the Thematic Strategy for the Urban Environment, the European Reference Framework can be added for the Sustainable City, or the Declaration of Toledo-approved by the Ministers responsible for urban development of the 27 Member States of the European Union on 22 June 2010-according to which " the main battle of urban sustainability is to be played precisely in achieving the maximum possible eco-efficiency in the urban fabric of the city already consolidated ", highlighting the importance of integrated urban regeneration and its strategic potential for smarter, more sustainable and socially inclusive urban development in Europe.

The regulation that contains this rule is framed in a context of economic crisis, whose output depends to a great extent-given the weight of the real estate sector in this crisis-of the recovery and reactivation-especially of the employment-of the construction sector. Such an exit, in a context of the improvenance of expansion policies, such as the generation of new city and new housing, is only possible by acting on the real estate and the existing building.

It is also part of the need to operate, in parallel, on the existing real estate assets for the purpose of contributing to the energy saving, with the relaunch of the materials industry, as well as the Other installations and endowments of building and renewable energy technologies, to deal with, not only the energy challenges of the Spanish economy-dependence of the outside on primary energies and increase of costs and risks that such a dependency implies-but also to the commitments acquired in the context of the The European Union and its package of energy objectives and the fight against climate change for the year 2020. These commitments include intervention on the existing housing stock as a sector in which considerable energy savings are possible and in which there is also an impact from the point of view of the fight against climate change. induced by greenhouse gases.

This rule constitutes basic legislation issued under the State competence to lay down the bases and coordination of the general planning of economic activity, as recognised in Article 149.1.13. Constitution, and consequently a "common denominator" of "nuclear character" that leaves sufficient room for the Autonomous Communities to exercise their own competences. In addition, and in the terms set out in the final decision of the 19th century, this Law is issued under the jurisdiction of the competent authorities referred to in Article 149.1.1., 8. ª, 14. ª, 16. ª, 18. ª, 23. ª, 25. and 30. of the Constitution, which attributes to the State the competence to regulate the basic conditions that guarantee equality in the exercise of rights and in the fulfilment of constitutional duties, civil legislation, general government and debt of the State, bases and General coordination of health, bases of the legal system of public administrations, common administrative procedure, legislation on compulsory expropriation and the system of liability of public administrations, basic legislation on environmental protection, the bases of the energy system and the regulation of conditions for obtaining, issuing and approving academic and professional qualifications.

Within this framework, the objectives pursued by this Law are as follows:

First, strengthen building rehabilitation and urban regeneration and renovation, removing existing obstacles and creating specific mechanisms that make it viable and possible.

Secondly, to offer a suitable regulatory framework to enable the reconversion and reactivation of the construction sector, finding new areas of action, in particular, in the rehabilitation of buildings and in the urban regeneration and renovation.

Third, to promote quality, sustainability and competitiveness, both in building and in the soil, bringing our regulatory framework closer to the European framework, especially in relation to the objectives of efficiency, savings energy and the fight against energy poverty.

To do this, in addition to the contents of the new law, whose role basically lies in filling the existing legal gaps, it is necessary to deal with the modification of the following rules currently in force, both for remove those obstacles that prevent today reaching the proposed objectives, such as to adapt the existing ones to the new ones: the recast text of the Law of Soil, approved by the Royal Legislative Decree of 20 June, Law 2/2011, of 4 of March, of Sustainable Economy, Royal Decree-Law 8/2011, of July 1, of measures of support to the mortgage debtors, control of public expenditure and cancellation of debts with companies and self-employed by local authorities, promotion of entrepreneurial activity and impulse of rehabilitation and administrative simplification, the Law 38/1999, of 5 November, of Ordination of the Building, Royal Decree 314/2006, of March 17, for which the Technical Code of the Edification and the Law 49/1960, of 21 July, on the Horizontal Property is approved. In some cases, the amendment includes the repeal of certain precepts.

The three objectives outlined in the previous paragraphs align with Directive 2010 /31/EU, in so far as this Law aims to promote energy efficiency and address the challenges brought about by climate change. To this end, the opportunity offered by the transformation of the production model towards environmental, social and economic sustainability parameters, with the creation of jobs linked to the environment, the so-called green jobs, is recognized. concrete, those linked to renewable energy and the policies of rehabilitation and energy saving.

IV

The Act consists of a Preliminary Title, two Titles, four additional provisions, two transitional provisions, one derogating provision and twenty final provisions.

The Preliminary Title of the Law describes its object, which consists in regulating the basic conditions that guarantee a sustainable and competitive development of the urban environment, as well as the promotion and promotion of the actions that lead to the rehabilitation of buildings and to the regeneration and renovation of existing urban tissues, where they are necessary to ensure the quality of life and the effectiveness of their right to enjoy decent housing and The preliminary title, likewise, refers to the policies that the public authorities, within the In the framework of the principles of economic, social and environmental sustainability, territorial cohesion, energy efficiency and functional complexity, they must formulate and develop their competences. For all this, the state legislator has a constitutional jurisdiction, in accordance with the provisions of Article 149.1.1., 8th, 13th, 16th, 18th, 23rd and 25th of the Constitution.

V

Title I contains the basic regulation of the Building Assessment Report, which is part of that established by Royal Decree-Law 8/2011 of 1 July 2011, of measures to support mortgage debtors, control of expenditure The Commission also noted that the Commission's proposal for a Council Directive on the application of Article 1 of the Directive on the application of Article 1 (2) of Regulation (EU) No. Among them, the one that fully identified it with the Technical Inspection of Buildings regulated by the Autonomous Communities and by some of the Aymás and, precisely, to its only effects. The state legislator, in regulating this Assessment Report, tries to ensure the quality and sustainability of the built park, as well as to obtain information that allows it to guide the exercise of its own policies. To this end, it is equipped with an instrument which gives the necessary uniformity to the contents that are necessary to ensure the fulfilment of these objectives, without prejudging the concrete measures of administrative intervention that The competent authorities should be able to implement, in order to adapt-gradually in time-the Spanish built park, to minimum criteria of quality and sustainability. Their demand is also limited to those buildings which have a real significance in relation to the above mentioned objectives, as well as to a given state-wide economic and housing policy, which are those of collective typology and provided that their use is residential or assimilated.

It is also intended to provide the competent authorities with an instrument to enable them to have the precise information to assess compliance with the legally enforceable basic conditions, both in terms of conservation, such as accessibility. Thus, the first ones are regulated in the recast text of the Law of Soil, approved by the Royal Legislative Decree of 20 June, and the second ones are derived from Law 26/2011, of August 1, of normative adaptation to the International Convention on the Rights of Persons with Disabilities, which requires the making of reasonable adjustments in terms of universal accessibility (with their corresponding works), establishing even a deadline, which ends in the year 2015, of which they can be legally required, both for the buildings, and for the public spaces existing urbanised and therefore also controlled by the competent public administration.

Finally, the report contains an indicative section on a key aspect to improve the quality of life of citizens, energy efficiency and the fulfilment of Spain's commitments to Europe in the Horizon 2020: Certification of the Energy Efficiency of Buildings required by Directive 2002/91/EC of the European Parliament and of the Council of 16 December on energy efficiency and by Directive 2010 /31/EU of the European Parliament European Council of 19 May 2010 and the Council of 19 May 2010. The certification will contain not only a rating of the building for such purposes (through letters from A to G), but also recommendations on the energy improvements that could be made, analysed in terms of cost/benefit and classified according to their technical, economic and functional feasibility and their energy impact. Since the Directive requires this certification to be attached when a dwelling is put up for sale or for rent, in the interests of greater market transparency, greater information for owners and a lower cost in their issuance, the double rationality and synergy that involves including it in the building assessment report.

VI

Title II contains the regulation of the actions on the urban environment, ranging from the edificatory rehabilitation, to those involving urban regeneration and renovation, identifying the legitimate subjects for to participate in them and to provide new instruments that will undoubtedly help to facilitate the management and the necessary inter-administrative cooperation in these cases. The Law extends the recognized powers to the communities of neighbors, groups of homeowners and housing cooperatives, to act in the real estate market with full legal capacity for all operations, including credit, (a) to ensure compliance with the legal obligation of conservation, and to introduce the management tools and mechanisms for inter-administrative cooperation aimed at strengthening the framework in which the actions are carried out. This is linked to the search for mechanisms that aim to ensure that the funding for rehabilitation is more accessible and is more within the reach of stakeholders. Other specific mechanisms are also established to facilitate the financing of these actions, among which are the agreements between the public administrations, the owners and other subjects to be involved in the execution, which may include, from the joint exploitation of the building or parts thereof, to the following types of contracts or collaboration:

-cession, with the right to lease or grant the right of exploitation to third parties, in exchange for the deferred payment of the part of the cost that corresponds to the owners of the farms.

-permuse or cession of land or part of the building subject to rehabilitation for certain future construction.

-lease or transfer of use of premises, housing or any other element of a term building determined in exchange for payment by the tenant or transferee of all or any of the following concepts: taxes, fees, quotas to the community or group of communities of owners or of the cooperative, conservation costs, etc.

-to constitute joint ventures or joint ventures with minority private participation.

In addition, regardless of whether any possible coordination formula is allowed to be implemented, the collaboration and economic cooperation of the General Administration of the State in any of the forms is ensured. legally provided for, provided that priority is given in State aid to actions aimed at conservation, building rehabilitation and urban regeneration and regeneration as they are conceived in the relevant State plans.

VII

The additional provisions contain four different content rules. The first one collects the general and integrated information system that will be available under Law 2/2011 of 4 March on Sustainable Economy, to ensure that the General Administration of the State, in collaboration with the Autonomous Communities and the Local authorities will promote the permanent updating and exploitation of the information needed for the development of public policies in favour of a sustainable and competitive urban environment. The second clarifies that everything provided for in the recast text of the Law of the Land Registry, approved by the Royal Legislative Decree 1/2004, of 5 March, in particular regarding the use of the cadastral reference, remains in force. the incorporation of the descriptive and graphic cadastral certification and the obligations of communication, collaboration and supply of information provided by the cadastral regulations. The third and fourth additional provisions regulate, respectively, infringements in respect of certification of the energy efficiency of buildings and penalties, as well as their graduation.

VIII

The transitional regime contains two provisions. The first of these aims to set the timetable for the owners of the buildings referred to in Article 4 to be provided with the Assessment Report under this Law, establishing a reasonable gradual scheme which, in the line already established by Royal Decree-Law 8/2011 of 1 July 2011, of measures to support mortgage debtors, control of public expenditure and the cancellation of debts with companies and self-employed persons contracted by local authorities, promoting the business activity and boost of rehabilitation and administrative simplification has in (more than 50 years), without prejudice to the provision of the specialities required by those buildings which have already passed the technical inspection, in accordance with their own regulations, in order to avoid duplication undesirable, and those whose holders are seeking to avail themselves of possible State aid for rehabilitation. It is also established a longer term than the one that ends in 2015, in accordance with the provisions of the aforementioned Royal Decree-Law 8/2011, which is unaffordable for the more than 3 million houses affected. The aim is to gradually adapt our building to minimum conservation, accessibility and quality conditions, which are already in demand under the current legislation, without prejudice to what is necessary. establish, in addition, the Autonomous Communities and the Councils themselves.

The second establishes, by way of exception, and for a period not exceeding four years, a transitional rule which seeks to bring the said minimum compulsory reserve into line with the reality of the market as well as that of its potential beneficiaries. The rule contained in article 10.1 (b) of the current Soil Law made sense at a time of expansion of our real estate markets, prolonged and intense in time, while in a context marked by public aid to the acquisition of this kind of housing. The reality, however, is quite different today. The current situation of the families that have met the conditions to be able to access these houses, together with the accumulated sharp fall in the prices of free housing during the last years and the lack of adequacy to this situation, in the Protected housing modules, have caused two effects that advise the establishment of this exceptional and temporary rule: on the one hand the substantial approach of the prices of both, which subtracts all competitiveness to the sheltered housing, characterized by a much more restrictive legal regime than that of free housing, and difficult economic situation of families, both in terms of income so as to be able to acquire a home, and in terms of access to the credit of financial institutions. All this leads to the fact that today, in the stock of unsold housing already built, houses with public protection are found, derived from compliance with the aforementioned minimum state reserve and that this reserve, therefore, is not only contributing to the compliance with the intended purpose, but rather irrigizing the operations which, especially in the urban land, but also to a great extent in the area of urbanizable, have possibilities of being realized, even in the moments difficult that the real estate sector is going through.

Finally, the repeal provision contains, in addition to the general clause, the explicit repeal of all those articles of the various Laws already mentioned, which are subsumed in this Law, with a new wording, systematic and consistent.

IX

The final provisions regulate other aspects of the Law of Undoubted Relevance. Among them, the modifications introduced on other laws and a real decree, today in force, with the objective of contributing to the achievement of the objectives pursued, as is specifically the case, with the Law of Soil, approved by the Royal Decree Legislative 2/2008, of 20 June, Law 49/1960, of 21 July, of Horizontal Property, Law 38/1999, of 5 November, of Management of the Building and Royal Decree 314/2006, of March 17, of the Technical Code of the Edification. In addition, fourteen final provisions contain so many specific legal changes, considered necessary from various aspects.

The final provision first contains amendments to Law 49/1960 of 21 July, of the Horizontal Property, in order to prevent the current regimes of established majorities from preventing the performance of the actions provided for in the new law. Some of the most important effects of the decision by the communities of owners are not to be made by unanimity or by a very qualified majority, especially when they will include works which, even if they affect the to the statutes, in reality they are the responsibility of the acting administration to authorize or, in some cases, to demand.

The second final provision amends paragraph 1 of the seventh additional provision of Law 13/1998, of 4 May, of Market Management of Tabacos and Tax Regulations, in order to provide a technical improvement in its wording.

The third final provision amends Law 38/1999, of 5 November, for the Management of the Edification, to link the application of the Technical Code of the Edification, in a specific way, to the interventions carried out in the the existing buildings referred to in points (b) and (c) of Article 2.2 of that Law. All this, regardless of whether the Technical Code of the Edification will apply, in addition, to all the interventions in the existing buildings, whose effects, their compliance may be justified in the project or in a memory subscribed by the competent technical person, together with the application for the licence or administrative authorization which is required for the performance of the works, thus overcoming the current lack of control over such compliance, in most of the works of rehabilitation.

The fourth final provision amends some provisions of Law 1/2000 of 7 January of Civil Procedure with the aim of introducing technical improvements in its wording.

The fifth final provision amends Law 21/2003, of July 7, of Air Safety, with the aim of expressly enabling the Government to regulate the minimum content of the Plan of Assistance in cases. air accident, since such content, on the basis of the guidelines of the International Civil Aviation Organisation (ICAO), implies the assumption by air carriers of obligations of different nature.

The sixth final provision amends Law 33/2003 of 3 November of the Heritage of Public Administrations, on the one hand, with the aim of enabling SEGIPSA to act as a means of all powers. contracting parties to the General Administration of the State and as an instrument specializing in the management of the assets of the General Administration of the State and the entities which, having the status of contracting authority, belong to the Sector State Public. On the other hand, in order to facilitate the access of the stakeholders to the disposal procedures, the existing conditions are relaxed.

The final provisions seventh, eighth and ninth, respectively, amend Law 38/2003 of 17 November, General of Grants; Law 47/2003 of 26 November, General Budget and Law 58/2003 of 17 of December, General Tax. In all of these, it is a question of establishing a framework of collaboration between the General Intervention of the State Administration and the Tax Agency, in order to an effective exchange of information between the two, a measure that complements those already adopted for the fight against late payment, by means of Royal Decree-Law 4/2013, of 22 February, of measures of support to the entrepreneur and of encouragement and growth and job creation, which is now dealt with as Bill of Law.

The final provision of the 10th amendment changes the recast text of the Local Government Law Regulatory Law, approved by the Royal Legislative Decree of March 5, in order to deepen the compliance with the principle of transparency contained in the Organic Law 2/2012 of 27 April on budgetary stability and financial sustainability.

The final provision eleventh amends Royal Decree 314/2006, of 17 March, approving the Technical Code of the Edification, in order to solve the problems that it poses in relation to the rehabilitation, and that are being claimed by the main players in the sector. Among these amendments, they highlight those that seek to eliminate the definitions related to rehabilitation works that currently lead to error, the inclusion of the criteria of flexibility and not worsening in the application of the Code Technical assistance to existing buildings and, finally, the obligation to declare the level of performance achieved and the conditions of use and maintenance resulting from the intervention. In the last two cases, it is a question of bringing an element of transparency in the market and of putting in value the rehabilitation. All this, regardless of whether subsequent amendments to this Code are being made, with an eminently technical nature, in order to adapt it to the intervention on existing buildings, which would already be in the form of an Order Ministerial.

The final disposition twelfth includes an important modification of the recast text of the Law of Soil, approved by the Royal Legislative Decree of 20 June. First of all, the regulation of the legal obligation of conservation is completed, in order to systematize the three levels that already, in accordance with the current legislation, they configure it: a first basic or strict level, in which the duty of conservation The aim is, in general, to target uses compatible with spatial and urban planning and the need to ensure the legally enforceable safety, health, accessibility and ornate. In addition, in particular, the legal duty of conservation also contains the need to satisfy the basic requirements of the building, as laid down in Article 3.1 of Law 38/1999 of 5 November, of Ordination of the Building, This is the most consistent approach to the traditional reference of this duty to safety and health, without the fact that compliance with these requirements means, in general, the retroactive application of the Technical Code of the Edification, approved by Royal Decree 314/2006, of March 17, to the building constructed with prior to the entry into force of the same.

A second level, in which the duty of conservation includes the works and works necessary to adapt and to progressively update the buildings, in particular the installations, to the legal norms that will be explicitly required at any time. It is not a matter of retrospectively applying the rules, but of including in this duty the obligations which for the existing building explicitly will introduce the regulations of the sector with the objective of maintaining its conditions of use, in accordance with the evolution of social needs.

And a third level, in which it is more precisely defined and more specifically outlined, the character of the additional works included within the conservation duty itself, for reasons of general interest, developing what The Law of Soil defined as "improvement". Two scenarios are distinguished: traditional tourist or cultural reasons, which are already part of the autonomous urban planning legislation, and the improvement of the quality and sustainability of the urban environment, introduced by Law 2/2011 of 4 March, Sustainable Economy, which may consist of partial or complete adaptation to all or some of the basic requirements set out in the aforementioned Technical Code of the Edification. In both cases, the imposition of the duty shall require the Administration, in a reasoned manner, to determine the level of quality to be attained by the building, for each of the basic requirements to which the imposition of the same and its limit is maintained on the same terms as already contained in the legislation in force.

The proposed modification does not therefore impose new construction works, since the duty of conservation has had and continues to have the same contents as now observed in article 9 of the recast of the Law of Soil. They are also mandatory, provided that they fit into the concept of reasonable accommodation, the works to be guaranteed by universal accessibility, with the maximum limit being met in 2015.

Another objective of the reform of the recast text of the Law of Soil is to eliminate the unjustified urban burdens that exist in relation to the already urbanized soils and that prevent the practice of actions governed by this Law. These charges are established with a practical identity between the soils in the urbanized situation and the soils in rural situations, destined for an urban transformation operation. In this sense, the brief regulation on land in a situation of urbanisation, under Article 12.2, is completed with the aim of allowing its instrumental use in the service of the basic legal status of land ownership and of the system of valuations and allowances. It is also intended to limit, to those effects, the possible consideration as soils in the situation of urbanized soils of certain soils that, even under the urban planning, and on the basis of their classification as urban soils in their category of non-consolidated, at all they have, both in accordance with the state definition, and with the own autonomic regulation. This amendment is complemented by the repeal of Article 2 of the valuations Regulation, approved by Royal Decree 1492/2011 of 24 October, which is already considered to be incompatible with legal modification.

With regard to the actions of urban transformation, modifications are introduced to adapt its current parameters to the reality of the urban environment and the actions that occur, both on the built heritage, as well as on the urban fabric itself. To this end, to the above mentioned actions, in which the actions of the endowment are included, the so-called "building actions" are added, which include both the new construction and the replacement of the existing building, the building rehabilitation, understanding for such the realization of the works and works of maintenance or intervention in the existing buildings, their facilities and common spaces, in the terms laid down by Law 38/1999, 5 of November, of the Sorting of the Building, when the elements that make up the the essence of the actions of urban transformation. Among them, the urbanization, the reform or renovation of it and the readjustments between new endowments and increases of buildability or density and the changes of use. It also adapts to this new regime, that of the urban duties established by article 16 of the current recast text of the Law of Soil, while incorporating in the documentation of the planning instruments that understand the management of such interventions, a memory of economic sustainability, the purpose of which shall be to ensure, prior to the execution of such interventions, that an appropriate balance is struck between the benefits and the burdens.

With the same idea of flexibility, a modification is included in the basic state rule that, since 2007, has sought to guarantee a minimum supply of land for affordable housing, requiring 30% of the buildability Planned residential, in all soils that were the object of urbanization actions. This rule, which applied equally to urban soils and urbanizable soils, is specifically relaxed when the performance is carried out on land in a situation of urbanized, with the idea of ensuring to the greatest extent possible the complicated feasibility of urban renewal operations involving a redevelopment of the scope of action.

Finally, exceptional rules are also included for those cases where action is projected on highly degraded areas of the cities, or with a very high percentage of infrastructure, in which both the The lack of available soils in their immediate environment to ensure consistency in the delivery of soil duties, such as compliance with certain charges, could frustrate their priority purpose, which is to overcome such situations. In such cases, the exceptional rule is justified by the need to prioritize among the various public interests in the presence.

The final provision of the 13th amendment amends the recast text of the Public Sector Contracts Act, approved by the Royal Legislative Decree 3/2011, of 14 November to incorporate a new 30th additional provision Fourth, which states that, in the case of contracts executed in the form of a succession of goods and services of a unit price, the administration's demands exceeding the maximum budget which was the subject of a tender to award the contract, have the treatment of modifications provided for in the documentation governing the tendering procedure; that contract.

The final provisions of the 14th and 15th amendments, respectively, amend Royal Decree-Law 6/2012 of 9 March 2012 on urgent measures for the protection of mortgage debtors without resources and Law 9/2012 of 14 November 2012. for the restructuring and resolution of credit institutions. In both cases it is a matter of including mere technical improvements.

The final provision of the 16th amendment amends Law 17/2012 of 27 December of the State Budget for the year 2013 to introduce additional elements of transparency which, moreover, are in line with the practice existing currently.

The 17th final provision amends Law 1/2013 of 14 May for measures to strengthen protection for mortgage debtors, debt restructuring and social rent, again with the aim of providing an improvement technique.

The final provision of the 18th refers to a later regulatory development, through the Order of the Ministries of Industry, Energy and Tourism, and the Promotion, the determination of the qualifications that will be required to subscribe Building Assessment Reports that regulate this Act, as well as the qualifications required to subscribe to the Building Assessment Reports.

The last two final provisions, that is, the nineteenth and twentieth contain the usual contents dedicated to the foundation of the competences of the State in the regulated matters and the entry into force of the own Law.

PRELIMINARY TITLE

General provisions

Article 1. Object of the Law.

This law aims to regulate the basic conditions that guarantee a sustainable, competitive and efficient development of the urban environment, through the promotion and promotion of the actions that lead to the rehabilitation of the buildings and the regeneration and renovation of existing urban tissues, where they are necessary to ensure that the citizens have an adequate quality of life and the effectiveness of their right to enjoy decent and adequate housing.

Article 2. Definitions.

For the purposes of this Law, and provided that the specifically applicable legislation does not result in any more detailed definition, the concepts included in this article will be interpreted and applied, with the meaning and the following scope:

1. Habitual residence: the place of residence of the person concerned for a period of more than 183 days per year.

2. Under-provision: the building, or part thereof, intended for housing, which does not meet the minimum conditions required in accordance with the applicable legislation. In any event, housing which does not comply with the requirements for area, number, size and characteristics of habitable parts, which have serious deficiencies in their endowments and facilities, shall not be met. basic and those that do not meet the minimum requirements for safety, universal accessibility and habitability required for building.

3. Cost of replacement of a construction or construction: the present value of construction of a new plant, equivalent to the original in relation to the constructive characteristics and the useful surface, realized with the conditions necessary for their occupation to be authorized or, if necessary, to be in a position to be legally destined for the use that is appropriate to it.

4. Reasonable adjustments: the adequacy of a building to facilitate universal accessibility in an effective, safe and practical way, and without a disproportionate burden. In order to determine whether or not a charge is proportionate, account shall be taken of the costs of the measure, the discriminatory effects that its non-adoption could represent, the structure and characteristics of the person or entity to be put into practice and the possibility of obtaining official financing or any other aid. The burden is to be understood to be disproportionate, in buildings constituted under horizontal ownership, where the cost of the works passed on an annual basis, and discounting the public aid to which it may be entitled, exceeds 12 ordinary common expenses.

5. Real estate complexes:

5.1 Private real estate complex: that property complex subject to the unitary property organisation scheme referred to in Article 17.6 of the recast of the Soil Law, approved by the Royal Legislative Decree 2/2008 of 20 June, as well as the special property regimes established by Article 24 of Law 49/1960 of 21 July on Horizontal Property.

5.2 Urban housing complex: the integrated, in accordance with the provisions of Article 17.4 of the recast of the Law of Soil, by overlapping surfaces, in the scraper and the subsurface or the flight, destined for the building or private use and public domain.

6. Building of residential typology of collective housing: the building of more than one dwelling, without prejudice to the fact that it may contain, simultaneously, other uses other than the residential one. In the same way, the building is intended to be occupied or inhabited by a group of persons who, without constituting a family nucleus, share services and undergo a common system, such as hotels or residences.

Article 3. Common goals of public policies for a more sustainable, efficient and competitive urban environment.

The public authorities will formulate and develop in the urban environment the policies of their respective competence in accordance with the principles of economic, social and environmental sustainability, territorial cohesion, efficiency energy and functional complexity, for:

(a) To enable residential use in residential housing of habitual residence in a safe, healthy, universally accessible, adequate and socially integrated urban context, provided with the equipment, services, materials and products that eliminate or, in any case, minimize, by application of the best available technology in the market at reasonable price, the pollutant and greenhouse gas emissions, the consumption of water, energy and the production of waste, and improve its management.

b) Promoting and encouraging economic and social dynamisation and adaptation, rehabilitation and occupation of vacant or disused housing.

c) Improving the quality and functionality of the endowments, infrastructure and public spaces at the service of all citizens and promoting more efficient and environmentally efficient general services.

(d) to encourage, with the necessary infrastructures, equipment and services, the location of stable economic activities generating stable employment, especially those that facilitate the development of the scientific research and new technologies, improving the productive fabric, through intelligent management.

e) Ensuring the universal access of citizens to infrastructures, endowments, equipment and services, as well as their mobility.

(f) Integrate into the urban fabric how many uses are compatible with the residential function, to contribute to the balance of the cities and the residential nuclei, favouring the diversity of uses, the approximation of the services, endowments and equipment to the resident community, as well as cohesion and social integration.

g) Promoting the protection of the atmosphere and the use of clean materials, products and technologies to reduce the polluting and greenhouse gas emissions of the construction sector as well as materials reused and recycled that contribute to improving the efficiency of resource use.

h) Prioritize renewable energy from using fossil energy sources and combat energy poverty with measures in favor of energy efficiency and energy saving.

i) To value, where appropriate, the tourist perspective and to allow and improve the responsible tourist use.

j) Promote the value of the urban heritage and built with historical or cultural value.

k) Contribute to the rational use of water, fostering a culture of efficiency in the use of water resources, based on savings and reuse.

TITLE I

The Building Assessment Report

Article 4. The Building Assessment Report.

1. The owners of buildings located in buildings with residential typology of collective housing may be required by the competent authority, in accordance with the provisions of the first transitional provision, to credit the the situation in which they are located, at least in relation to the state of conservation of the building and compliance with the existing universal accessibility regulations, as well as the degree of energy efficiency thereof.

2. The Assessment Report, which determines the extremes referred to in the previous paragraph, shall identify the immovable property, with the expression of its cadastral reference and shall contain, in detail:

a) The assessment of the conservation status of the building.

b) The assessment of the basic conditions of universal accessibility and non-discrimination of persons with disabilities for the access and use of the building, in accordance with the current regulations, establishing whether the building is whether or not to make reasonable adjustments to satisfy them.

c) The certification of the building's energy efficiency, with the content and through the procedure established for the same by the current regulations.

When, in accordance with the regional or regional regulations, there is a Technical Inspection Report that already allows the evaluation of the extremes referred to in points (a) and (b) above, it can be complemented with the aforementioned certification in point (c), and shall have the same effects as the report covered by this Law. In addition, where it contains all the elements required in accordance with that legislation, it may have the effects thereof, both as regards the possible need for the remedy to be remedied, and in respect of the (i) the possible implementation of the same in substitution and at the expense of the obliged, irrespective of the application of the disciplinary and sanctioning measures that they have taken, in accordance with the provisions of the applicable urban legislation.

3. The Assessment Report carried out by the community or group of community owners that refer to the whole of a building or real estate complex will extend its effectiveness to each and every one of the premises and houses. existing.

4. The Evaluation Report will be at least ten years old, with the possibility of establishing the Autonomous Communities and the Aymás a lesser periodicity.

5. Failure to fulfil the obligation to complete the assessment report covered by this Article and the transitional provision shall be completed in time and shall be regarded as an urban infringement, with the character and consequences of the urban regulations applicable to non-compliance with the obligation to provide for the technical inspection report on buildings or equivalent, within the time limit expressly laid down.

6. Owners of buildings required to carry out the report covered by this Article shall send a copy of the report to the body to be determined by the Autonomous Community so that the information is part of an integrated register. only. The same rule shall apply in relation to the report certifying the performance of the works concerned, in cases where the assessment report includes the one corresponding to the technical inspection, in accordance with the terms laid down in the the last subparagraph of paragraph 2, and provided that the latter derives from the need to remedy the deficiencies observed in the building.

Article 5. Administrative coordination.

To ensure the principles of information, coordination and effectiveness in the actions of Public Administrations, and to facilitate citizen knowledge in relation to the sustainability and quality of the urban environment and the park built, the Building Assessment Reports will serve to nurture the censuses of buildings, buildings, dwellings and premises specified for rehabilitation, as referred to in the additional provision first.

Article 6. Training for the Building Assessment Report.

1. The Report of the Assessment of Buildings may be concluded by the competent technicians and, where appropriate, the registered inspection bodies which may exist in the Autonomous Communities, provided that they have those technicians. For such purposes it is considered to be an optional competent technician who is in possession of any of the academic qualifications and enabling professionals for the drafting of projects or management of works and management of works of building, as laid down in Law 38/1999 of 5 November, on the Management of Edification, or has accredited the qualification necessary for the implementation of the Report, as laid down in the final provision of the 18th.

Such technicians, where they consider it necessary, may, in relation to the aspects relating to universal accessibility, be able to obtain the expert criterion of entities and associations of persons with disabilities who have a (a) accredited career paths in the territorial area concerned and the promotion of such accessibility between their social aims.

2. In the case of buildings belonging to the Public Administrations listed in Article 2 of Law 30/1992, of 26 November, of a Legal Regime of Public Administrations and of the Common Administrative Procedure, they may subscribe the Assessment Reports, where appropriate, those responsible for the relevant technical services which, due to their professional training, may assume the same functions as referred to in the previous paragraph.

3. The deficiencies which are observed in relation to the assessment of the provisions of Article 4.2 shall be justified in the Report under the criterion and the responsibility of the competent technician who subscribes to it.

TITLE II

The actions on the urban environment

CHAPTER I

Enforced and bound actions

Article 7. Purpose of the actions.

1. In accordance with the provisions of this Law, in the State legislation on land and buildings, and in the legislation of spatial and urban planning, actions on the urban environment are defined as those that aim to carry out building rehabilitation works, where there are situations of insufficiency or degradation of the basic requirements of functionality, safety and habitability of buildings, and of urban regeneration and renovation, when they affect buildings, such as urban fabrics, being able to include works of new construction in replacement of previously demolished buildings.

2. Urban regeneration and renovation activities will also have an integrated character when they are articulated in social, environmental and economic measures in a global and unitary administrative strategy.

Article 8. Bound subjects.

The performance of the works included in the actions referred to in the previous article corresponds, in addition to those subjects to which the legislation of spatial and urban planning attributes this obligation, to the following:

(a) The owners and holders of rights of use granted by them, in the proportion agreed upon in the corresponding contract or legal business that legitimizes the occupation. In the absence of such a contract, or where the contract does not contain any provision relating to the said proportion, it shall be for the latter or those, depending on whether or not the works have the character of minor repairs motivated by the daily use of the housing, its facilities and services. The determination shall be made in accordance with the rules governing the contractual relationship and, where appropriate, with the proportions shown in the Land Registry, relating to the good and its annexes to the proprietary use.

(b) The owners ' communities and, where appropriate, the community groups of owners, as well as the housing cooperatives, with respect to the common elements of the construction, building or real estate complex in the horizontal ownership and condos system, without prejudice to the duty of the owners of the farms or separate elements of private use to contribute, in the terms of the community or group of communities ' statutes cooperative, to the expenses incurred by the latter.

(c) Public Administrations, when they affect elements of the urbanization and there is no legal duty for the owners to assume their cost, or when they finance part of the operation with public funds, in the Subsidiary execution assumptions, at the expense of the obligors.

CHAPTER II

Management and Management

Article 9. The initiative in the management of the actions.

1. The initiative to propose the management of the actions of building rehabilitation and those of urban regeneration and renovation, may start from the Public Administrations, the public entities attached or dependent of the same and the owners. In particular, communities and groups of owners ' communities, housing cooperatives, owners of land, buildings, buildings, and urban estates will be entitled to this. actual or profit-making rights, and companies, entities or companies involved in the name of any of the above subjects.

2. The Public Administrations shall take measures to ensure the performance of conservation works and the implementation of urban regeneration, regeneration and renovation activities that are accurate and, where appropriate, formulated and implement the instruments that establish them, where there are situations of insufficiency or degradation of the basic requirements of functionality, security and habitability of buildings; obsolescence or vulnerability of neighborhoods, of areas; or of homogeneous urban assemblies; or serious situations of energy poverty. In such cases, priority will be given to measures to eliminate situations of under-life, to ensure safety, health, habitability and universal accessibility and rational use of energy, as well as those which, with such objectives, such as the initiative of the individual themselves included in the field, or a broad participation of them in it.

Article 10. Basic rules for the management and execution of the actions.

1. The actions of building rehabilitation and those of urban regeneration and renovation that involve the need to alter the urban planning in force, will observe the procedural procedures required by the applicable legislation for make the corresponding modification. However, such legislation may provide for certain programmes or other management instruments to be adopted at the same time as, or independently of, the amendment of the procedures for the approval of the rules. regulations, with the same effects as the planning plans themselves would have. In any case, they shall incorporate the economic sustainability report or report that governs the following article.

Actions that do not require the alteration of the existing urban planning, will require the delimitation and approval of a field of joint action, which may be continuous or discontinuous, or the identification of the performance In the case of a proposal from the subjects mentioned in the previous article, and at the choice of the City Council.

2. The administrative arrangement by which the areas of joint action are defined or the actions to be implemented in isolation shall be authorised, shall ensure, in any event, that the notifications required by the legislation are carried out. applicable and the processing of information to the public where it is mandatory, containing, in addition and at least, the following:

(a) Advance of the balance that is necessary, understanding the distribution, among all the parties concerned, of the costs resulting from the execution of the corresponding performance and the profits attributable to it, including public aid and all aid to generate some kind of income linked to the operation.

The balance will be based on the participation fees that correspond to each of the owners in the community of owners or in the group of owners ' communities, in the housing cooperatives that they may be constituted for the purpose, as well as the participation which, where appropriate, corresponds to the agreement to which it has been reached, to the undertakings, entities or companies involved in the operation, in order to give back their action.

b) The temporary and final realojo plan, and return to what, if any, of the place.

3. It shall be possible to occupy the areas of free space or public domain which are indispensable for the installation of lifts or other elements, as well as the common areas for private use, such as clothing, rest, overlying, overlying and supporting, whether located on the ground, or on the ground or in the flight, where it is not feasible, technically or economically, for any other solution to ensure universal accessibility and provided that the functionality of the free spaces, public endowments and other elements of the public domain. For such purposes, urban planning instruments shall ensure the application of such a rule, either by allowing those areas not to compute for the purpose of the buildable volume, or from minimum distances to linderings, other buildings or to the public or alignments, either by applying any other technique which, in accordance with applicable law, achieves the same purpose.

4. The provisions of the above paragraph shall also apply to spaces requiring the performance of works which are to reduce at least 30% the annual energy demand for heating or cooling of the building and which consist of:

a) the installation of thermal insulation or facades ventilated by the exterior of the building, or the closing or glazing of the terraces already covered.

b) the installation of bioclimatic devices attached to the facades or covers.

(c) the construction of the works and the establishment of the necessary facilities for the centralisation or allocation of common energy installations and solar collectors or other renewable energy sources, on the facades or covered when they achieve to reduce the annual non-renewable primary energy consumption of the building by at least 30%.

d) The construction of works in common areas or housing that will reduce, at least, by 30 percent, the consumption of water in the whole of the building.

5. Where the actions referred to in the preceding paragraphs concern buildings declared to be of cultural interest or subject to any other protection regime, innovative solutions shall be sought to make the adaptations necessary. to improve energy efficiency and ensure accessibility, without prejudice to the necessary preservation of the values to be protected. In any event, they shall be notified favourably, or authorised, where appropriate, by the competent authority for the management of the applicable protection scheme, in accordance with their own rules.

Article 11. Economic viability memory.

The management and execution of the actions referred to in the previous article will require the realization, with prior character, of a memory that will assure its economic viability, in terms of profitability, of adaptation to the limits the legal obligation to preserve and to balance the benefits and the burdens arising therefrom for the owners included in their scope of action and shall contain at least the following elements:

(a) A comparative study of the existing urban parameters and, where appropriate, those proposed, with the identification of the basic urban determinations relating to buildability, uses and building typologies and networks public that should be modified. The memory will analyse, in particular, the modifications to increase of buildability or density, or the introduction of new uses, as well as the possible use of the soil, flight and subsoil in a differentiated way, to achieve a greater approach to the economic equilibrium, the profitability of the operation and the failure to exceed the limits of the legal duty of conservation.

(b) Basic economic determinations concerning the impact values of each proposed urban use, estimate of the amount of investment, including both direct and indirect public aid, and corresponding compensation, as well as the identification of the subject or persons responsible for the obligation to pay for public networks.

c) The investment analysis that can attract the performance and the justification that it is capable of generating sufficient income to finance most of the cost of the proposed physical transformation, guaranteeing the the lowest possible impact on the personal property of individuals, measured in any case, within the limits of the legal duty of conservation.

The analysis referred to in the preceding paragraph shall include, where appropriate, the possible participation of rehabilitation companies or providers of energy services, water supply, or telecommunications, when they assume the commitment to be integrated in the management, through the financing of part of the management, or of the infrastructure network that is responsible for them, as well as the financing of the operation by means of savings that are depreciable over time.

(d) The time horizon which, where appropriate, is necessary to ensure the depreciation of investments and the financing of the operation.

e) The assessment of the public capacity needed to ensure the financing and maintenance of public networks to be financed by the Administration, as well as its impact on the relevant Haciendas Public.

Article 12. Effects of the delimitation of the areas of management and implementation of the actions.

1. The spatial delimitation of the scope of action of building rehabilitation and urban regeneration and renovation, whether joint or isolated, once firm in administrative way, causes the following effects:

(a) means the declaration of the public utility or, where appropriate, the social interest, for the purposes of the application of the regimes of expropriation, sale and forced substitution of the goods and rights necessary for its execution, and their subjection to the rights of tanteo and retraction in favor of the Acting Administration, in addition to those other that expressly derive from the provisions of the applicable legislation.

b) legitimizes the occupation of the surfaces of free spaces or public domain of municipal ownership that are indispensable for the installation of elevators or other elements to guarantee universal accessibility, the final approval causes sufficient reason for a transfer of use of the flight to be established for the time when the building is maintained or, where appropriate, its recalification and disaffection, with post-community disposal or grouping of corresponding owners ' communities, provided that it is not feasible economically any other solution and the functionality of the corresponding public domain is guaranteed.

When, for the purposes and with the requirements set out in the preceding paragraph, it is necessary to occupy public domain goods belonging to other administrations, the Councils may request the transfer of their use or disaffection thereof, which shall, where appropriate, proceed in accordance with the provisions of the relevant legislation.

c) marks the beginning of the actions to be performed, in accordance with the management form by which the Acting Administration has opted.

2. The administrative conformity or authorization corresponding to any of the actions referred to in paragraph 1 shall determine the direct and immediate actual condition of the properties constituting the private elements of the horizontal or private property schemes, irrespective of their ownership, to the performance of the duty to pay for the works. The actual condition shall be indicated by a marginal note in the Land Registry, with the express constancy of its actual guarantee character and with the same preference and priority regime established for the actual condition to the payment of the urbanization in urban transformation actions.

Article 13. The forms of execution.

1. The public authorities may use, for the development of the activities of implementation of the actions of the building rehabilitation and the urban regeneration and renovation, all the modalities of direct and indirect management admitted by law on the legal system, on the recruitment of public administrations, on local arrangements and on spatial planning and urban planning.

2. Depending on the form of management that is adopted, the following common procedural rules will apply in any case:

(a) in the expropriation, the owner's consent will not be required to pay the corresponding expropriation in kind, when the same is carried out within the management scope itself and within the time limit established for the completion of the corresponding works. Likewise, the release of the expropriation shall not be exceptional, and may be agreed at the discretion of the Acting Administration, when sufficient guarantees are provided, by the owner released, in relation to the compliance of the obligations that correspond to it.

(b) in the subsidiary execution by the Public Administration, it shall replace the owner or holders of the real estate or property, assuming the power to build or rehabilitate them from those.

3. Both in the cases provided for in the previous paragraph, and in all other cases resulting from a public initiative, the Administration shall decide whether to execute the works directly or if it is awarded by means of the call for a public tender, in which case the bases shall lay down the criteria applicable to the award of the contract and the minimum percentage of the ceiling built to be attributed to the owners of the building subject to the compulsory replacement, under of horizontal ownership. In such competitions, any natural or legal person interested in taking action, including the owners who are part of the relevant field, may submit tenders. To this end, they must be an administrative association which will be governed by the provisions of the territorial and urban planning legislation in relation to the Urban Conservation Entities. The award of the contest shall take into account, on a preferential basis, those alternatives or offers which propose adequately advantageous terms for the owners concerned, except in the case of non-compliance with the social function of the ownership or of the time limits laid down for its implementation, as set out in Article 9.2 of the recast text of the Soil Law, approved by the Royal Legislative Decree of 20 June, establishing incentives, attracting investment and offering guarantees or possibilities of collaboration with them; and those that produce a greater benefit to the community as a whole and propose works to eliminate the situations of under-reporting, compliance with the legal obligation to preserve, guarantee universal accessibility, or to improve energy efficiency.

In addition, collaboration agreements may be concluded between the Public Administrations and the public entities assigned or dependent on them, which have as their object, among others, to grant the execution to a Consortium has been established, or to a limited-duration joint venture company, or for an indefinite period, in which the public authorities shall hold the majority holding and, in any event, exercise effective control, or the decisive position in its operation.

Article 14. The rehousing and return rights.

1. In the execution of the actions provided for by this Law that require the eviction of the legal occupants of buildings that constitute their habitual residence, they must guarantee the right of those to the rehoming in the terms established by The Soil Law and the legislation on spatial and urban planning:

(a) the expropriating administration or, where appropriate, the beneficiary of the expropriation, when action is taken for expropriation. For such purposes, they must make available to those, dwellings under the conditions of sale or rent in force for the dwellings subject to some regime of public protection and adequate surface to their needs, within the limits established by the protective legislation. The supply of the replacement housing, in the regime in which the expropriated is occupied, shall be equivalent to the payment of the expropriatory justiprice, unless the expropriated chooses to receive it in cash, in which case it shall not have the right to rework.

b) the promoter of the action, where action is taken by means of joint management, by means of non-expropriatory procedures. In such cases, the sponsor shall ensure the rehousing, under the conditions laid down in the applicable legislation.

2. Where the application of the expropriation is not applicable, the tenants who, as a result of the rehabilitation or demolition work, are unable to make use of the rented dwellings, shall have the right to accommodation. temporary, as well as return when possible, both rights being exercisable in front of the owner of the new building, and for the time remaining until the end of the contract.

To make the right of return effective, the owner of the farm must provide a new dwelling, the area of which is not less than fifty percent of the previous one and whenever it has, at least, ninety meters square, or not less than the one with which it has, if it did not reach such a surface, of characteristics similar to that and which is located in the same solar or in the environment of the building demolished or rehabilitated.

3. The right of rehoming is personal and non-transferable, except in the case of the forced heirs or the surviving spouse, provided they credit that they share with the holder in terms of habitual residence, the dwelling object of the realojo.

4. Any rehousing procedure shall at least respect the following common procedural rules:

(a) The Acting Administration shall identify the legal occupants referred to in paragraph 1 by any means admitted in law and notify them of the inclusion of the building in the relevant action; (a) a hearing procedure which, if there is also a time limit for public information, will coincide with the hearing.

b) During the process of hearing or informing the public, the interested parties, as well as accrediting that they comply with the legal requirements necessary to be holders of the right of rehoming, may request the recognition of such right or give up your exercise. The absence of response shall not prevent the Administration from continuing the procedure.

(c) After the completion of the procedure provided for in the preceding letter, the Administration shall approve the definitive listing of persons entitled to rehousing, if they have not already done so before and shall notify them to the affected.

(d) By way of derogation from the foregoing paragraphs, the right of rehoming may be recognized by other persons who, after the relevant time, are satisfied that they meet the legal requirements to have such right.

5. In order to make the right to rehousing cash, it will be necessary to provide housing for each of the houses affected by the action, either in the same area of action, or, if not possible, the closest to the same. Where it is not materially possible to provide such housing, holders of the rehousing right shall be entitled to its economic equivalent.

The replacement housing shall have an area appropriate to the needs of the holder of the rehousing right and, in the event that this person is a disabled person, it shall be a dwelling accessible or in accordance with the needs arising from disability.

The right of rehousing will in any case respect the limits established by the applicable protected housing legislation.

6. The recognition of the right to rehousing is independent of the right to receive the appropriate compensation, where pre-existing rights are extant, except as provided for in paragraph 1 (a).

CHAPTER III

Formulas for cooperation and coordination to participate in the execution

Article 15. Faculties of the entitled subjects.

1. In addition to the competent public authorities, public entities attached to or dependent on them and the public authorities responsible for the rehabilitation and renovation of urban areas may participate in the implementation of the building rehabilitation activities and urban regeneration and renovation activities. communities and groups of communities of owners, housing cooperatives and administrative associations formed to the effect, owners of land, buildings, buildings and urban estates and rightholders actual or profit-making, as well as undertakings, entities or companies which (a) intervene for any degree in such operations and the administrative associations which are constituted by them in accordance with the provisions of the legislation on land and urban planning or, failing that, by the following Article.

2. Participation in the implementation of the actions provided for in this Law shall, wherever possible, be produced in a system of balance of charges and benefits.

3. For the purposes of their participation in the actions governed by this law, the subjects referred to in paragraph 1, in accordance with their own nature, may:

(a) Act on the real estate market with full legal capacity for all transactions, including credit, related to the performance of the conservation duty, as well as with the participation in the execution of rehabilitation measures and urban regeneration and renovation activities that correspond to them. To this end, they may draw up, on their own initiative or on behalf of the person responsible for the management of the action concerned, the corresponding management plans or projects corresponding to the action.

(b) Constituted in administrative associations to participate in the public competitions that the Administration has for the purposes of adjudicating the execution of the corresponding works, as fiduciaries with full power device on the common elements of the corresponding building or real estate complex and the estates belonging to the owners members of those buildings, without any limitations other than those laid down in their respective statutes.

c) To assume, by themselves or in association with other subjects, public or private, intervening, the management of the works.

d) constitute a conservation and rehabilitation fund, which will be nurtured by specific contributions from the owners to this end and with which they will be able to cover payments of contribution contributions to the corresponding works.

e) To be directly beneficiaries of any incentive measures established by the public authorities, as well as recipients and managers of the aid granted to property owners.

f) Grant public writings for the modification of the horizontal property regime, both in relation to the common elements and the properties of private use, in order to accommodate this regime to the results of the works of Building and regeneration rehabilitation and urban renovation in the management of which they participate or which they directly carry out.

g) To be beneficiaries of the expropriation of those parts of floors or premises of buildings, predominantly intended for use in housing and constituted under horizontal ownership, which are indispensable for the installation of the common services provided for by the Administration in plans, delimitation of areas and execution orders, as it may be unfeasible, technically or economically any other solution, provided that compliance with the minimum area is ensured; and the standards required for buildings, housing and common spaces.

h) Request credits in order to obtain funding for conservation works and the actions covered by this Law.

Article 16. Administrative associations.

1. The administrative associations referred to in Article 15 shall have their own legal personality and administrative nature and shall be governed by their statutes and by the provisions of this Article, irrespective of other procedural rules. (i) specific measures in the field of spatial planning and urban planning. They will depend on the current urban administration, who will be responsible for the approval of their statutes, from which time they will acquire the legal personality.

2. The agreements of these associations shall be adopted by a simple majority of participation quotas, unless a special quorum is established for certain cases in the statutes or in other rules. Such agreements may be contested in the light of the current urban administration.

3. The dissolution of the associations referred to in this article will be produced by the fulfillment of the purposes for which they were created and will require, in any case, agreement of the current urban administration. However, the approval of the dissolution of the entity shall not proceed until the performance of the remaining obligations is recorded.

Article 17. Conventions for the financing of actions.

1. The public authorities acting, the officials responsible for the management and implementation of actions for the purposes of building and regeneration and urban renewal and the other subjects referred to in Article 15.1 may conclude with each other, for the purpose of facilitating the management and implementation of the following contracts, inter alia:

(a) Contract of disposal, with the right to lease or grant the right of exploitation to third parties, of urban estates or of elements of them for a given time in exchange for the deferred payment of the part of the cost that This is the case for the owners of the farms.

b) Contract of permuse or cession of land or part of the building subject to rehabilitation for certain future construction.

(c) Contract for the lease or transfer of use of premises, housing or any other element of a term building determined in exchange for payment by the tenant or transferee of payment of all or any of the following: taxes, fees, community fees or the pooling of communities of owners or of the cooperative, conservation and rehabilitation and urban regeneration and renovation works.

(d) Convention for the joint exploitation of the building or parts thereof.

2. In the case of housing cooperatives, the contracts referred to in points (a) and (c) of the preceding paragraph shall only reach the commercial premises and the facilities and buildings which are complementary to their property, such as: establishes its specific legislation.

Article 18. Interadministrative cooperation.

1. They will be able to benefit from the cooperation and economic cooperation of the General Administration of the State, in any of the legally provided forms and taking precedence in existing state aid, the actions with coverage in the corresponding state plans that have as their object:

a) Conservation, building rehabilitation and urban regeneration and regeneration as defined in this Law and are conceived in the corresponding State Plans.

(b) The elaboration and approval of the instruments necessary for the management and management of the actions covered by this Law and, in particular, those that aim to act on degraded urban areas, Disadvantaged and vulnerable or suffering from problems of a similar nature that combine economic, environmental and social variables.

c) Those other actions which, irrespective of the provisions of the preceding subparagraph, are intended to act in areas of isolated or joint management, with the aim of eliminating the infrastructure, ensuring accessibility or improve the energy efficiency of buildings.

2. Public administrations will jointly promote economic activity, environmental sustainability and social and territorial cohesion. For such purposes, they may subscribe to the inter-administrative arrangements for allocating funds.

Article 19. Organisation of cooperation.

1. Public administrations that cooperate in the management of the actions governed by this Law may agree by agreement, in which the communities and groups of communities of owners may participate, as well as, where appropriate, the administrative associations of some and the other subjects referred to in Article 15, the following aspects:

(a) The organisation of the management of the execution, which may take the form of a consortium or a mixed-capital commercial company, even with minority private participation.

(b) The procedure and the competence for the determination of the manager directly responsible for the execution where it is not directly assumed by one of the acting Administrations or the consortium or the company incorporated in the effect.

(c) The specific terms and conditions, including public aid and incentives, for the management and implementation of the action in question, which may in turn be implemented by means of agreements between the manager responsible for the action and any of the subjects referred to in Article 15.

2. All the conventions referred to in the preceding paragraph shall be of a legal and administrative nature, with the knowledge of any issues relating to them being the subject of the administrative-administrative jurisdiction.

Additional disposition first. Information at the service of public policies for a sustainable urban environment.

To ensure the obtaining, permanent updating and exploitation of the information necessary for the development of policies and actions referred to in Articles 3, 4 and 5 of this Law, the General Administration of State, in collaboration with the Autonomous Communities and Local Administrations, will define and promote the application of the basic criteria and principles that enable, from coordination and complementation with the competent authorities in the subject, the training and the permanent updating of a general information system; integrated, comprehensive, at least, of the following instruments:

(a) Censuses of buildings, buildings, dwellings and unoccupied premises and of the need for improvement or rehabilitation.

(b) Layers of run-down, obsolete, disadvantaged or distressed urban areas, defined as urban regeneration and renovation, or building rehabilitation actions.

c) The general and integrated public system of information on land and urban planning, provided for in the first provision of the recast text of the Law of Soil, approved by the Royal Legislative Decree of 20 June, through which citizens will have the right to obtain by electronic means all the urban information coming from the different Administrations, with respect to the planning of the territory carried out by them.

Additional provision second. Real estate cadastre.

The provisions of this Law are without prejudice to the provisions of the recast text of the Law of the Land Registry, approved by the Royal Legislative Decree 1/2004 of 5 March, in particular as regards the use of the cadastral reference, the incorporation of the descriptive and graphic cadastral certification and the obligations of communication, collaboration and provision of information provided by the cadastral regulations.

Additional provision third. Infringements in the field of certification of the energy efficiency of buildings.

1. Administrative offences relating to the certification of energy efficiency of buildings constitute the actions or omissions which have been established and sanctioned in this provision and in the following additional provision, without prejudice to other civil, criminal or other order responsibilities that may be present.

2. Breaches in the field of energy certification of buildings are classified as very serious, serious and minor.

3. They constitute very serious infringements in the field of energy certification of buildings:

(a) Falsifying information on the issue or registration of energy efficiency certificates.

b) Act as a certifier technician without meeting the legally required requirements to be so.

(c) Act as an authorised independent agent for the control of the certification of the energy efficiency of buildings without the proper clearance granted by the competent body.

(d) Publicity for the sale or rental of buildings or parts of buildings, an energy efficiency rating that is not supported by a duly registered certificate in force.

(e) In addition, serious infringements of the serious infringements provided for in paragraph 4 shall be very serious where, during the three years preceding their commission, the offender has been given a firm sanction for the same type of violation.

4. They constitute serious infringements:

(a) Incompliance with the conditions set out in the methodology for the calculation of the basic procedure for the certification of the energy efficiency of buildings.

(b) Failure to comply with the obligation to present the energy efficiency certificate to the competent authority of the Autonomous Community in respect of the energy certification of where the building is located, for registration.

c) Do not incorporate the project energy efficiency certificate into the building execution project.

d) Display of a label that does not correspond to the energy efficiency certificate validly issued, registered and in force.

e) Selling or renting a property without the seller or lessor delivering the energy efficiency certificate, valid, registered and in force, to the buyer or tenant.

(f) In addition, the minor infringements referred to in paragraph 5 shall be serious infringements where, during the year before their commission, a firm sanction for the same type of infringement was imposed on the infringer.

5. They constitute minor infractions:

(a) Publicity of the sale or rental of buildings or units of buildings that are required to have an energy efficiency certificate without mentioning their energy efficiency rating.

b) Do not display the energy efficiency label in the cases where it is mandatory.

c) The issue of energy efficiency certificates that do not include the minimum required information.

d) Failure to comply with the obligations to renew or update energy efficiency certificates.

e) Do not incorporate the building's energy efficiency certificate completed in the Building Book.

f) The display of energy efficiency labels without the legally established minimum format and content.

g) Publicity of the qualification obtained in the project's energy efficiency certification, when the energy efficiency certificate of the finished building is already available.

h) Any actions or omissions that violate the provisions of energy efficiency certification when they are not classified as serious or very serious violations.

6. They shall be liable for the offences defined in this provision, the natural or legal persons and the communities of goods which make them, even in the form of simple non-compliance.

7. The instruction and resolution of the sanctioning files to be initiated shall be the responsibility of the competent bodies of the Autonomous Communities.

Additional provision fourth. Penalties for energy certification of buildings and graduation.

1. The offences listed in the additional third (new) provision shall be sanctioned as follows:

a) The minor infractions, with a fine of 300 to 600 euros.

b) Serious infractions, with a fine of 601 to 1,000 euros.

c) Very serious violations, with a fine of 1,001 to 6,000 euros.

2. However, in cases where the benefit which the infringer has obtained by the commission of the offence is greater than the amount of the penalties in each case referred to in the preceding paragraph, the penalty shall be imposed for an amount equivalent to the profit thus obtained.

At the graduation of the penalty will take into account the damage produced, the enrichment obtained unfairly and the concurrency of intentionality or reiteration.

First transient disposition. Timetable for the implementation of the Building Assessment Report.

1. In order to guarantee the quality and sustainability of the built-in park, and to guide and direct public policies that pursue such purposes, and without prejudice to the adoption of more demanding and more stringent regulations by the Autonomous Communities. where the municipal ordinances are available, the obligation to have the Assessment Report as provided for in Article 4 shall be made effective at least in relation to the following buildings and within the time limits set out below:

(a) residential typology buildings of collective housing of more than 50 years of age, within the maximum period of five years, from the date on which they reach that age, unless they already have one (a) technical inspection in force, carried out in accordance with its applicable law and prior to the entry into force of this Law. In the latter case, the Assessment Report shall be required where its first review is due in accordance with that legislation, provided that it does not exceed the ten-year period, to be counted from the entry into force of this Law. If this is the case, the Building Assessment Report must be completed with those aspects that are absent from the technical inspection carried out.

(b) buildings whose holders are intended to benefit from public aid with the aim of undertaking conservation works, universal accessibility or energy efficiency, prior to the formalisation of the request for a corresponding help.

(c) The rest of the buildings, when determined by the autonomous or municipal regulations, which may establish specialties of application of the said report, depending on their location, age, type or predominant use.

2. In order to avoid duplication between the report and the Technical Inspection of Buildings or an instrument of a similar nature which may exist in the Autonomous Communities or Communities, the report resulting from that report shall be integrated as part of the the report is regulated by this Law, with the latter being produced, in any case, when the already realized has taken into account requirements derived from the autonomous or local regulations equal or more demanding than those established by this Law.

Second transient disposition. Temporary rule of exceptional application of minimum soil reserve for protected housing.

For a maximum period of four years from the entry into force of this Law, the Autonomous Communities may suspend the application of the provisions of Article 10.1 (b) of the recast text of the Law of Soil, approved by the Royal Legislative Decree 2/2008 of 20 June, determining the period of suspension and the management instruments to be affected, provided that at least the following requirements are met:

(a) That the aforementioned instruments justify the existence of a percentage of sheltered housing already built and unsold in the Municipality, greater than 15 percent of the protected housing provided or resulting from the Current planning and a clear disproportion between the legally enforceable reserve and the actual demand with the possibility of access to such dwellings.

b) That such management instruments have not been definitively approved before the entry into force of this Law or that, if approved, they do not yet have the final approval of the project or projects of required equidistribution.

Single repeal provision.

All provisions of the same or lower rank that are opposed to this Law shall be repealed, and in particular the following:

1. Articles 8, 11 and 12 of Law 49/1960, of July 21, on Horizontal Property.

2. Paragraph 5 of Article 2 of Royal Decree 314/2006, of 17 March, approving the Technical Code of Edification.

3. Article 13, the 11th additional provision and the second and fifth transitional provisions of the recast text of the Soil Law, approved by Royal Legislative Decree-2/2008 of 20 June.

4. Article 2 of Royal Decree 1492/2011 of 24 October, approving the Rules of Procedure of the Soil Law.

5. Articles 107, 108, 109, 110 and 111 of Law 2/2011 of 4 March 2011 on Sustainable Economy.

6. Articles 17, 18, 19, 20, 21, 22, 23, 24 and 25, the third additional provision, the first and second transitional provisions and the second final provision of Royal Decree-Law 8/2011 of 1 July 2011 on measures to support mortgage debtors, the control of public expenditure and the cancellation of debts with companies and self-employed persons contracted by local authorities, the promotion of entrepreneurial activity and the promotion of rehabilitation and administrative simplification.

Final disposition first. Amendment of Law 49/1960 of 21 July on Horizontal Property.

Articles 2, 3, 9, 10 and 17 and the additional provision of Law 49/1960 of 21 July on Horizontal Property are amended.

One. Points (d) and (e) are added to Article 2, which are worded as follows:

" (d) to the subcommunities, which are understood by those subcommunities when, in accordance with the provisions of the constitutive title, several owners have, under a community system, for their exclusive use and enjoyment of certain common elements or services with functional or economic unity and independence.

e) To the conservation planning entities in cases where their statutes so provide. "

Two. Article 3 is worded as follows:

" In the property regime set out in Article 396 of the Civil Code corresponds to each floor or local:

(a) The singular and exclusive right of ownership over a sufficiently delimited and capable space of independent use, with the architectural elements and installations of all classes, whether apparent or not, that they are within its limits and serve exclusively to the owner, as well as to the anexes expressly mentioned in the title, even if they are located outside the delimited space.

b) Co-ownership, with other owners of flats or premises, of the other common items, belongings and services.

Each floor or local shall be attributed a share of the share in relation to the total value of the property and referred to hundredths of it. This quota will serve as a module for determining the participation in the loads and benefits due to the community. The improvements or damage of each floor or local shall not alter the allocated quota, which may be varied only in accordance with Articles 10 and 17 of this Law.

Each owner can freely dispose of his or her right, without being able to separate the elements that integrate it and without the transmission of enjoyment affecting the obligations arising from this property regime. "

Three. Article 9 (1) (c), (e) and (f) and paragraph 2 of the same Article shall be worded as follows:

" (c) Contain in your home or local the repairs required by the service of the building and allow in it the necessary easements required for the performance of works, performances or the creation of common services carried out or agreed in accordance with the provisions of this Law, having the right to the community to protect him from damages caused.

[...]

(e) to contribute, in accordance with the share of the participation set in the title or in particular to the above, to the general expenses for the proper conduct of the building, its services, charges and liabilities other than susceptible to individualization.

Community appropriations for the Community under the obligation to contribute to the maintenance of the general expenses corresponding to the shares attributable to the part of the current annuity and the previous three years they have the status of preferential treatment within the meaning of Article 1.923 of the Civil Code and precede, for their satisfaction, those referred to in the numbers 3. º, 4. º and 5. of that precept, without prejudice to the preference laid down in favour of the pay in the recast text of the Law of the Workers ' Statute, approved by the Royal Decree Legislative 1/1995 of 24 March.

The acquirer of a house or local in a horizontal property, even with a registered title in the Land Registry, responds with the own real estate acquired from the amounts owed to the community of owners for the holding of general expenses by the preceding holders up to the limit of those which are attributable to the expired part of the annuity in which the acquisition takes place and the previous three calendar years. The floor or local will be legally affected by this obligation.

In the public instrument through which the transfer is transmitted, by any title, the house or local, it must be declared to be current in the payment of the general expenses of the community of owners or express the The United States. The transmitte must at this time provide certification on the state of debts with the community coincident with its declaration, without which the granting of the public document may not be authorized, unless it is expressly exonerated from this the obligation of the acquirer. The certification shall be issued within the maximum period of seven calendar days from the request of the secretary, with the approval of the president, who shall, in the event of fault or negligence, respond to the accuracy of the data. entered in the same and the damage caused by the delay in their emission.

f) Contribute, according to their respective share of participation, to the endowment of the reserve fund that will exist in the community of owners to attend to the works of conservation and repair of the farm and, if necessary, for the rehabilitation works.

The reserve fund, whose ownership corresponds to all the effects to the community, will be endowed with an amount that in no case may be less than 5 percent of its last ordinary budget.

Under the reserve fund, the community may enter into an insurance contract covering the damage caused at the farm or conclude a permanent maintenance contract for the building and its general facilities.

2. For the purposes of applying the rules of the preceding paragraph, any expenditure which is not attributable to one or more floors or premises shall be deemed to be general, without the non-use of a minimum service for the fulfilment of the relevant obligations, without prejudice to the provisions of Article 17.4. '

Four. Article 10 is worded as follows:

" 1. They shall be binding and shall not require prior agreement of the Board of owners, whether or not they involve modification of the constitutive title or the statutes, and shall be imposed by the public authorities or requested at the request of the owners, the following actions:

(a) The works and works that are necessary for the proper maintenance and fulfillment of the duty of preservation of the building and its services and common facilities, including in any case, the necessary for satisfy the basic requirements of safety, habitability and universal accessibility, as well as the conditions of ornato and any other conditions arising from the imposition, by the Administration, of the legal duty of conservation.

(b) The works and actions that are necessary to ensure reasonable adjustments in terms of universal accessibility and, in any case, those required at the request of the owners in whose housing or premises they live, work or provide voluntary services, persons with disabilities, or over seventy years of age, in order to ensure that their needs are properly used for the common elements, as well as the installation of ramps, lifts or other mechanical devices; and (e) electronic means to encourage guidance or communication with the outside, provided that the (a) the amount of the amount passed on each year, once the subsidies or public aid has been discounted, does not exceed 12 ordinary monthly payments. It shall not eliminate the compulsory nature of these works, the fact that the rest of their cost, beyond the aforementioned monthly payments, is borne by those who have required them.

c) Occupation of common elements of the building or private real estate complex for the duration of the works referred to in the preceding letters.

d) The construction of new plants and any other changes in the structure or factory of the building or the common things, as well as the establishment of a real estate complex, as provided for in Article 17.4 of the text recast of the Law of Soil, approved by the Royal Legislative Decree of 20 June, which are mandatory as a result of the inclusion of the building in a field of rehabilitation or regeneration and urban renewal.

e) The material division acts of floors or premises and their yew to form smaller and independent ones, the increase of their surface by aggregation of other adjacent to the same building, or their decrease by segregation from some parties, carried out by will and at the request of their owners, where such actions are possible as a result of the inclusion of the building in an area of rehabilitation or regeneration and urban renewal.

2. Taking into account the nature of the necessary or mandatory actions referred to in points (a) to (d) of the previous paragraph, the following shall proceed:

(a) They shall be costed by the owners of the relevant community or group of communities, limiting the agreement of the Board to the distribution of the relevant spill and the determination of the terms of its credit.

(b) Owners who object or delay the execution of the orders issued by the competent authority shall be individually liable for any sanctions which may be imposed on the administrative route.

(c) The floors or premises shall be affected by the payment of the costs incurred in carrying out such works or actions on the same terms and conditions as those laid down in Article 9 for general expenses.

3. Require administrative authorisation, in any case:

(a) The constitution and modification of the real estate complex referred to in Article 17.6 of the recast text of the Law of Soil, approved by the Royal Legislative Decree of 20 June, on the same terms.

(b) Where this has been requested, upon approval by three fifths of the total owners who, in turn, represent three fifths of the shares, the material division of the floors or local and its yew, to form smaller and independent ones; the increase of its surface by aggregation of other adjacent to the same building or its decrease by segregation of some part; the construction of new plants and any other alteration of the structure or factory of the building, including the closing of the terraces and the modification of the envelope to improve energy efficiency, or of the common things, when the requirements referred to in article 17.6 of the recast text of the Law of Soil, approved by the Royal Legislative Decree of 20 of 20 of the June.

In these cases, the consent of the affected owners must be recorded and the Board of Owners will be responsible, in agreement with those, and by a majority of three fifths of the total owners, the the determination of the compensation for damages that corresponds to it. The fixing of the new participation quotas, as well as the determination of the nature of the works to be carried out, in the event of a discrepancy on them, will require the adoption of the appropriate agreement of the Board of Owners, by Identical majority. In this respect, the interested parties may also request arbitration or technical advice in the terms laid down in the Law. "

Five. Article 17 is worded as follows:

" Owner Board agreements will be subject to the following rules:

1. The installation of the common infrastructures for access to the telecommunications services regulated in Royal Decree-Law 1/1998 of 27 February on common infrastructures in buildings for access to services telecommunications, or the adaptation of existing ones, as well as the installation of common or private systems, the use of renewable energy, or the infrastructure needed to access new collective energy supplies, may be agreed upon, at the request of any owner, by one third of the members of the community which, in turn, represent a third of the participation quotas.

The community may not pass on the cost of the installation or adaptation of these common infrastructures, or any subsequent maintenance and maintenance, on those owners who have not voted. expressly on the Board in favour of the agreement. However, if they subsequently apply for access to telecommunications services or energy supplies, and this requires the use of new infrastructure or adaptations made to the existing ones, they may be authorised to provided that they pay the amount that would have been due, duly updated, applying the relevant legal interest.

By way of derogation from the previous paragraph regarding conservation and maintenance expenses, the new installed infrastructure shall be considered, for the purposes set out in this Law, of common element.

2. Without prejudice to Article 10.1 (b), the carrying out of works or the establishment of new common services which aim at the removal of architectural barriers which hinder the access or mobility of persons with disability and, in any case, the establishment of lift services, even where they involve the amendment of the constitutive title, or the statutes, shall require the favourable vote of the majority of the owners, who, in turn, represent the majority of the participation fees.

When agreements are validly adopted for the making of works of accessibility, the community shall be obliged to pay the costs, even if the amount of the costs incurred annually exceeds 12 ordinary monthly expenditure common.

3. The establishment or abolition of the services of goalkeeping, concierge, surveillance or other common services of general interest, whether or not to amend the title or the statutes, shall require a favourable vote of three fifths. parts of the total owners who, in turn, represent the three fifths of the shares.

Identical arrangements shall apply to the leasing of common elements which are not assigned a specific use in the building and the establishment or removal of equipment or systems, not listed in paragraph 1, which are intended to be to improve the energy or water efficiency of the building. In the latter case, the agreements validly adopted in accordance with this rule oblige all owners. However, if the equipment or systems have a private use, a favourable vote of one third of the members of the community representing, in turn, one third of the shares, will suffice for the adoption of the agreement. In this case, the cost impact system set out in that paragraph shall apply.

4. No owner may require new facilities, services or improvements not required for the proper conservation, habitability, security and accessibility of the building, according to its nature and characteristics.

However, when by the favourable vote of the three fifths of the total owners who, in turn, represent the three fifths of the participation shares, agreements are validly adopted, innovations, new facilities, services or improvements not required for the proper conservation, habitability, security and accessibility of the building, not enforceable and whose installation fee exceeds the amount of three ordinary monthly common expenses, the dissident will not be obliged, nor will his quota be modified, even in the case that it cannot be deprived of the improvement or advantage. If the dissident wishes, at any time, to participate in the benefits of innovation, he/she will have to pay his/her share in the costs of performance and maintenance, duly updated through the application of the relevant legal interest.

Innovations that make some part of the building unusable for the use and enjoyment of an owner may not be made if they do not have their express consent.

5. The installation of an electric vehicle charging point for private use in the building's car park, provided that the building is located in a single garage, will only require prior communication to the community. The cost of such installation and the corresponding electricity consumption shall be fully assumed by him or the direct persons concerned.

6. Agreements not expressly regulated in this Article, which involve the approval or modification of the rules contained in the title of the horizontal property or in the statutes of the community, shall require unanimity for their validity. of the total owners who, in turn, represent the total share of the shares.

7. For the validity of the other agreements, the majority of the total owners who, in turn, represent the majority of the shares, shall be sufficient to vote. In the second call, the agreements adopted by the majority of the assistants will be valid, provided that it represents, in turn, more than half the value of the quotas of the present.

When the majority cannot be achieved by the procedures laid down in the preceding paragraphs, the Judge, at the request of a party deducted in the month following the date of the second Board, and hearing the proceedings Previously mentioned, it will resolve in equity what proceeds within twenty days, counted from the request, making pronouncement on the payment of costs.

8. Except in cases expressly provided for in which the cost of services cannot be passed on to owners who have not expressly voted on the Board in favour of the agreement, or in cases where the amendment or amendment is make for private use, shall be counted as favourable votes of those absent members of the Board, duly mentioned, who after having been informed of the agreement adopted by the present, in accordance with the procedure laid down in the Article 9, do not manifest their discrepancy by means of communication to the person exercising the functions within 30 calendar days, by any means that would permit the receipt to be kept on record.

9. The agreements validly adopted in accordance with the provisions of this Article oblige all owners.

10. In the event of a discrepancy on the nature of the works to be performed, the Board of owners will decide. Interested parties may also request arbitration or technical advice in the terms set out in the Act.

11. The branches for payment of improvements made or to be carried out in the building shall be borne by the owner at the time of the enforceability of the quantities affected by the payment of those improvements. "

Six Paragraph 2 of the additional provision is worded as follows:

" 2. The reserve fund's allocation may not be lower, at any time during the financial year, to the legal minimum established.

The amounts deducted from the fund during the financial year to cover the expenditure of the works or actions referred to in Article 10 shall be taken into account as an integral part thereof for the purposes of calculating the amount minimum.

At the beginning of the next financial year, the necessary contributions shall be made to cover the amounts of the reserve fund as referred to in the preceding paragraph. "

Final disposition second. Amendment of Law 13/1998, of 4 May, of Market Management of Tabacos and Tax Regulations.

Paragraph 1 of the seventh additional provision of Law 13/1998, of 4 May, of Market Management of Tabacos and Tax Regulations is amended, which is worded in the following terms:

" 1. Authorizations and concessions for special arrangements for the sale of tobacco products free of charge shall continue to be granted under the special arrangements granted under the previous or customs legislation. existing taxes at the time of the entry into force of this Law even if they subsequently lose this character. In addition, new authorisations may be granted for the sale of tobacco products, in the appropriate tax system, to establishments which may be of this type, whether pre-existing or not, which do not have the necessary authorisations for the sale of tobacco products. The entry into force of this Law. The Government, acting on a proposal from the Minister for Finance and Public Administrations, shall develop such a regime and, where appropriate, introduce any amendments thereto. "

Final disposition third. Amendment of Law 38/1999, of 5 November, of Ordination of the Building.

Articles 2 and 3 of Law 38/1999, of 5 November, of Ordination of the Building, are amended.

One. Article 2 (2) is worded as follows:

" 2. They shall have the consideration of building for the purposes of the provisions of this Law, and shall require a project as set out in Article 4, the following works:

(a) Construction works of new construction, except those constructions of little constructive entity and technical simplicity that do not have, in any way or permanent, residential or public character and develop in a single floor.

b) All interventions on existing buildings, as long as they alter their architectural configuration, meaning that they have a total or partial intervention character that produces a variation essential of the general external composition, the volumetry, or the whole of the structural system, or are intended to change the characteristic uses of the building.

(c) Works which have the character of total intervention in catalogued buildings or which have some kind of protection of an environmental or historical-artistic nature, regulated by legal standard or urban document and those other than those of a partial nature affecting the elements or parts which are the object of protection. '

Two. The first subparagraph of Article 3 (1) is worded as follows:

" Article 3. Basic building requirements.

1. In order to ensure the safety of persons, the welfare of society and the protection of the environment, the following basic requirements of the building, which must be satisfied, are laid down in the way that they are regulated. establish, in the project, the construction, maintenance, conservation and use of the buildings and their facilities, as well as in the interventions carried out in the existing buildings: "

Three. The first subparagraph of Article 3 (2) is worded as follows:

" 2. The Technical Code of the Edification is the normative framework that establishes the basic requirements of quality of the buildings of new construction and its installations, as well as of the interventions that are carried out in the existing buildings, an agreement as provided for in Article 2.2 (b) and (c), in such a way as to enable compliance with the above basic requirements. '

Final disposition fourth. Amendment of Law 1/2000 of 7 January of Civil Procedure.

Articles 552 and 695 of Law 1/2000, of January 7, of Civil Procedure are amended.

One. The second subparagraph of Article 552 (1) shall be read as

:

" When the court finds that any of the clauses contained in an executive title referred to in Article 557.1 may be classified as abusive, it shall give a hearing for 15 days to the parties. Hearing these, it shall agree on the matter within five working days as provided for in Article 561.1.3. '

Two. Article 695 (2) is worded as follows:

" 2. In so far as the opposition referred to in the previous paragraph is concerned, the Registrar shall suspend the execution and shall call on the parties to appear before the Court which has issued the general order of execution, and shall be responsible for 15 days. from the summons, in which the Tribunal shall hear the parties, admit the documents which are presented and shall agree in a manner of self-order as it deems appropriate within the second day. '

Final disposition fifth. Amendment of Law 21/2003 of 7 July on Air Safety.

Articles 37 and 50 of Law 21/2003, of July 7, of Air Safety are amended in the following terms:

One. Article 37 (3) is worded as follows:

" 3. Air carriers with a Spanish licence must have a plan to assist victims and their families in the event of an air crash in civil aviation within six months of the entry into force of Regulation (EU) No 996/2010. European Parliament and the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94 /56/EC and implementing it in the event of an accident. The minimum obligations for air carriers to assist victims and their families, including those with economic content and, in particular, the minimum content of this plan, shall be laid down in regulation. In particular, this development will address the policy and guidance of the documents of the International Civil Aviation Organization in this field.

This assistance plan will be audited by the State Aviation Safety Agency, prior to the mandatory report of the Ministry of the Interior. "

Two. Rule 7 (3) of Article 50 (3) is worded as follows:

" 7.^a Failure to comply with the obligation to provide assistance to victims and family members of an air accident with the minimum content laid down in regulation, as well as the non-compliance of the air carrier run or run poorly in case of such an accident. "

Final disposition sixth. Amendment of Law 33/2003 of 3 November of the Heritage of Public Administrations.

Article 137 and the additional provision of Law 33/2003 of 3 November of the Heritage of Public Administrations are amended as follows:

One. Article 137 (6) is worded as follows:

" 6. Participation in procedures for the award of buildings shall require the lodging of a guarantee of 5 per 100 of the value of the value of the assets. In special cases, with regard to the characteristics of the property and the form or circumstances of the disposal, the body responsible for processing the file may raise the amount of the security up to 10 per 100 of the value of the valuation.

The guarantee may be constituted in any form provided for in the law of public sector contracts, depositing it in the General Deposit Box or in its branches of the Economy and Finance Delegations. In the event that the documents are provided for in the documents, the security may also be constituted by a cheque or bank cheque, in the form and place to be indicated by the competent body to deal with the file.

When provided for in the specification, the accreditation of the lodging of the guarantee may be made by electronic, computer or telematic means.

The cash or cheque or bank guarantee by the successful bidder will be applied to the payment of the sale price. "

Two. The additional 10th provision is worded as follows:

" Additional Disposition 10th. Legal regime of the State Society of Property Property Management, Company Anonymous.

1. The State Company of Property Management of Heritage, Company Anonima (SEGIPSA), whose social capital must be fully public ownership, will have the consideration of its own instrumental and technical service of the Administration General of the State and the contracting authorities dependent on it, for the performance of any works or services entrusted to it relating to the management, administration, operation, maintenance and conservation, surveillance, research, inventory, regularisation, improvement and optimisation, valuation, valuation, acquisition and disposal of other legal businesses of a patrimonial nature on any property and rights which are members or which may be incorporated into the State's Heritage or other public assets, as well as to the construction and reform of property or administrative buildings.

2. By virtue of that nature, SEGIPSA shall be obliged to carry out the work, services, studies, projects, technical assistance, works and the number of actions directly entrusted to it by the General Administration of the State and the contracting authorities. dependent on it in the form set out in this provision. The performance of SEGIPSA may not result in the exercise of administrative powers.

3. The entrustment or commission, which in its granting and execution shall be governed exclusively by the provisions of this provision, shall establish the form, terms and conditions of performance of the works, which shall be carried out by SEGIPSA with the freedom of compacts. and subject to private law. It may be provided that SEGIPSA acts in the name and on behalf of the person who carries out the order, which may, at all times, supervise the proper performance of the object of the charge. Where it is intended to dispose of goods, the entrustment shall determine the form of award of the contract, and may allow for direct award in the cases provided for in this Law. In the event that its grant corresponds to an organ or entity other than the Minister of Finance and Public Administrations, it will require the prior favorable report of the Director General of the State Heritage.

4. The amount to be paid for the work, services, studies, projects and other actions carried out through SEGIPSA shall be determined by applying to the units executed the rates that have been approved by resolution of the Undersecretary of Finance and General Government, on a proposal from the General Directorate of the State Heritage. Those tariffs shall be calculated in such a way as to represent the actual costs of completion. The compensation to be paid in cases where there is no fee shall also be established by resolution of the Deputy Minister of Finance and Public Administration.

5. In respect of the matters referred to in paragraph 1 of this additional provision, SEGIPSA may not participate in the procedures for the award of contracts convened by the General Administration of the State and contracting authorities. dependent on it from which it is a means of its own. However, where no tenderer is present, the activity under public tender may be entrusted to SEGIPSA.

6. The execution by means of the activities referred to in paragraph 1 of this provision shall be carried out by SEGIPSA either by the use of their personal and technical means or by the award of contracts for works, supplies and supplies. and services are necessary in order to provide effectively the services entrusted to it, using, in this case, external procurement, without any limitations other than those resulting from the subjection of these contracts to the provision of Additional provision and Articles 189 to 191 of the Royal Legislative Decree 3/2011 of 14 November, for which the recast text of the Law on Public Sector Contracts is approved.

They will be subject to special recourse in the area of recruitment, prior to the interposition of the administrative-administrative dispute, the acts referred to in Article 40 (2) of the Royal Legislative Decree 3/2011, 14 of November, approving the recast text of the Public Sector Contracts Act, when referring to any of the types of contracts listed in paragraph 1 of the same article.

7. The provisions of the above paragraphs shall also apply to the Ministry of Employment and Social Security in respect of the accumulated trade union heritage and to the Management Entities and the Common Services of Social Security.

8. The Minister of Finance and Public Administrations may agree on the delimitation of areas of integral management relating to property and rights of the State's Heritage for execution through SEGIPSA, which may include the realization of any actions provided for in this Law. These actions shall be entrusted to it in accordance with the procedure laid down in the preceding paragraphs.

9. Similarly SEGIPSA will have the consideration of own instrumental and technical service for the realization of the work of formation and maintenance of the Real Catastro that correspond to the General Direction of the Catastro under the Royal Legislative Decree 1/2004, of 5 March, approving the recast text of the Law of the Land Registry, which shall be entrusted and carried out in accordance with the provisions of this provision.

10. In order to carry out the work entrusted to you in accordance with this provision, SEGIPSA may obtain from the General Directorate of the Catastro, in the terms provided for in Article 64 of this Law, the information available to you in relationship to the goods or rights which are the subject of the actions entrusted to it, without the consent of the persons concerned being required.

11. The decisions approving the tariffs, as referred to in paragraph 4 above, shall be published in the Official Gazette of the State, where the approved tariffs are applicable to those which may be attributed by different bodies, bodies or entities in the State public sector, or where the authority approving the tariffs is deemed necessary by its relevance. "

Final disposition seventh. Amendment of Law 38/2003 of 17 November, General of Grants.

An additional twenty-third additional provision is added to Law 38/2003, dated November 17, General of Grants, with the following wording:

" Additional twenty-third disposition. Collaboration of the General Intervention of the State Administration with the State Tax Administration Agency for the fight against tax fraud.

In order to collaborate with the State Tax Administration Agency in the fight against tax fraud, the transfer of data of a tax or subvencional nature by the General Intervention of the State administration. The data transferred is reserved and may be used only for the effective application of the taxes or resources the management of which has been entrusted and for the imposition of the penalties provided for. The information shall preferably be supplied by means of the use of computer or telematic means and shall be protected by the same access and transfer requirements as those required for each of the systems of origin. '

Final disposition octave. Amendment of Law 47/2003 of 26 November, General Budget.

Article 47 is amended and an additional provision 20th to Law 47/2003 of 26 November, General Budget, is added with the following wording:

One. A paragraph 6 is added to Article 47 with the following wording:

" 6. In the case of the advance processing of the procurement files referred to in Article 110.2 of the recast of the Law on Public Sector Contracts, approved by the Royal Legislative Decree 3/2011 of 14 November, and in the advance processing of expenditure files, the regulatory rules of which permit the completion of the expenditure commitment, the limits and annuities or authorised amounts referred to in paragraphs 2 to 5 of this Regulation shall be complied with. Article. "

Two. An additional twentieth provision is added with the following wording:

" Additional Disposition 20th. Database on business operations.

The General Intervention of the State Administration will form and manage a database with the information on commercial operations carried out by the Public Sector entities provided by the State Agency Tax administration, to which the internal control bodies of the Autonomous Communities and Local Corporations shall have access in accordance with their field of competence. "

Final disposition ninth. Amendment of Law 58/2003 of 17 December, General Tax.

A new letter (l) is added to Article 95 (1) of Law 58/2003 of 17 December, General Tax, with the following wording:

" (l) Collaboration with the General Intervention of the State Administration in the exercise of its functions in the control of economic and financial management, the monitoring of the public deficit, the control of grants and aid public and the fight against late payment in the commercial operations of public sector entities. "

Final disposition tenth. Amendment of the recast text of the Local Government Law Regulatory Law, approved by the Royal Legislative Decree of 5 March.

Article 167 of the recast text of the Local Law Regulatory Law, approved by the Royal Legislative Decree of 5 March, is amended, which is worded in the following terms:

" Article 167. Structure of income and expense statements.

1. The Ministry of Finance and Public Administrations shall, in general, establish the structure of the budgets of the local authorities, taking into account the economic nature of the revenue and expenditure, the purposes or objectives with the latter are proposed to be achieved and in accordance with the criteria set out in the following paragraphs of this article.

2. Local authorities may classify expenditure and revenue on the basis of their own structure in accordance with their organisational regulations or decrees.

3. The statements of expenditure of the general budgets of the local authorities shall apply the classifications for programmes and economic conditions in accordance with the following criteria:

a) The classification by programs that will consist of the following levels: the first relative to the area of expenditure, the second to the policy of expenditure, the third to the groups of programs, which will be subdivided into programs. This classification may be extended at higher levels, relative to sub-programmes respectively.

In any case, and with the peculiarities that may be present in the field of the local entities, the levels of spending area and spending policy will be adjusted to those established for the State Administration.

(b) The economic classification shall present with separation the current expenditure and capital expenditure, in accordance with the following criteria:

Current expenditure appropriations shall include those for the operation of services, interest and current transfers.

In capital expenditure credits, real investments, capital transfers, and changes in financial assets and liabilities.

c) the economic classification shall consist of three levels, the first relating to the chapter, the second to the article and the third to the concept. This classification may be extended by one or two levels, relative to the sub-concept and the heading respectively.

In any case, the chapter and article levels will have to be the same as those set for the State Administration.

4. The budgetary application whose encrypted expression constitutes the budgetary credit shall be defined at least by the combination of the programmes and economic classifications, at the level of the programme or programme group and the concept or sub-concept respectively.

If the local entity chooses to use the organic classification, it will also integrate the budgetary application.

The accounting control of the expenditure shall be carried out on the budgetary implementation before defined and the tax on the level of the linkage determined as provided for in Article 172 of this Law.

5. The Ministry of Finance and Public Administrations shall establish the structure of the information in the budgets, their execution and the settlement, to which all local authorities must comply with the purpose of fulfilling their obligations. referral of such information. "

Final disposition eleventh. Amendment of Royal Decree 314/2006, of 17 March, approving the Technical Code of the Edification.

First. Articles 1 and 2 and Annex III of Part I of Royal Decree 314/2006 of 17 March, approving the Technical Code of Edification, which are hereby amended as

:

One. Article 1 (4) is worded as follows:

" 4. The basic requirements must be met, in the form that the construction, maintenance, conservation and use of buildings and their facilities, as well as in the building operations, are established in the project. existing. "

Two. Article 2 (3) and (4) are worded as follows:

" 3. Similarly, the Technical Code of the Edification shall also apply to interventions in existing buildings and their compliance shall be justified in the project or in a memory subscribed by competent technician, together with the application for a licence or administrative authorisation for the works. If the requirement for a licence or prior authorisation is replaced by the requirement of a responsible declaration or prior notice, in accordance with the provisions of the current rules, it must be explicitly stated that it is in possession of the relevant supporting project or memory, as appropriate.

When the application of the Technical Code of the Building is not urbanistic, technical or economically viable or, where appropriate, incompatible with the nature of the intervention or with the degree of protection of the building, they will be able apply, under the criterion and responsibility of the project or, where appropriate, the technician who subscribes to the memory, those solutions that allow the greatest possible degree of effective adequacy.

The possible infeasibility or incompatibility of application or limitations arising from technical, economic or urban reasons shall be justified in the project or in the memory, as appropriate, and under the responsibility and the the respective criterion of the project or the competent technician who subscribes to the memory. The final documentation of the work must be consistent with the level of performance achieved and the conditions of use and maintenance of the building, if they exist, which may be necessary as a result of the final degree of effective adequacy. reached and that must be taken into account by the owners and users.

In existing building interventions, pre-existing conditions relating to basic requirements cannot be reduced when such conditions are less demanding than those laid down in the documents. the basic technical code of the Edification, unless a different criterion is established in these. Those that are more demanding can only be reduced to the requirement levels set by the basic documents.

4. In the interventions in existing buildings, the project must indicate in the project documentation whether the intervention includes or not actions in the pre-existing structure; in the case of a negative, the works do not imply the risk The damage referred to in Article 17.1 (a) of Law 38/1999, of 5 November, of the Ordination of the Building. "

Three. Article 2 (6) is worded as follows:

" 6. In any change of characteristic use of an existing building, the basic requirements of the CTE must be met. Where a change of use affects only part of a building or an establishment, such requirements shall be met in the terms set out in the Basic Documents of the CTE. '

Four. The definition of 'maintenance' is amended and the definition of 'interventions in existing buildings' is added to Annex III of Part I, with the following wording:

" Maintenance:

Set of works and works to be carried out periodically to prevent the deterioration of a building or specific repairs carried out on it, with the object to keep it in good condition so that, with adequate reliability, meets the basic requirements of the established building. "

" Interventions in existing buildings:

They are considered interventions in existing buildings, the following:

a) Enlargement: Those in which the built surface or volume is increased.

b) Reformation: Any work or work in an existing building other than that which is carried out for the exclusive maintenance of the building.

c) Change of use. "

Second. The provisions as amended in the first subparagraph may be subject to regulatory reform in accordance with the applicable rules.

Final disposition twelfth. Amendment of the recast text of the Law of Soil, approved by the Royal Legislative Decree of 20 June.

Articles 2, 5, 6, 8 to 10, 12, 14 to 17, 20, 36, 37, 39, 51 and 53 are amended, the additional third provision and the final provision of the recast text of the Soil Law, approved by the Royal Legislative Decree, of 20 June, which are worded as follows:

One. Article 2 is worded as follows:

" Principle of sustainable urban and territorial development.

1. Public policies relating to the regulation, management, occupation, processing and use of land have as a common purpose the use of this resource in the general interest and in accordance with the principle of sustainable development, without prejudice to specific purposes to be attributed to them by the Laws.

2. In accordance with the principle of sustainable development, the policies referred to in the previous paragraph should encourage the rational use of natural resources by harmonizing the requirements of the economy, employment, social cohesion and equality. treatment and opportunities, the health and safety of people and the protection of the environment, contributing in particular to:

(a) The effectiveness of conservation and improvement measures of nature, flora and fauna and the protection of cultural and landscape heritage.

b) Protection, appropriate to its character, of the rural environment and the preservation of the soil values unnecessary or inappropriate to meet the needs of urban transformation.

(c) The appropriate prevention of risks and hazards to public health and safety and the effective elimination of disturbances from both.

d) Prevention and minimisation, to the greatest extent possible, of air pollution, water, soil and subsoil.

3. In addition to the provisions of the previous paragraph, the public authorities shall encourage the achievement of an urban environment which is sufficiently equipped, in which the soil is used efficiently, and in which the uses are combined in a functional manner, ensuring, in particular:

(a) Mobility in terms of cost and reasonable time, on the basis of an appropriate balance between all transport systems, which, however, gives preference to public and collective transport and increases travel Pedestrian and bicycle.

b) Universal accessibility, in accordance with the minimum legal requirements, of buildings for public and private use, public spaces and public transport.

c) The efficient use of resources and energy, preferably of their own generation, as well as the introduction of renewable energy.

d) Prevention and, in any case, minimisation to the greatest extent possible, by application of all the legally envisaged systems and procedures, of the negative impacts of urban waste and pollution acoustics.

The pursuit of these aims will be adapted to the peculiarities resulting from the territorial model adopted in each case by the competent public authorities in terms of spatial and urban planning.

4. The public authorities shall promote the conditions for the rights and duties of the citizens established in the following Articles to be real and effective, by adopting the territorial and urban planning measures to ensure a balanced result, favouring or containing, as appropriate, the processes of land occupation and transformation.

The land linked to a residential use by land and urban planning is in the service of the effectiveness of the right to enjoy decent and adequate housing, in the terms provided by the legislation in the matter. "

Two. Article 5 is worded as follows:

" Citizen's Duties.

All citizens have a duty to:

a) Respect and contribute to preserving the environment and the natural landscape by refraining from performing actions that pollute the air, water, soil and subsoil or not permitted by legislation in the field.

(b) Meet the requirements and conditions under which the legislation applies to the nuisance, unhealthy, noxious and dangerous activities, as well as to use the best available techniques in accordance with the regulations at any time applicable, aimed at eliminating or reducing the negative effects identified.

c) Respect and make a rational and appropriate use, in any case with its characteristics, function and capacity of service, of public domain goods and of infrastructure and urban services.

d) Respect and contribute to preserving the urban landscape and the architectural and cultural heritage by refraining from performing any act or developing any illegal activity. "

Three. Article 6 is worded as follows:

" Public and private initiative in urban and building transformation actions.

1. Individuals, whether or not they are owners, should contribute, in the terms laid down in the laws, to the urban development of the public authorities, to which the direction of the process will be the responsibility, in all cases, both in the cases of initiative public as private.

2. In the case of implementation of urban planning and building operations, public initiative procedures may involve both the owners of the land and the private individuals who do not have the property, under the conditions laid down in the applicable legislation. Such legislation shall ensure that the exercise of free enterprise is subject to the principles of transparency, publicity and competition.

3. The legal agreements or businesses which the promoter of the action concludes with the corresponding administration, may not establish additional obligations or benefits or more burdensome than those which they lawfully carry out, to the detriment of the affected owners. The clause that contravene these rules will be null and void.

4. The private initiative may be exercised, under the conditions laid down in the applicable law, by the owners.

5. Both the owners, in the cases of recognition of the private initiative for the urban transformation or the building performance of the field in question, as the private individuals, whether or not they own, in the cases of public initiative in which private participation has been formally awarded, they may draw up and submit to the processing the precise management and management instruments, in accordance with the applicable legislation. To this end, prior authorization from the competent urban administration, they will have the right to be provided, on the part of the Public Bodies, as many informative elements to carry out their drafting, and to carry out on farms the occupations necessary for the drafting of the instrument according to the Law on Compulsory Expropriation. "

Four. Article 8 is worded as follows:

" Soil property right content: faculties.

1. The right to property of the soil includes the faculties of use, enjoyment and exploitation of the same according to the state, classification, objective characteristics and destiny it has at each moment, according to the legislation in the field of management territorial and urban planning applicable by reason of the characteristics and status of the good.

It also includes the power of disposal, provided that its exercise does not infringe the system of formation of farms and parcels and of the relationship between them established in Article 17.

2. On the ground in rural areas referred to in Article 12.2 (a), the powers of the right of ownership include the right to use, enjoy and dispose of the land in accordance with its nature, and must be dedicated within the limits of the Laws and spatial and urban planning, agricultural, livestock, forestry, hunting, and any other related to the rational use of natural resources are available.

The use of land with environmental, cultural, historical, archaeological, scientific and landscape values that are protected by the applicable legislation will always be subject to the preservation of such securities, and shall include only acts of alteration of the natural state of land which such legislation expressly authorizes.

By way of exception and by the procedure and under the conditions laid down in the legislation of territorial and urban planning, specific acts and uses which are of public or social interest may be legitimised. contribute to rural development and development, or to be deployed in rural areas.

3. In rural areas for which land and urban planning instruments provide for or allow their passage to the land situation, the powers of the right of ownership include the following:

(a) The right of consultation of the competent authorities, on the criteria and forecasts of urban planning, of the sectoral plans and projects, and of the works to be carried out to ensure the connection of the urbanization with the general services networks and, where appropriate, the expansion and strengthening of existing ones outside the scope of the action.

Territorial and urban planning legislation will set the maximum response time of the consultation, which may not exceed three months, unless a rule with a law range establishes a higher one, as well as the effects that follow her. In any event, the alteration of the criteria and the provisions provided for in the reply, within the time limit in which it takes effect, may entitle the compensation to the costs incurred in the preparation of projects. necessary, in the terms of the general system of the public authorities ' liability, to be useless.

(b) The right to draw up and present the appropriate management instrument, where the Administration has not reserved the public initiative for ordination and implementation.

(c) The right to participate in the implementation of the urbanization actions referred to in Article 14 (1) (a), in a scheme of equitable distribution of benefits and burdens among all owners affected in proportion to their contribution.

In order to exercise this power, or to ratify it, if it has exercised it before, the owner shall have the time limit laid down by the legislation on land and urban planning, which may not be less than one month or be counted from a time prior to that in which it may be aware of the extent of the burden of the performance and the criteria for its distribution to those affected.

(d) The realization of provisional uses and works that are authorized because they are not expressly prohibited by territorial and urban legislation, or the sector and are compatible with urban planning. These uses and works must cease and, in any case, be demolished the works, without any right to compensation, when the urban administration so agrees.

The effectiveness of the corresponding authorizations, under the conditions expressly accepted by the addressees, will be subject to their constancy in the Land Registry in accordance with the law mortgage.

The lease and the area right of the land referred to in this paragraph, or of the provisional constructions which are raised in them, shall be excluded from the special scheme of rustic and urban leases, and, in any case, will automatically end with the order of the urban administration by agreeing on the demolition or eviction to execute the urbanization projects. In these cases there will be no right to rehousing, or return.

e) The right to use, enjoy and dispose of the land in accordance with paragraph 2, provided that the exercise of these powers is compatible with the forecast already contained in the management instrument territorial and urban development in relation to its passage to the situation of urbanized soil.

4. By way of derogation from the above paragraphs, only the delimitation of the protected natural spaces or the spaces covered by the Natura 2000 Network may be altered, reducing their total area or excluding land from such spaces, when This is justified by the changes brought about by their scientifically proven natural evolution. The alteration must be submitted to public information, which in the case of the Natura 2000 network will be made in advance of the referral of the proposal to the European Commission and the acceptance of such an uncataloging.

5. In the case of urbanised land, the powers of the right of ownership include, in addition to those laid down in points (a), (b) and (d) of paragraph 3, where applicable, the following:

a) Complete the urbanization of the land to meet the requirements and conditions established for its construction. This right may be exercised individually or, where the land is subject to a joint action, with the owners of the scope, in the form provided for in the applicable legislation.

(b) Edify on a unit suitable for this purpose within the time limits laid down for this purpose in the applicable regulations and perform the necessary actions to maintain the building, at all times, in a good state of conservation.

c) To participate in the implementation of urban transformation actions in a regime of fair distribution of benefits and burdens, where appropriate, or of distribution, among all those affected, of the costs derived from the implementation and the benefits attributable to it, including among them the public aid and all those that would allow to generate some kind of income linked to the operation.

6. The powers referred to in the preceding paragraphs reach the flight and the subsoil as far as they determine the urban planning instruments, in accordance with the applicable laws and with the limitations and easements required by the protection of the public domain. "

Five. Article 9 is worded as follows:

" Soil property right content: duties and loads.

1. The right of ownership of land, facilities, buildings and buildings, in general, includes, whatever the situation in which they are, the duties of dedicating them to uses that are compatible with the management territorial and urban planning and to preserve them in the legal conditions to serve to support such use, and in any case, in the safety, health, universal accessibility and legally enforceable ornate, as well as to carry out additional works for reasons tourism or cultural, or for the improvement of the quality and sustainability of the urban environment, until where it reaches the legal duty of conservation. This duty, which shall be the limit of the works to be carried out at the expense of the owners when the Administration orders them for tourist or cultural reasons, or for the improvement of the quality or sustainability of the urban environment, is established in half of the present value of construction of a new plant, equivalent to the original in relation to the constructive characteristics and the useful surface, carried out with the necessary conditions for its occupation to be authorised or, in your case, be in a position to be legally intended for your own use. Where such a limit is exceeded, the funds of that Administration shall be borne by the works which exceed that limit in order to obtain improvements of general interest.

In the land that is rural for the purposes of this Law, or this building vacancy, the duty to conserve it involves costing and executing the necessary works to maintain the grounds and its plant mass in conditions of avoiding risks. erosion, fire, flooding as well as damage to third parties or the general interest, including environmental ones; ensuring public safety or health; preventing contamination of soil, water or air and polluting missions; in other goods and, where appropriate, to recover them in the terms laid down by their specific legislation; and ensure the establishment and functioning of the services derived from the uses and activities carried out on the ground. Compliance with this duty shall not exempt from the additional rules of protection laid down in the applicable legislation.

In particular, in the case of buildings, the legal obligation of conservation shall also include the carrying out of the works and the works necessary to satisfy, in general, the basic requirements of the building Article 3.1 of Law 38/1999, of 5 November, on the Management of Building, and to adapt them and update their facilities to the legal norms that are explicitly required for them at any time. The additional works for the improvement of the quality and sustainability referred to in the first subparagraph of this paragraph may consist of the partial or complete adjustment to all or some of the basic requirements laid down in the Code. Technical of the Edification, the Administration must be determined, in a motivated manner, the level of quality that must be reached for each one of them.

2. The competent authority may at any time impose the performance of works for the performance of the legal obligation of conservation, in accordance with the provisions of the applicable state and regional legislation. The final act of approval of the appropriate administrative order of execution shall determine the direct and immediate actual condition, by legal determination, of the property, to the fulfilment of the obligation of the duty of conservation. This actual condition shall be recorded, by means of a marginal note, in the Land Registry, with a reference to its actual guarantee character and the same preference and priority scheme established for the actual condition, to the payment of urbanization in urban transformation actions.

According to the provisions of the applicable regulations, in the cases of unjustified inexecution of the works ordered, within the period conferred to the effect, will proceed to its subsidiary realization by the Public Administration or the application of any other forms of administrative reaction to the choice of the latter. In such cases, the maximum limit of the conservation duty may be raised, if available under the autonomous legislation, up to 75% of the cost of replacement of the building or the building concerned. When the owner fails to comply with the agreement of the Administration, once the declaration of the non-compliance has been declared and the application of the corresponding regime has been agreed upon, the Acting Administration shall transmit to the Registry of the Property certification of the relevant act or acts for constancy by note on the margin of the last domain registration.

3. Where the land in a rural situation is not subject to the scheme of an urbanisation action, the owner shall, in addition to the provisions of the first paragraph, have the duty to satisfy the property provided by the owner of the land. legislation on spatial and urban planning, in order to legitimise private land use not linked to its primary operation, as well as to the cost and, where appropriate, to implement the infrastructure for the connection of installations and Authorised buildings, with the general services networks and deliver them to the Administration competent for their incorporation into the public domain, when they must be a part of it.

In this area, urban areas are prohibited, without the possibility of divisions, segregations or fractionations of any kind against the provisions of the agricultural, forestry or similar legislation. nature.

4. Where the land in rural conditions is subject to the scheme of an urban transformation action, the owner must assume, as a real burden, the participation in the legal duties of the promotion of the action, in a scheme of equitable distribution of benefits and burdens, as well as allowing the goods necessary for the performance of the works, if any, the person responsible for implementing the action, in the terms of the legislation on spatial planning and urbanistics.

5. In the land in a situation of urbanized, the duty of use involves completing the urbanization of the land with the requirements and conditions established for its construction. Where the Administration imposes performance of building rehabilitation and urban regeneration and renovation, the owner shall have the duty to participate in its execution in the system of distribution of benefits and burdens that corresponds, in the terms set out in Article 8.5. c).

6.

the owner shall have the duty to build within the time limits laid down in the applicable rules in all land in which the town is urbanised and under the conditions laid down by it.

7. Any act of construction shall require the act of conformity, approval or administrative authorization which is mandatory, according to the legislation of territorial and urban planning, and must be motivated by its refusal. In no case may administrative silence be construed as powers or rights that contravene territorial or urban planning.

8. Irrespective of the provisions set out in the preceding paragraph, they shall be express, with negative administrative silence, the following acts:

(a) Movements of lands, explanations, parcels, segregations or other acts of division of farms in any kind of soil, when they are not part of a project of repair.

b) Construction, construction and deployment of new plant installations.

c) The location of prefabricated houses and similar facilities, whether temporary or permanent.

d) The logging of tree or bushland masses on land incorporated into urban transformation processes and, in any case, when such logging is derived from public domain protection legislation.

9. Where the applicable territorial and urban planning legislation is subject to the first occupation or use of the buildings to a prior communication or a responsible declaration system, and such procedures do not result in the the building meets the necessary requirements for the intended use, the administration to which the communication is carried out must take the necessary measures for the cessation of the occupation or the use communicated. If it does not take such measures within six months, it shall be liable for any damage which may be caused to third parties in good faith by the omission of such measures. The Administration may pass on the subject to the presentation of the prior communication or responsible declaration the amount of such damages.

Both the practice of prior communication to the competent authority, and the measures to restore the urban legality which it may adopt in relation to the act communicated, must be recorded in the Property Registration, in terms established by mortgage legislation and by this Act. "

Six. Article 10 (1) (b) is worded as follows:

" Basic soil utilization criteria.

(b) To provide adequate and sufficient land for productive and residential use, with reservation in any case of a part provided to housing subject to a public protection regime which, at least, allows for the establishment of its maximum price for sale, rental or other forms of access to housing, such as the right of area or administrative concession.

This reserve will be determined by the legislation on spatial and urban planning or, in accordance with it, by the instruments of management, will guarantee a distribution of its respectful location with the principle of social cohesion and will comprise at least the land needed to carry out 30% of the residential building planned by urban planning in the rural land which will be included in new housing and urban areas. 10 per cent in urbanised soil to be subject to reform measures or renovation of the urbanization.

However, such legislation may also set up or allow exceptionally a lower reserve or exempt them for certain municipalities or actions, provided that, in the case of new urbanisation activities, ensure in the instrument of management the full compliance of the reserve within its territorial scope and a distribution of its location respectful of the principle of social cohesion. "

Seven. Paragraph 3 is amended and a paragraph 4 is added to Article 12, with the following text:

" Basic soil situations.

3. It is found in the situation of urbanized land that, being legally integrated in an urban grid formed by a network of vials, endowments and parcels of the core or settlement of population of which it is part, it meets some of the Following conditions:

a) Having been urbanized in execution of the corresponding sorting instrument.

b) Having installed and operational, as established in the applicable urban legislation, the necessary infrastructures and services, through their network connection, to meet the demand for the uses and buildings existing or planned by urban planning or to be able to count on them without other works than those of connection with pre-existing facilities. The fact that the soil is adjacent to bypass roads or to interurban communication paths will not, by itself, be considered as an urbanised soil.

c) To be occupied by the building, in the percentage of the spaces suitable for it that determines the legislation of spatial planning or urban planning, according to the planning proposed by the instrument of planning corresponding.

4. It is also found in the situation of urbanised soil, including in traditional rural areas legally settled in rural areas, provided that the land condition is attributed to land and urban planning legislation. urban or assimilated and where, in accordance with it, they have the necessary facilities, infrastructure and services. "

Eight. Article 14 is worded as follows:

" Urban transformation acts and building actions.

1. For the purposes of this Law, it is understood by urban transformation actions:

a) Urbanization performances, which include:

1) The new urbanization, which involves the passage of a land area from the rural to urbanized land situation to create, together with the corresponding infrastructures and public endowments, one or more suitable plots for the construction or use independently and functionally connected with the network of services required by spatial and urban planning.

2) Those aimed at reforming or renewing the urbanization of an urban land area, in the same terms as the previous paragraph.

(b) the allocation of resources, considering as such those aimed at increasing the public allocations of an area of urbanized land to readjust their proportion with the greatest buildability or density or with the new uses allocated in urban planning to one or more parcels in the field and do not require the reform or renovation of the development of this area.

2. Provided that the conditions set out in the previous paragraph are not met, and for the sole purposes of the provisions of this Law, it is understood by building actions, even when they require complementary works of urbanization:

a) The new building and replacement of the existing building.

b) Building rehabilitation, understanding for such the realization of the works and works of maintenance or intervention in the existing buildings, their facilities and common spaces, in the terms arranged by the Law 38/1999, of 5 November, of Ordination of the Building.

3. Action on traditional centres legally established in rural areas will apply to them as provided for in the previous paragraphs, in accordance with the nature of their own legislation, in the interests of their specific peculiarities.

4. To the sole effects of the provisions of this Law, the actions of urbanization are understood initiated at the moment when, once approved and effective all the instruments of ordination and execution that require the legislation on ordination Territorial and urban planning to legitimize the works of urbanization, begin the material execution of these. The initiation shall be presumed when there is an administrative or notarial act of faith in the commencement of the works. The expiry of any of the above instruments, for the purposes of this Law, restores the ground to the situation where it was at the beginning of the action.

The completion of the urbanization actions will occur when the construction works are completed in accordance with the instruments that legitimize them, having fulfilled their duties and raised the corresponding charges. The termination shall be presumed to have been received by the Administration or, failing that, at the end of the period in which the receipt of the works has been produced, accompanied by a certificate issued by the technical management of the works. "

Nine. Article 15 (4) is worded as follows:

" 4. The documentation of the instruments for the management of new urbanization, the reform or renovation of the urbanization and the actions of the endowment must include a report or memory of economic sustainability, in which In particular, it will weigh the impact of the action on public finances affected by the implementation and maintenance of the necessary infrastructure or the implementation and delivery of the resulting services, as well as the adequacy of the and soil suitability for productive uses. "

Ten. Article 16 is worded as follows:

" Debres linked to the promotion of urban transformation actions and building actions.

1. The urbanization actions referred to in Article 14.1 (a) have the following legal duties:

(a) Deliver to the competent authority the soil reserved for vials, free spaces, green areas and other public endowments included in the action itself or attached to it for obtaining it.

In these soils, it will be included, when they have to be part of urbanization actions whose predominant use is residential, which the instrument of management ascribed to the public endowment of dwellings subjected to some regime of protection, with exclusive use for the rental, both in the cases in which it is determined by the applicable law, and when the memory of the corresponding instrument is derived the need to have this type of housing (a) the purpose of which is to meet the temporary needs of groups with Special difficulties in access to housing.

(b) To deliver to the competent authority, and to the public property of the soil, the soil free from the urbanisation loads corresponding to the percentage of the weighted average buildability of the action, or of the area (a) the reference in which the latter is included, which sets out the legislation governing territorial and urban planning.

As a general rule, the percentage referred to in the preceding paragraph may not be less than 5 percent and not more than 15 percent.

Territorial and urban planning legislation may exceptionally allow to reduce or increase this percentage in a proportionate and motivated manner, up to a maximum of 20% in the case of its increase, for the actions or areas in which the value of the resulting parcels is significantly lower or higher, respectively, in the other areas of the same category of soil.

Territorial and urban planning legislation may determine the cases and conditions under which soil delivery may be replaced by other forms of compliance with the duty, except where it can be met with soil for housing subject to a public protection scheme under the reserve referred to in Article 10 (1) (b).

(c) Cost and, where appropriate, carry out all the urbanisation works provided for in the relevant action, as well as the infrastructure for connection with the general services networks and for the extension and strengthening of the existing outside the scope of the action which is required by its specific dimension and characteristics, without prejudice to the right to reintegrate the costs of installation of the service networks from its lending undertakings, in the terms of the (a) the provisions of the conventions which the effect of which is signed and which must be approved by the Acting administration. In the absence of agreement, such Administration shall decide what is appropriate.

Among the works and infrastructure referred to in the preceding paragraph, they shall be understood to include those for water purification, water supply and purification that are required in accordance with their regulatory legislation, and the legislation on territorial and urban planning may also include public transport infrastructure that is required for sustainable mobility.

d) Deliver to the competent authority, together with the appropriate soil, the works and infrastructures referred to in the preceding point, which must be part of the public domain as building support of the facilities of any network of envelopes and services, as well as such facilities where they are intended for the provision of public ownership services.

e) Ensuring the rehousing of the legal occupants that requires the removal of buildings located within the area of the performance and that constitute their habitual residence, as well as the return when they are entitled to it, in the terms set out in the legislation in force.

(f) Indemnity rightholders about the constructions and buildings to be demolished and the works, installations, plantations and crops that cannot be preserved.

2. In the case of the allocation actions referred to in Article 14.1 (b), the above duties shall be required with the following provisos:

(a) The duty to provide the competent authority with the land free of the urbanisation charges corresponding to the percentage of the weighted average buildability of the performance or of the higher reference scope in which it is include, which establishes the legislation governing territorial and urban planning, shall be determined on the basis of only the increase in the weighted average buildability which, where appropriate, results from the modification of the management instrument. Such a duty may be fulfilled by replacing the supply of land with a cash value, in order to cover the part of public funding which may be provided for in the action itself, or to be incorporated into the public assets of land, with preferential destination for rehabilitation or regeneration and urban renovation.

(b) The duty to provide the competent authority with the floor for public funds related to the adjustment of its ratio may be replaced, in the event of a physical impossibility of materializing it in the relevant field, for the delivery of an edified area or non-profit building, in a real estate complex, situated within it, as provided for in Article 17.4, or by other forms of compliance with the duty in the cases and conditions under which the legislation on spatial and urban planning.

3. In the case of building proceedings, the duties referred to in points (e) and (f) of paragraph 1 of this Article, as well as the completion of the urbanization of the land with the same, shall be required in accordance with their nature and scope. requirements and conditions established for their construction.

4. Irrespective of the provisions of the above paragraphs, exceptionally and provided that it is adequately justified that no other technical or economically viable solution is possible, the urban planning instruments may be exempt from the duties of new ground deliveries corresponding to them, to actions on areas with a high degree of degradation and no material of soils available in their immediate surroundings. The same rule may apply to increases in the density or buildability that are necessary to replace the housing infrastructure that meets the legally enforceable requirements, with the purpose of rehousing and the return required by the corresponding action.

5. Actions on traditional nuclei which are legally established in the rural environment will carry out the legal duties set out in the previous numbers, according to the characteristics assigned to them by their own legislation.

6. The areas covered by the actions and those assigned to them are affected, as a guarantee, to the fulfilment of the duties of the preceding paragraphs. These duties are presumed to be met by the competent authority of the development or rehabilitation and urban regeneration or renovation works concerned or, failing that, at the end of the period in which they should have been completed. produced the reception from its application accompanied by a certificate issued by the technical management of the works, without prejudice to the obligations which may result from the liquidation of the final accounts of the action. '

Once. Article 17 (3), (4) and (6) are worded as follows:

" 3. The formation of a farm or a property on a horizontal or real estate property allows to consider its total area as a single plot, provided that within the perimeter of the property there is no surface that, according to the territorial and urban planning applicable, must have the status of a public domain, be of public use or serve as a support for the development works or may be computed for the purposes of compliance with the legal duty referred to in point (a) of paragraph 1 of the previous Article.

The real estate complex may be constituted on a single farm or on several, without need of prior grouping, provided that they are adjacent to each other or are only separated by soils that, according to the territorial and urban planning, must have the condition of public domain, be of public use, serve to support the works of urbanization, or to be computable to the effects of the fulfillment of the duty to give to the Administration the reserved ground for road, free spaces, green areas and other public endowments included in the own action or attached to it for procurement.

4. Where urban planning instruments are intended for overlapping surfaces, in the scraper and subsoil or in the flight, in the building or in private use and in the public domain, a real estate complex shall be set up in which the buildings and the public domain are the nature of special properties of private attribution, prior to the disaffection and with the limitations and easements that come for the protection of the public domain. Such farms may be constituted, both by buildings already made, and by unbuilt soils, provided that their physical configuration is adjusted to the parcel system provided for in the sorting instrument.

[...]

6. The establishment and modification of the real estate complex must be authorized by the competent administration where the farm or estates on which such a regime is constituted, being an essential requirement for its registration, must be authorized the administrative authorisation granted or the notarial testimony of the same is accompanied. Such authorization shall not be required in the following cases:

(a) When the number and characteristics of the proprietary elements resulting from the real estate complex are those resulting from the license of works that authorizes the construction of the buildings that integrate the building.

b) When the modification of the complex does not cause an increase in the number of its proprietary elements.

For the purposes set out in this number, it is considered a real estate complex any regime of unitary organization of the real estate in which private elements are distinguished, subject to exclusive ownership, and common elements, the ownership of which corresponds, on an instrumental basis and by percentage shares, to those who hold the private elements at any time. "

Twelve. Article 20 is worded as follows:

" New Work Statement.

1. In order to authorize written new works declaration, the notaries shall require, for their testimony, the contribution of the act of conformity, approval or administrative authorization required by the work according to the law of order territorial and urban planning, as well as certification issued by competent and accredited technician of the adjustment of the description of the work to the project that has been the subject of such administrative act.

With new work declaration scripts completed, they shall require, in addition to the certification issued by competent technical proof of completion of the certificate in accordance with the project description, the documents that accredit the following ends:

(a) compliance with all requirements imposed by the building regulatory legislation for the delivery of this to its users and

b) the granting of the necessary administrative authorizations to ensure that the building meets the necessary conditions for its intended use in the applicable urban planning and the requirements of energy efficiency as required by the current legislation, unless urban legislation subject such actions to a prior communication or responsible declaration regime, in which case those authorisations will be replaced by documents proving that the communication has been carried out and that the the time limit set so that the relevant activity can be initiated, without the existence of any obstative resolution being found by the Land Registry.

2. To practice the corresponding entries in the new work declaration writes, the Property Registrars shall require compliance with the requirements set out in the previous paragraph.

3. In those cases where the description of the finished work does not coincide with the description in the Land Registry, because there have been modifications in the project, the record of the completion of the work will be produced by a registration seat, the extension of which shall be subject to the provisions of paragraph 1 in relation to the requirements for the registration of new works completed.

4. By way of derogation from the previous paragraph, in the case of buildings, buildings and installations in respect of which measures for the restoration of urban lawfulness involving its demolition no longer need to be adopted, after the corresponding limitation periods, the record of the completion of the work shall be governed by the following procedure:

(a) The deeds of the new work declaration which are accompanied by a certificate issued by the City Council or by competent technician, the description of the estate or the description of the estate, or the descriptive and graphic cadastral certification of the farm, in which the completion of the work on a given date is recorded and its description coincident with the title. For such purposes, the Registrar shall check the non-existence of a preventive entry for the opening of a case of urban planning on the farm which is the object of the construction, construction and installation concerned and which the ground has no character demanial or is affected by general public use easements.

(b) The Registrar of the Property shall give the respective Town Hall of the entries made in the cases covered by the preceding numbers, and shall record in the registration, in the note of dispatch, and in the formal advertising, which they issue, the practice of such notification.

(c) Where the new work has been entered without a certificate issued by the relevant City Council, the City Council shall, upon receipt of the information referred to in the preceding subparagraph, be obliged to make the necessary decision. to record in the Registry of the Property, by note to the margin of the registration of the new work declaration, the concrete urban situation of the same, with the delimitation of its contents and express indication of the limitations that impose on the owner.

The failure of the resolution to agree to the practice of the said marginal note will give rise to the responsibility of the competent administration in the event of economic damage to the purchaser in good faith. of the estate affected by the file. In such a case, the said Administration shall indemnify the purchaser in good faith with the damage caused. "

Thirteen. Article 36 is worded as follows:

" Provenance and scope of forced sale or replacement.

1. Failure to comply with the duties set out in this Law will enable the Acting Administration to decree, ex officio or at the request of an interested party, and in any event, after hearing of the obligor, the subsidiary execution, the expropriation by non-compliance with the social function of the property, the application of the forced sale or replacement scheme or any other consequences arising from the legislation on spatial and urban planning.

2. The purpose of the forced substitution is to ensure compliance with the corresponding duty, by means of the imposition of its financial year, which may be carried out on a horizontal property basis with the current owner of the land, in the event of non-compliance. of the duties of building or conservation of buildings.

3. In the cases of expropriation, sale or forced substitution provided for in this Article, the content of the land ownership right may never be undermined by the legislation of territorial and urban planning in a percentage more than 50 percent of its value, corresponding to the difference to the Administration. "

Fourteen. Article 37 is worded as follows:

" Forcible Sale or Replacement Regime.

1. The forced sale or replacement shall be initiated on its own initiative or at the request of an interested party and shall be awarded by means of advertising and competition.

2. Given the declaration of the non-compliance and agreed upon the application of the corresponding regime, the Acting Administration shall transmit to the Registry of the Property Certification of the act or acts corresponding to its constancy by note to the margin of the last domain enrollment. The situation of subsidiary execution, of expropriation for non-compliance with the social function of the property, the application of the regime of forced sale or replacement, or any other to which the corresponding building is subject, is record in the registered certificates to be issued.

3. Where the procedure determines the award by application of the forced sale or replacement, once the sale or replacement has been resolved, the Acting Administration shall issue a certificate of that award, which shall be a title in the Register of the Property, in which the conditions and time limits for the fulfilment of the duty to which the acquirer is obliged shall be recorded, as a resolutive of the acquisition. "

Fifteen. Article 39 (1) is worded as follows:

" 1. The goods and resources which necessarily make up public land holdings under the provisions of paragraph 1 of the preceding Article shall be intended for the construction of dwellings subject to any public protection scheme, except as provided for in Article 16.2 (a). They may also be used for other uses of social interest, in accordance with the provisions of the urban planning instruments, only where provided for in the legislation in the field, specifying the eligible purposes, which shall be urban, for the protection or improvement of natural spaces or the real estate of cultural heritage, or of a socio-economic nature to meet the needs required by the integrated nature of urban regeneration operations. "

Sixteen. Article 51 is worded as follows:

" Ensignable Acts.

1. They shall be entered in the Land Registry:

(a) The firm acts of approval of the planning implementation files as soon as they entail the modification of the registered farms affected by the instrument of management, the allocation of the domain or other real rights in respect of the same or the establishment of real guarantees of the obligation to implement or to preserve the urbanization and buildings.

(b) Disposals of land on a compulsory basis in the cases provided for by the Laws or as a result of transfers of urban development.

(c) The opening of a file on urban planning or restoration of urban lawfulness, or of those which have as their object the administrative award to ensure, both the enforcement of the sanctions imposed, as of the resolutions to restore the violated urban order.

(d) The special conditions to which the acts of conformity, approval or administrative authorization are subject, in the terms provided for by the Laws.

e) The acts of transfer and taxation of urban exploitation.

(f) The interposition of a judicial-administrative appeal seeking the annulment of instruments of urban planning, implementation, or administrative acts of intervention.

(g) Administrative acts and judgments, in both cases, in which the cancellation referred to in the preceding subparagraph is declared, when specified on certain farms and has been involved in the procedure.

(h) Any other administrative act which, in the development of the planning or urban planning instruments, changes, of course or in the future, the domain or any other real right on certain farms or the description of these.

2. In any event, in the opening of cases of urban planning that affect actions by virtue of which the creation of new registers by way of parcelation takes place, repair in any of its modalities, a new work declaration or a horizontal ownership arrangement, the Administration shall be obliged to agree on the practice in the Register of Property of the preventive annotation referred to in Article 53.2.

The omission of the resolution agreeing to the practice of this preventive annotation will give rise to the responsibility of the competent administration in the event of economic damage to the purchaser in good faith. of the estate affected by the file. In such a case, the said Administration shall indemnify the purchaser in good faith with the damage caused.

3. In the case of land parcels, the declaration of new constructions or the incorporation of horizontal property regimes, or registered, in their case, the property sets, the Registrar of the Property will notify the Competent Autonomous Community the performance of the corresponding inscriptions, with the data resulting from the Register. The communication, which shall be recorded on the basis of the relevant entries, shall be accompanied by a certification of the operations carried out and the administrative authorization to be incorporated or accompanied by the registered title. '

seventeen. Article 53 is worded as follows:

" Seat classes.

1. The acts and agreements referred to in Article 51 (a), (b), (g) and (h), and the area occupied in favour of the Administration, shall be recorded by registration, as they are intended for public funding by the Member State concerned. spatial and urban planning.

2. The acts referred to in Article 51 (c) and (f) shall be recorded by way of preventive annotation, which shall be carried out on the farm where the relevant file is placed. Such entries shall expire at four years and may be extended at the request of the acting urban organ or the court or tribunal, respectively.

3. The other acts and agreements referred to in Article 51 shall be taken on a marginal note. Unless otherwise expressly stated, the marginal notes shall have an indefinite effect, but shall not have any other effect than to make known the urban situation at the time referred to in the title which originated them. "

Eighteen. The third additional provision is worded as follows:

" Additional provision third. Urban planning powers in Ceuta and Melilla.

The cities of Ceuta and Melilla will exercise their regulatory powers in the framework of the provisions established by the respective Organic Laws, which approve their Statute of Autonomy, this Law and the other rules that the State promulgates the effect.

In any case, the General Administration of the State shall be responsible for the final approval of the General Plan for Urban Planning of these Cities and for their revisions, as well as for their modifications affecting the determinations. of a general nature, to the fundamental elements of the general and organic structure of the territory or to the determinations referred to in the fourth paragraph of the first provision of this Law.

The final approval of the Special Plans not provided for in the General Plan, as well as the modifications of the General Plan not included in the previous paragraph, will be the responsibility of the The competent authorities of the cities of Ceuta and Melilla, prior to the mandatory report of the General Administration of the State, which shall be binding in respect of questions of legality or of the affectation to general interests of state competence, must be issued within three months and shall be deemed to be favourable if it is not issued within that period. '

nineteen. Point (b) of paragraph 4 of the first provision is worded as follows:

" (b) The percentage referred to in Article 16 (1) (b) shall, in general, be 15%. However, the General Plan may, in a proportionate and reasoned manner, reduce it by up to 10% or increase it to a maximum of 20% in the actions or areas in which the value of the resulting solar energy is significantly reduced. lower, or higher than the average of those included in the same soil class, respectively. '

Final disposition thirteenth. Amendment of the recast of the Law on Public Sector Contracts, approved by the Royal Legislative Decree 3/2011 of 14 November.

A new 30th additional provision is added to the recast text of the Public Sector Contracts Act, approved by Royal Legislative Decree 3/2011 of 14 November, with the following wording:

" Additional 34th Disposition. Supply and service contracts based on needs.

In the supply and service contracts dealt with by public administrations and other public sector entities with a limited budget, in which the employer is obliged to deliver a plurality of goods or to to execute the service in a succession and per unit price, without the total number of deliveries or benefits included in the subject-matter of the contract being defined precisely at the time of the contract, since they are subject to the same requirements as The Administration must be approved for a maximum budget.

In the event that, within the duration of the contract, the actual needs are higher than those initially estimated, the corresponding modification must be processed. For such purposes, provision should be made in the documentation governing the invitation to tender for the possibility that the contract may be modified as a result of such a circumstance, in accordance with Article 106 of this Law. The amendment must be dealt with before the maximum budget initially approved is exhausted, with the necessary credit being reserved for the maximum amount of the new needs. "

Final disposition fourteenth. Amendment of Royal Decree-Law 6/2012 of 9 March 2012 on urgent measures for the protection of mortgage debtors without resources.

Articles 2 and 3a of Royal Decree-Law 6/2012 of 9 March 2012 on urgent measures for the protection of mortgage debtors without resources are amended as follows:

One. Article 2 is worded as follows:

" The measures provided for in this Royal Decree-law shall apply to loan or credit agreements secured with a mortgage property whose debtor is situated on the exclusion threshold and which are in force at the date of its entry into force, with the exception of those contained in Articles 12 and 13, which shall be of general application.

The measures provided for in this Royal Decree-Law shall also apply to the mortgage guarantor and guarantor of the principal debtor in respect of his habitual dwelling and under the same conditions as those established for the debtor. mortgage. "

Two. Article 3a is worded as follows:

" Article 3a Fiators, avalists and mortgagors not debtors.

Non-debtor guarantor, guarantor and mortgage guarantor who are on the exclusion threshold may require the institution to record the assets of the principal debtor, without prejudice to the application of the measures to the debtor provided for in the Code of Practice, before claiming the guaranteed debt, even if the contract had expressly waived the benefit of excision. "

Final disposition fifteenth. Amendment of Law 9/2012 of 14 November of restructuring and resolution of credit institutions.

The final twenty-first provision of Law 9/2012, of 14 November, of restructuring and resolution of credit institutions is amended, which is worded as follows:

" Final Disposition Twenty-First. Completion of the Chapter VII term.

The provisions of Chapter VII of this Law shall apply until 31 December 2013. "

Final disposition sixteenth. Amendment of Law 17/2012 of 27 December of General Budget of the State for the year 2013.

A final paragraph is added to paragraph three of the additional third provision, of Law 17/2012 of 27 December, of General Budget of the State for the year 2013, with the following wording:

" For the purposes of this allowance, the amount of the bonus rate shall be deducted from the amount corresponding to the public property benefits referred to in points (d), (e) and (f) of Article 68.2 of the Act. 21/2003, of 7 July, of Air Safety, irrespective of whether or not they have been passed on to the passenger. For this purpose, these assets shall be broken down in the supporting documentation of the flight coupons. "

Final disposition seventeenth. Amendment of Law 1/2013, of 14 May, of measures to strengthen the protection of mortgage debtors, debt restructuring and social rent.

The heading of Chapter III, the first provision and the fourth and fifth transitional provisions are amended as follows:

One. The heading of Chapter III is amended as follows:

" CHAPTER III

Enhancements to the execution procedure "

Two. New wording is given to the first paragraph of the first provision in the following terms:

" The government is entrusted to promote with the financial sector the constitution of a social fund of houses owned by credit institutions, aimed at providing coverage to those persons who have been evicted from the their habitual residence for the non-payment of a mortgage loan when the circumstances provided for in Article 1 of this Law are met. The purpose of this social housing fund shall be to facilitate access to tenancies by such persons on the basis of the income they receive. "

Three. New wording is given to paragraph 5 of the fourth transitional provision in the following terms

" The provisions of Article 579.2 (a) of Law 1/2000 of 7 January of Civil Procedure shall apply to the adjudication of habitual housing made prior to the entry into force of this Law, provided that that date has not been fully satisfied and that the time limits of paragraph 2 (a) of that Article have not elapsed. In these cases, the previous deadlines that expired throughout 2013 will be extended until 1 January 2014.

The application of the provisions of this paragraph will in no way imply the obligation of the performer to return the amounts already received from the executed person. "

Four. New wording is given to the first paragraph of the fifth transitional provision in the following terms:

" The provisions of Article 3 (3) shall apply to the extrajudicial sales of mortgaged goods which are initiated after the entry into force of this Law, whatever the date on which the law was granted. mortgage constitution writing. "

18th final disposition. Qualifications required to subscribe to Building Assessment Reports.

By Order of the Ministry of Industry, Energy and Tourism and the Ministry of Public Works, the qualifications required to subscribe to the Building Assessment Reports, as well as the means of accreditation, will be determined. For these purposes, the certification, training, experience and complexity of the assessment process shall be taken into account.

Nineteenth final disposition. Basic character and competency titles.

1. This Law has the character of basic legislation on the basis and coordination of the general planning of economic activity, in accordance with the provisions of Article 149.1.13

2. Additionally, this Law is dictated by the following competitive titles:

1. Articles 1 to 4, 8 and 15, the first, third and fourth transitional provisions, the first and second transitional provisions, the sixth, seventh, tenth and eleventh final provisions and paragraphs 1 to 10 and 13 of the twelfth final provision, under the provisions of Article 149.1.1., 16. 18. ª. 23. and 25. of the Constitution, which confers on the State competence on the regulation of the basic conditions guaranteeing equality in the exercise of rights and in the fulfilment of constitutional duties, bases and coordination general health, the basis of the legal system of public administrations, basic legislation on the protection of the environment and the bases of the energy system.

2. Articles 5, 11, 12 and 14, the first and third final provisions, and paragraphs 11 and 12 and 14 to 17 of the twelfth final provision, pursuant to the provisions of Article 149.1.8. and 18. Constitution, which attributes to the State jurisdiction over civil law, common administrative procedure, legislation on forced expropriation and the system of liability of public administrations.

3. The second additional provision, in accordance with the provisions of Article 149.1.14. of the Constitution, which attributes to the State the jurisdiction over the general treasury and the debt of the State.

4. Article 6 and the 18th final provision, in accordance with the provisions of Article 149.1.30. of the Constitution, which confers on the State jurisdiction over the regulation of the conditions for obtaining, issuing, and approval of academic and professional qualifications.

5. The fourth final provision, under the provisions of Article 149.1.6. of the Constitution, which attributes jurisdiction to the State in matters of procedural law.

6. The fifth final provision, in accordance with the provisions of Article 149.1.20. of the Constitution, which confers jurisdiction on the State in matters of control of transit and air transport.

7. The final disposition thirteenth, under the provisions of article 149.1.18. of the Constitution, which attributes to the State the competence in matters of basic legislation on contracts.

8. The final provisions fourteenth and fifteenth, pursuant to the provisions of Article 149.1.11. of the Constitution, which attributes to the State the competence in matters of the bases of the ordination of credit, banking and insurance.

3. The provisions of this Law shall apply without prejudice to the civil, foral or special regimes where they exist.

Final disposition 20th. Entry into force.

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

Therefore,

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

Madrid, June 26, 2013.

JOHN CARLOS R.

The President of the Government,

MARIANO RAJOY BREY