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Royal Decree-Law 16/1981, Of 16 October, Adaptation Of Urban General Plans.

Original Language Title: Real Decreto-ley 16/1981, de 16 de octubre, de adaptación de planes generales de ordenación urbana.

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TEXT

The first transitional provision of the Law on Soil Regime and Urban Planning, recast text approved by Royal Decree thousand three hundred and forty-six/thousand nine hundred and seventy-six, of nine April, imposed on the Local entities the obligation to forward to the competent bodies, for approval, the General Plans adapted to the new Law, within four years from the entry into force of the Law of Reform, of two May of one thousand nine hundred and seventy-five five.

After the four years and the two extensions of one year, granted by the Royal Decrees five hundred and forty-four/thousand nine hundred and seventy-nine, of twenty February, and nine hundred and ninety-thousand nine hundred and eighty, three May, without total compliance with the said transitional provision despite the effort made by the Local Corporations and the grants awarded to them by the Ministry of Public Works and Urbanism, it is necessary complete the transitional arrangements for planning until the time when, in each case, they are approved the new Sort Plans.

It is clear that the general setting of a new time limit for making the adjustment would be strictly necessary, given that the situation and the needs of the municipalities are extremely varied, so they must be Corporations themselves, and in general the Urban Administration, which decide with all responsibility the conditions and the process of adaptation.

This provisional state of planning must not question, or hinder, the application of the land planning regime, which has been in force since the entry into force of Law nineteen/thousand nine hundred and seventy-five, of two May, by In order to ensure its application, as well as the legal certainty to be presided over by the action of the Administration and individuals, the criteria which, according to the provisions of the Treaty, are generally laid down by this Royal Decree strict principles of the Law on Soil, should be taken into account in the determination of the regime which corresponds to each type of soil.

The setting of these criteria does not, of course, constitute an ex-legal adaptation of the existing General Plans, so the Local Entities, which retain their competence for all purposes to formulate the new Plans, retain all the possibilities that the Law grants them to adapt and revise the general plans of their respective territories. However, in view of the possible urgency of certain cases, it is recognised in favour of the competent bodies to grant the final approval of the plans and rules, the power to set specific deadlines and to subrogate themselves in case of failure. The possibility of adaptation is also definitely recognised, both through the drafting of a general plan and a subsidiary standard of municipal planning, in accordance with the essential principle, sitting in the article three of the Planning Regulation, which requires that the appropriate planning figure be chosen in each case.

This provision clarifies and complements the Royal Decree-Law three/thousand nine hundred and eighty, of fourteen of March, strengthens the competences of the Councils and simplifies the processing in relation to the projects of urbanisation and repair or compensation. The process of suspension of licences is also unified and the deadline for the adoption of measures for the protection of urban lawfulness is extended in the case of works carried out without a licence.

The circumstances set out determine the unavoidable and urgent need for the enactment of this Royal Decree-Law, whereby, fundamentally, the scope of the application of the regime is unequivocally recognized. land development of the General Plans and subsidiary rules not yet adapted to the Law of Soil, providing the Local Entities with the necessary instruments for the definition of such an urban regime, without prejudice to the application of the other requirements imposed by the Law in relation to building and urbanization and, in General, with urban management. Likewise, by means of this Royal Decree-Law, the Local Entities retain their powers for the adaptation of their respective instruments of general planning, except, exclusively, of those cases in which the special circumstances determine the need to set specific time limits and the subrogation, in the event of non-compliance, of the bodies with competence to grant final approval of those planning instruments.

In its virtue, after deliberation of the Council of Ministers, at its meeting of the sixteenth day of October of a thousand nine hundred and eighty-one, and in use of the authorization contained in the article eighty-six of the Constitution,

DISPONGO:

Article first.

One. Finalized the deadlines laid down in the transitional provision first of the Law of the Soil, recast text approved by Royal Decree thousand three hundred and forty-six/thousand nine hundred and seventy-six, of nine of April, for the adaptation of the Plans (a) the general plans remain in force, and the urban arrangements laid down in Title II of that Law, in accordance with the criteria laid down in Title II of that Law, are not definitively adopted. on a transitional basis and until the final approval of the adaptation of the planning general, are fixed in the present Royal Decree-Law.

Two. Without prejudice to the provisions of the following Articles, the Councils shall adapt their general planning to the provisions of the current Soil Law. The classification of the soil to be established when carrying out the adaptation of the general planning shall not be linked by the classification resulting from the application of the criteria mentioned in this Royal Decree-Law, preserving, in as a result, the City Councils have competence, for all intents and purposes, to adapt and revise their overall planning.

Three. The adaptation, which may modify or revise the previous planning, shall be carried out by the formulation of a general plan or a subsidiary standard of planning, the content, classification of the soil, determinations and documentation comply with the provisions of the Soil Law and its Regulations. Although the adaptation does not propose modifications of general planning, or its revision, it will necessarily include those alterations that are imposed by the requirements of the new planning. The choice of one or the other figure of general planning shall be carried out in accordance with the provisions of Article 3 (2) of the Planning Regulation, whatever the existing management instrument.

Four. The authority assigned to the authority for the final approval of the general plan or subsidiary standard of municipal planning may indicate a period of not less than one year for the adaptation of the general planning instruments, may, in the event of non-compliance, be subrogated, without further formalities in the municipal powers to formulate and process the adaptation.

Article 2.

One. Land classified as urban land or urban reserve in general plans or subsidiary rules of planning not yet adapted are considered to be urban land provided they are in any of these assumptions:

(a) Terrain that is equipped with access, water supply, waste water evacuation, supply of electrical energy, and these services must have adequate characteristics to serve the building that over they exist or are to be built.

(b) Land which, although lacking some of the services mentioned in the preceding paragraph, has its solid ordination, to occupy the building, at least two thirds of the spaces suitable for it, according to the ordination that the General Plan or the subsidiary rule for them provides.

Two Without prejudice to the direct application of the provisions of the preceding number, the Councils may approve the delimitation of the entire urban land of their municipal terms, or parts, before the adaptation of the their respective General Plans. The corresponding draft delimitation which will take account of the above criteria will be dealt with in accordance with the provisions of Article 150 and three of the Planning Regulation with the particularity of the municipal agreement of In this case, approval will have the final approval status, without, therefore, the report of the Provincial Council or the elevation of the file to the Provincial Planning Commission. However, the approval agreement shall be communicated to the Commission within 15 days, accompanied by a copy of the project.

Three. If the characteristics of the urbanization and the construction offered difficulties that would prevent the direct application of the provisions in the number one of this article and the delimitation of the urban land would not have been approved, according to the The Provincial Planning Committees may, either on their own initiative or at the request of a party, set a period of less than six months for the Councils to proceed to the initial formulation and approval of the corresponding draft of the delimitation. In the event that the Councils do not meet that deadline, the Provincial Planning Commissions will be subrogated in the municipal competencies for the processing and approval of the project formulated by the local Corporation or, failing that, for formulation, processing and approval.

Four. The urban planning of this type of soil, even in the cases in which the development of the determinations of the general plan or subsidiary rules not adapted by means of a subordinate planning figure, will be necessary, will be established in the Eighty-three of the Law of the Land.

Third item.

The land is considered to be urbanizable, which does not meet the characteristics mentioned in the previous article, nor is it included in the corresponding delimitation of the urban land, classified as urban or urban reserve in the general plans or, where appropriate, in the subsidiary rules of municipal planning, not yet adapted.

The urbanizable soil will be subject to the regime established in Article eighty and four of the Law of Soil.

Partial plans that are formulated in this type of soil may not exceed the density limit provided for in Article seventy-five of the Law of Soil, whatever the determinations on these ends. establish the General Plan or subsidiary planning rules to be developed, and its content shall be in accordance with the provisions of Article 13 of the aforementioned Law and the relevant regulatory provisions.

Article 4.

The soil classified as rustic by the general plans and subsidiary rules of municipal planning, not yet adapted, is considered as non-urbanizable soil. His urban regime will be established in Article eighty-six of the Law of Soil.

Article 5.

One. The City Councils of provincial capitals and cities of more than fifty thousand inhabitants shall be competent for the definitive approval of partial plans and special plans to develop and conform to the determinations of the general plan.

To this effect, once the provisional approval has been granted, the Plan will be submitted to a non-binding report of the Provincial Commission of Urbanism, a report that will be considered favorable if it is not issued within one month. from the receipt of the complete file by that body.

This municipal competition for final approval is without prejudice to the subrogation of the Provincial Planning Commission, in the terms set out in the following article.

Two. The municipalities will be competent, in any case, to approve the instruments for repair and compensation, even if there are municipal assets.

Three. The final approval of the urbanisation projects shall be the responsibility of the Acting Urban Administration which has granted the initial approval.

Four. The bases of the competitions for the drafting of Urban Action Programs will be definitively approved by the Competent Bodies or Corporations for drafting or processing.

Article 6.

In the processing of partial and special plans that develop general planning, detail studies, urbanization projects and delimitation of polygons or units of action, the following rules apply:

One. The deadline for agreeing on the initial approval, in the case of a particular initiative, shall be three months from the submission of the complete documentation to the Acting Administration.

The deadline to agree on the provisional approval of partial and special plans, whether public or private, may not exceed one year from its initial approval.

After these deadlines without the relevant agreement falling, the rules set out in the number four of this article will apply.

Two. The final approval of partial and special plans shall take place over the course of three months from the entry of the complete file in the register of the competent authority to grant it, without the resolution being communicated.

If these are partial and special plans whose final approval corresponds to the town hall, the three-month deadline will be counted from the interim approval agreement.

Three. The final approval period for projects for urbanization and for the delimitation of polygons or units of action and detail studies shall be three months after their initial approval. After this period of time without communicating the relevant resolution, the final approval shall be deemed to be granted by administrative silence, provided that the procedure for public information has been included within this period.

Four. In the event of non-compliance with the time limits provided for in numbers one and three of this Article, the Provincial Planning Commission shall act by subrogation when requested by the parties concerned, by application lodged with it, The following rules apply:

First: The initial approval period will be the same as the one indicated for the incumbent Administration, counted from the filing of the application with the Provincial Commission.

Second: Partial Plans and Special Plans will not be subject to provisional approval, but will be deemed to be definitively approved if no express resolution is communicated within one year of the approval initial, when this has been granted by subrogation by the Provincial Planning Commission or six months from the filing in the registration of the corresponding application when the Plan was initially approved by the Administration holder, provided that, in one and the other case, the processing of information has been completed public.

Third: Urbanisation projects, detail studies and projects for the delimitation of polygons or units of action will definitely be approved if three months have passed since their initial approval by subrogation by the Provincial Planning Commission, without any express resolution on the final approval, or from the presentation in the registration of the request for subrogation when the project was initially approved by the incumbent administration, of course, in any case, the fulfillment of the public information.

Five. Special Plans that do not develop general planning shall remain subject to the provisions laid down in the Soil Law and the Planning Regulation.

Item seventh.

If the file of a partial or special plan that develops the general planning is initiated at the instance of urban administrations or state or mixed enterprises whose main purpose is the urbanization, the creation of soil or the construction of housing for official protection, and declared as a matter of urgency by the Council of Ministers, shall be settled on its initial approval within one month of its submission. The period of public information shall be 15 days, and the resolution on provisional approval shall take place within the maximum period of four months from the date of submission. After any of these deadlines, the subrogation provided for in the previous article will be operated, with the deadlines before the Provincial Planning Commission from the request for subrogation, and the provisional approval of the application will be replaced. definitive, with a reduction from the four-month period to two months, if the incumbent administration had granted the initial approval.

If the competition for the final approval corresponds to the Provincial Planning Commission and has not operated the subrogation, the definitive approval and, consequently, the positive silence, will be produced within two months from receipt of the complete file.

In the event that the jurisdiction for final approval corresponds to the City Council, the deadline for the report by the Provincial Planning Commission will be 15 days and the deadline for final approval, expressly or By silence, it will be two months to count from the provisional approval agreement.

Article 8.

One. The competent bodies for the initial and provisional approval of the municipal general plans, subsidiary rules of municipal planning, partial plans, special or detailed studies, may agree to suspend the grant of licensing of land, building and demolition in certain areas, in order to study their training or reform.

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

Three. The suspension referred to in paragraph 1 shall in any event be extinguished within one year. If the initial approval agreement has been produced within this period, the suspension shall be maintained for the areas whose new planning determinations involve modification of the urban planning and its effects shall be extinguished. definitively two years after the suspension agreement adopted to study the Plan or its reform. If the initial approval occurs after the deadline of the year, the suspension resulting from this initial approval will also have the maximum duration of one year.

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

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

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

Five. The suspension arrangements shall be adopted with the formalities laid down in the Planning Regulation.

Article ninth.

The period laid down in Article 100 (80) and (5) of the Law of Soil for the adoption of measures for the protection of urban lawfulness applicable to works carried out without a licence or enforcement order shall be of four years from the date of their total termination, as well as that of the limitation of the corresponding urban infractions.

FINAL PROVISIONS

First.

The provisions of this Royal Decree-law are repealed as many provisions are repealed.

Second.

The Government is authorized to dictate, on the proposal of the competent Ministers and those in exercise of their own competence, how many provisions and measures they deem necessary for the development and implementation of the present Royal Decree-law.

Third.

The Government is authorised to adapt the present Royal Decree-Law and, where appropriate, to amend the Planning, Urban Management and Urban Discipline Regulations.

Fourth.

This Royal Decree-law will enter into force on the same day as its publication in the "Official State Gazette".

Fifth.

As set out in Article 6 (1) of this Royal Decree-Law in respect of the time limit for the initial approval of partial and special plans and detailed studies, they shall apply in the municipalities which have their Planning approved in accordance with the provisions of the Law of the Soil, recast text of nine of April of a thousand nine hundred and seventy-six, at the entry into force the present Royal Decree-Law, or if they did not, from the approval of the planning and, in any case, from January 1, one thousand nine hundred and eighty-three.

Sixth.

The application of this Royal Decree-law in the territories of the Autonomous Communities shall not affect the provisions of their respective Statutes.

TRANSIENT PROVISIONS

First.

The provisions of this Royal Decree-law shall not apply to the plans and projects initially approved, and to those of particular initiative presented in the Register of the body responsible for processing, when the approval or presentation has taken place before the entry into force of the same.

Second.

The provisions of the eighth and ninth articles of this Royal Decree-law shall apply, respectively, to the agreements for the suspension of the licenses adopted and to the works completed after their entry into force.

Given in Madrid to sixteen of October thousand nine hundred and eighty-one.

JOHN CARLOS R.

The President of the Government,

LEOPOLD CALVO-SOTELO AND BUSTELO