The transitional provision first regime of the soil and urban planning Act, consolidated text approved by Royal Decree thousand three hundred forty and six/thousand nine hundred seventy-six, nine from April, imposed on local authorities the obligation to transmit to the competent authorities, for their approval, the General plans adapted to the new law, within the period of four years from the entry into force of the reform act , of two of may one thousand nine hundred seventy and five.
After four years and two extensions of one year, granted by the Royal Decrees of forty five hundred and four/thousand nine hundred seventy-nine, on 20 February, and nine hundred ninety/thousand nine hundred eighties, of May 3, unless given full compliance to the abovementioned transitional provision despite the efforts made by the local corporations and subsidies granted to them by the Ministry of public works and urbanism It is necessary to complete the transitional regime of the planning until the moment in which, in each case, the new management plans are approved.
It is clear that fixation with general character of a new term to carry out the adaptation would lack rigour, bearing in mind that the situation and the needs of the municipalities is extremely varied, so it must be own corporations, and in general the urban administration, which with all responsibility to decide the conditions and the process of adaptation.
This provisional status of planning should not question, or impede, the application of the system of urban soil, effective since the entry into force of the law Nineteen/thousand nine hundred seventy-five, dos de Mayo, so, in order to ensure its implementation, as well as the legal certainty which must govern the Administration and individual performance the Real present Decree-law laying down general criteria which, in accordance with the strict principles of the law of the land, have to be taken into account in the determination of the regime that corresponds to each type of soil.
The fixing of these criteria is not, obviously, an adaptation ex-lege of existing general plans, so local authorities, which retain their competence to all effects to formulate new plans, retain all the possibilities that the law gives them to adapt and review their respective territories general planning. However, given the possible urgency of certain assumptions, is recognized in favour of the competent bodies to grant final approval of the plans and standards, the Faculty establish specific time limits, and stand in the event of non-compliance. It is also definitely recognized the possibility that adaptation is carried out, without distinction, both through the drafting of an overall Plan and a subsidiary rule of municipal planning, in accordance with the essential principle of sitting in the article tres.dos of the rules of procedure of planning, which requires that in each case the figure of planning adequate choose is.
This provision clarifies and complements the Royal Decree-Law 3/thousand nine hundred eighty, March 14, reinforces the powers of councils and simplifies the processing in connection with the projects of urbanization and subdivision or compensation. Also, it unifies the process of license suspension and extends the deadline for the adoption of measures for the protection of the urbanistic legality in the case of works without a license.
The exposed circumstances determine the inescapable and urgent need for the promulgation of the present Royal Decree, by which, fundamentally, is recognized unequivocally the scope of application of the regulation of urban land of general plans and subsidiary rules not yet adapted to the law of the land, giving the local authorities of precise instruments for the definition of the urban regime without prejudice to the application of the remaining requirements imposed by law in relation to the building and urbanization, and, in general, with urban management. Also, by means of the present Royal Decree, local authorities retain competencies for the adaptation of their respective instruments of general planning, except, exclusively, in those cases where special circumstances determined by the need to set specific deadlines and subrogation, breach, of the bodies with competence to grant final approval of the concerned instruments of planning.
By virtue, after deliberation by the Council of Ministers, at its meeting of the day sixteenth of October one thousand nine hundred eighty and one, and use of the authorisation contained in the eighty six article of the Constitution, I have: first article.
One. Finalized the deadlines established in the transitional provision first law of the land, revised text approved by Royal Decree thousand three hundred forty and six/thousand nine hundred seventy-six, nine from April, for the adaptation of the General plans, and insofar as the aforementioned adaptations are not definitively approved, such plans remain in force, being the urban regime defined in the title of application II of the aforementioned Act in accordance with the criteria, a transitional measure and until final approval of the adaptation of the general planning, is set in the present Royal Decree-law.
Two. Without prejudice to the provisions of the following articles, councils must adapt its general planning provisions in the existing law of the land. The classification of the soil that is established to carry out the adaptation of the general planning will not be bound by the classification resulting from the application of the criteria set out in the present Royal Decree, retaining, therefore councils its competence for all purposes, to adapt and revise its overall planning.
3. The adaptation, which may modify or revise the earlier planning, will take place through the formulation of a Master Plan or a subsidiary rule of planning, whose content, classification of soil, determinations and documentation must comply with provisions on the matter of the land law and its regulations. It will include, necessarily, but the adaptation does not propose general planning modifications to, or review, those alterations that are imposed by the requirements of the new planning. The choice of one or another figure of general planning shall be carried out in accordance with the provisions of article tres.dos of the regulation of planning, any that is the existing management instrument.
Four. Organ that has competence for the final adoption of the general Plan or subsidiary standard of municipal planning, attributed it may bring a period, not less than one year, to adapt the instruments of general planning, and can breach, subrogated, without further formalities in the municipal powers to formulate and deal with adaptation.
One. The land classified as urban land or urban reserve in general plans or subsidiary planning regulations yet adapted are considered urban land provided that they are in any of these assumptions: to) land that are equipped with road access, water supply, disposal of sewage, electrical power supply, must have these services suitable to serve the building that on them exists or is to be build.
(b) land that still lacking some of the services mentioned in the preceding paragraph, have his ordination as solid, to occupy the building, at least, two-thirds of the areas suitable for it, according to management that provides for the general Plan or subsidiary standard for them.
Two without prejudice to the direct application of the provisions in the previous issue, the city councils can approve the delimitation of the totality of urban land of their municipalities, or by parties, before the adaptation of their respective plans. The corresponding project of delimitation that will take into account the above criteria, will be processed in accordance with the provisions in article one hundred and fifty-three of the planning regulations with the particularity that the municipal approval agreement shall be, in this case, the character of final approval, without that, therefore, it is necessary the Provincial report nor the elevation of the record to the Provincial Planning Commission. However, the approval agreement will be communicated to the Commission within fifteen days, accompanying a copy of the project.
3. If the characteristics of urbanization and construction offer difficulties that prevented the direct application of the provisions in number one of this article and had not approved the delimitation of urban land, in accordance with the number two, the provincial planning commissions may, ex officio or upon request, fix a term of less than six months , so that Councils come to the formulation and initial approval of the corresponding draft of delimitation. Where councils failing to this period, the provincial planning commissions will be Mediterrenean municipal competencies for the processing and approval of the project formulated by the local Corporation or, in his absence, for its formulation, processing and approval.
Four. The regulation of urban in this type of soil, even in cases that required the development of the determinations of the general Plan or subsidiary norms not adapted by any subordinate planning figure, will be established in article 80 and three of the law of the land.
He is considered as developable land which not gathering the characteristics indicated in the previous article, not being included in the corresponding delimitation of urban land, are classified as urban reserve urban general plans or, where appropriate, in the subsidiaries of municipal planning standards, not yet adapted.
The land is subject to the regime established in Eighty-four article of the law of the land.
Partial plans formulated in this type of soil may not exceed the density limit laid down in article seventy-five law of the land, any that are the determinations which establish the general Plan or subsidiary norms of planning to develop, on these extremes and its content shall be subject to the provisions of article 13 of the aforementioned law and concordant provisions.
He is considered as non-developable land classed as rustic by General plans and subsidiary rules of municipal planning, not yet adapted. His urban regime will be established in eighty six article of the law of the land.
One. Councils in provincial capitals and cities with more than 50,000 inhabitants will be responsible for the final approval of partial plans and special plans that develop and conform to the determinations of the general Plan.
To this effect, once granted interim approval, the Plan shall be non-binding report by the Commission Provincial of urbanism corresponding report which shall be favorable if not emitted within the period of one month from receipt of the complete file by the abovementioned body.
This municipal jurisdiction of final approval is understood without prejudice the subrogation of the Provincial Commission of urbanism, in terms that establishes the following article.
Two. Councils will be responsible, in any case, to approve the instruments of redistribution and compensation, even if there are municipal property.
3. The final adoption of the urban development projects will correspond to the corresponding urban administration had granted the initial approval.
Four. The basis of contests for the drafting of urban action programmes will be definitely approved by bodies or competent corporations to its drafting or processing.
In the processing of partial and special plans that develop general planning, studies of detail, projects of urbanization and delimitation of polygons or performance units, the following rules shall apply: one. The deadline for agreeing on the initial, in cases of particular initiative approval, will be three months from the submission of the complete documentation to the corresponding administration.
The deadline to agree on the provisional approval of partial and special plans, are public or private initiative may not exceed one year since its initial approval.
After these deadlines without justifiably the relevant agreement, apply the rules established in number four of this article.
Two. Final approval of partial and special plans will occur for over three months since the entry of the full record in the register of the competent authority to grant it, while the resolution had communicated.
If it is partial and special plans whose final approval corresponds to the City Council, within three months shall run from the agreement for provisional approval.
3. The deadline for final approval of projects of urbanization and delimitation of polygons or units of action and detail studies will be three months since its initial approval. After this deadline without reporting the relevant resolution, the final approval by administrative silence, shall be granted provided that within this period the formality of public information has been included.
Four. In the event of non-observance of the periods provided for in paragraphs one and three of this article, the Provincial Planning Commission will act by subrogation when so requested by interested parties, request submitted to it, apply the following rules: first: the initial approval will be the same as the designated management holder, counted from the filing of the application to the Provincial Commission.
Second: The partial plans and special plans are not subject to provisional approval, but that they shall be approved if it not communicate express resolution within the period of one year following the initial approval, when this has been granted by subrogation by the Provincial Commission of urban planning and six months since the submission in the application log when the Plan had been approved initially by the incumbent administration provided that, in one case, it had completed the formality of public information.
Third: The projects of urbanization, of detailed studies and projects of delimitation of polygons or performance units shall be approved definitively if they transcurriesen three months from its initial approval for subrogation by the Provincial Commission of urbanism, unless express resolution on final approval, or from the presentation to the registry of the request for subrogation when the project had been approved initially by the incumbent Administration has been communicated of course, in any case, compliance with the procedure for public information.
5. Special schemes that do not develop general planning will continue to be subject to the provisions laid down in the land law and the regulation of planning.
If record of partial or Special Plan which develops the general planning is initiated at the request of urban administrations or mixed state-owned enterprises whose primary purpose is urbanization, the creation of land or the construction of subsidized housing, and is declared to be of recognized urgency for the Council of Ministers, must be resolved on initial approval in within a month after its filing. The public information period is 15 days and the resolution on provisional approval will occur within a maximum period of four months from the presentation. After any of these deadlines, it will operate scheduled subrogation in the previous article, counting deadlines before the Provincial Planning Commission from requesting subrogation and meaning replaced the provisional approval by the short, with reduction of the period of four months to two months, if the incumbent Administration had granted the initial approval.
If the competition for the final approval corresponds to the Provincial Commission of urbanism and has not operated subrogation, final approval and, consequently, the positive silence, will be produced within the period of two months from receipt of the complete file.
In the event that the competition for the final approval corresponds to the City Council, the report by the Provincial Commission of urbanism will be 15 days and the deadline for final approval, expressly or by silence, shall be two months from the agreement for provisional approval.
One. The competent bodies for the initial and interim approval of general municipal plans, subsidiary rules of municipal planning, partial, special plans or studies of detail, may agree suspension of granting licenses allotment land, construction and demolition in certain areas, in order to study their education or reform.
Two. The agreement's initial approval of management tools listed in the preceding paragraph shall determine, by itself alone, suspension of licensing in those areas of the territory subject to the planning whose new determinations involving modification of the urban regime, and should be explicitly noted the areas affected by the suspension.
3. The suspension referred to in the first paragraph, shall terminate, in any case, within the period of one year. Had occurred within this period the agreement's initial approval, the suspension will be maintained for areas whose new planning determinations involving modification of the urban planning and its effects shall cease definitively after two years of suspension agreement adopted to study the Plan or its reform. If the initial approval occurs after expiry of the period of year, suspension derived from this initial approval will also be the maximum duration of one year.
If licensing pursuant to number 1 of this article has not had been suspended prior to the initial approval agreement, determined by that initial approval suspension will have a maximum duration of two years.
In any case, the suspension is extinguished with the definitive approval of the planning.
Four. Extinguished the effects of suspension in any of the projected assumptions, not may remember new suspension in the term five years for same purpose.
5. Suspension arrangements shall be adopted with the formalities provided for in the regulation of planning.
The period laid down in article one hundred and eighty-five point one act of the land for the adoption of measures for the protection of the urbanistic legality, applicable to the works carried out without license or order of execution, will be four years from the date of total completion, as well as the prescription of the corresponding urban development infractions.
FINAL provisions first.
Many provisions are opposed to the provisions of this Royal Decree are repealed.
It authorizes the Government proposal of the competent Ministers and in exercise of its own powers, they dictate how many provisions and measures considered necessary for the development and application of the present Royal Decree-law.
It is authorized the Government to adapt the present Royal Decree-Law and, where appropriate, modify the planning regulations, urban management and urban development discipline.
The present Royal Decree will enter into force on the day of its publication in the "Official Gazette".
Provisions in article sixth, paragraph one, of the present Royal Decree-law with respect to the deadline for the initial partial and special plans and detail studies approval, shall apply in the municipalities that had its planning approved pursuant to the provisions of the land law, consolidated text of nine of April one thousand nine hundred seventy and six , to the entry into force the present Royal Decree, or if not had it, starting from the approval of such planning and, in any case, since the one day of January in the year one thousand nine hundred and eighty-three.
The application of the present Royal Decree-law in the territories of the autonomous communities shall not affect provisions in their respective statutes.
TRANSITIONAL provisions first.
It shall not apply the provisions of this Royal Decree-Law initially approved projects and plans, and the of initiative particular submitted to the registry of the competent body for processing, when the approval or the presentation have taken place before the entry into force of the same.
Provisions of articles eighth and ninth of the present Royal Decree-Law shall apply, respectively, to suspension of adopted licensing agreements and the works completed subsequent to its entry into force.
Given in Madrid to 16 of October of the year one thousand nine hundred and eighty and one.
JUAN CARLOS R.
The Prime Minister, LEOPOLDO CALVO-SOTELO and BUSTELO