The urban development programs for official protection housing, both private and public, as well as the soil necessary for the installation and expansion of industries and services, demand a reactivation. immediate and urgent, both from State administrations and local administrations, particularly as regards the creation of land, as well as to the promotion of relevant actions for urban development.

The aforementioned purpose justifies the State making available to the company all the means at its disposal and in particular its own real estate, in so far as it obtains adequate and responsible response from the It is also necessary and urgent to make the provision of housing for the particularly protected population sectors cheaper. This patrimonial and real estate effort of the State must be accompanied by another correlative that allows, without due guarantees, to speed up the formalities for the promotion of the soil with this destination.

With the stated objectives, by means of this Royal Decree-Law, measures are established that are considered to be most urgent and permanent, without prejudice to the fact that they are supplemented by others of the same or similar wording in the definitive text. that in their day they approve the General Courts of the Laws in these moments in fulfillment on the subjects object of the present Royal Decree-Law.

In its virtue, in the use of the authorization contained in Article eighty-six of the Constitution and after deliberation of the Council of Ministers at its meeting of the 14th of March of a thousand nine hundred and eighty,

DISPONGO:

TITLE FIRST. PROMOTION OF SOIL

Article first.

One. In order to promote the construction of official protection housing, the Urban Social Heritage Administration and the National Urbanization Institute will be able to give up land of their property, for a price lower than their cost, even with free of charge, with the requirements, prices and conditions to be determined in the relevant contest which the effect is to make. Similarly, and in the terms expressed, the National Housing Institute may give up land for public promotion of official protection housing.

Two. Under the same conditions and for the promotion of the installation or expansion of industries and services, the National Urbanization Institute may assign land of its own property, including such disposals among the possible benefits to be granted in the contests that the effect will be called in Areas of Industrial Expansion. In the same terms, the Ministry of Public Works and Urbanism, through the National Urbanization Institute, will be able to convene competitions for the award of land in areas not included in the Industrial Expansion Areas.

Three. The National Urbanization Institute will submit to the Government, through the Ministry of Public Works and Urbanism, prior to the Ministry of Finance, with annual character, a program of preparation and disposal of soil.

Four. The approval of the competitions referred to in the preceding paragraphs shall be submitted to the approval of the Council of Ministers, on a proposal from the Minister of Public Works and Urbanism prior to the report of the Minister of Finance, and with prior report of the Minister of Industry and Energy, in competitions to be called in Ardas de Expansion Industrial.

Article 2.

One. The bodies referred to in the previous Article may transmit, for free, to the State Administration, the grounds of their property for the installation of public services.

Two. The Urban Public Administrations may transmit to each other, free of charge, land of their property for the construction of official protection houses, creation of land for their public offering with such purpose or installation of Community equipment.

Three. The resolution of the relevant file shall be submitted for approval by the Council of Ministers when the State Administration or its autonomous bodies act as transferors to transferee.

Third item.

As of the entry into force of this Royal Decree-law the fee for general costs and administration of urban management, regulated by the Decree three hundred fifteen/thousand nine hundred and sixty, of twenty-five of February, Four percent will be set at the Public Treasury, and the Revenue Budget will be applied. The costs of sustaining the services of the National Urbanization Institute will be charged to the General Budget of the State.

TITLE II STREAMLINING URBAN MANAGEMENT

Article 4.

One. The deadline for resolving the provisional approval of the Special and Special Plans may not exceed one year from the initial approval. This time limit will be three months for the provisional approval of the Urbanization Projects and for the definitive of the Studies of Detail, and in these last two cases the period of public information will be of fifteen days.

Two. After the periods referred to in the previous paragraph and one month after the complaint of arrears by the person concerned, the Provincial Planning Commission or the urban planning body to which the competence for the approval would normally correspond definitive, shall be automatically subrogated in the jurisdiction of the City Council in order to the processing and, where appropriate, approval of the Plan, Project or Study in question.

Three. Once the Partial or Special Plan or Urbanization Project has been provisionally approved, the deadline for resolving its final approval may not exceed three months, counted from the entry of the file in the corresponding Register. After that time-limit without communicating the relevant resolution, the final approval shall be deemed to be positive for a positive silence.

Four. If the file is to be initiated at the request of the Urban or State-owned or mixed enterprises, the main purpose of which is the urbanization, the creation of land or the construction of houses of official protection, and is declared as recognized The Council of Ministers will have to decide 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 these deadlines, the provisions of paragraph 2 of this Article shall apply. After the provisional approval, the dossier shall be submitted, within 10 days, to the body responsible for final approval, in order to decide within one month of the entry of the file in the Register, after the date of the entry into the which, without any express resolution, shall be deemed to have been granted final approval for positive administrative silence.

Five. The requirement for publication in the "Official State Gazette" referred to in Article 100 and twenty-eight of the Urban Planning Regulation is deleted, except for the General Plans and Subsidiaries of Municipal Planning.

Article 5.

One. In the case referred to in paragraph 4 of the previous Article, the City Council may entrust the Urban Administration with the exercise of its powers in respect of the execution of the planning, as well as of all the works and buildings included in the Plan or Project, including the granting of the corresponding licences and without prejudice to the inspection and payment of the fees and charges corresponding to the City Council.

Two. Once the execution of the works and buildings has been carried out, the Urban Administration will give an account of the actions to the respective City Council.

Article 6.

One. The participation of the Urban Administrations in the formation of Societies or in those already constituted for the promotion, management or execution of activities of an urban nature may not be majority. In such a case, the Company shall be subject to the specific control or enforcement link determined by the Acting Administration.

Two. In the procedure prior to the constitution of the urban societies, it will not be necessary to show you the inexistence or insufficiency of the private initiative, nor the case of the municipality or the province if it is dealt with the Participation of Local Corporations.

Three. The National Urbanization Institute will be able to create limited-duration, single-administrator companies for concrete urban actions for public promotion housing. In such cases, the public selection of the particular participation shall not be required where such participation is given to financial institutions or housing promoters.

Four. For the creation by the National Institute of Urbanization of the Societies referred to in the preceding paragraphs, the prior authorization of the Council of Ministers shall be specified.

ADDITIONAL PROVISIONS

First.

One. In order to meet the costs of the National Urbanization Institute referred to in the third article, the following extraordinary credit is granted in the State Expenditure Budget: Section seventeen, Ministry of Works Public and Urbanism; Service zero eight, Directorate General of Territorial Action and Urbanism; Chapter IV, article forty-five, concept four hundred and fifty-three (new). "The National Urbanization Institute, for financing of its operating expenses, six hundred and eighteen million pesetas".

The financing of this appropriation will be carried out as follows: (a) By annulment of one hundred and eighty-four million pesetas in the four hundred and fifty concept and one of the section seventeen, service zero eight, article forty and five, "The National Urbanization Institute, for its participation in the collection of the rate twenty-five-point zero"; b) By means of the Bank of Spain's advance for the rest.

Two. As a result of the above, the following budgetary modifications will be introduced in the Operating and Capital Budget of the National Urban Planning Agency:

a) Resource Status. Chapter 4, Article 40 and one, Concept four hundred and twelve (new), "State subsidy for the financing of the operating expenses of this Agency", six hundred and eighteen million pesetas; minoring the four hundred eleven, "State subsidy from the rate twenty-five zero point two", in the amount of one hundred and eighty-four million pesetas.

b) State of Dotations. To Chapter 6, Article 60 and two. Concept six hundred and twenty-one point one, "Investments to be carried out in compliance with the purposes laid down in the Law on Soil Regime and Urban Planning and Supplementary Provisions", a credit supplement for the amount of four hundred Thirty-four million pesetas.

Second.

Up to three billion pesetas is extended for the National Urban Planning Institute in Annex two of the State Budget Law for 1980.

TRANSIENT DISPOSITION

In the cases where prior to the publication of this Royal Decree-law the initial approval has been given, the time limits referred to in the fourth article shall be computed from the day of the publication.

FINAL PROVISIONS

First.

The Government, on the proposal of the competent Ministries and these, in the exercise of their own, will dictate how many measures are deemed necessary for the development and implementation of the present Royal Decree-Law.

Second.

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

Given in Madrid to fourteen of March of a thousand nine hundred and eighty.

JOHN CARLOS R.

The President of the Government,

ADOLFO SUAREZ GONZALEZ