The available end sixth of the text consolidated of the law on regime of the soil and management urban, approved by Real Decree thousand three hundred forty and six / thousand 1900s seventy and six, of nine of April, establishes that the Government dictate by Decree, to proposed of the Minister of the housing, currently of works public and urbanism and prior opinion of the Council of State , the regulation General or, in your case, them regulations partial that deems appropriate for the development and application of the law.
In fulfilling this mandate, the precepts of the law referring to urban management, according to the order established by the legislation have been developed.
This regulation is made up of six titles, and IV develops even the issue of appraisals, even when Express implementation of the Covenants of the Moncloa can be affected fundamentally by the corresponding law in project; but, until this is approved, is obliged regular such an important issue as the estimations, in order to be able to properly implement forecasts of the land law, is essential in this matter the regulatory development.
By virtue, on the proposal of the Minister of public works and urbanism, in accordance with the opinion of the Council of State and after deliberation by the Council of Ministers at its meeting of 25 of August nineteen hundred seventy and eight, have: single article.
Approves the regulation of urban management to the development and application of the law on the regime of the soil and urban planning, whose text is then inserted.
Given in Palma de Mallorca to 25 of August nineteen hundred seventy and eight.
JUAN CARLOS the Minister of public works and urbanism, JOAQUÍN GARRIGUES WALKER regulation of management planning title first provisions General Chapter first subjects and modalities of management section 1. Article 1 General principles.
1. the implementation of urban planning is, within their respective fields of action, the administration of the State, local authorities, the special urban entities and individuals.
2. urban administrations lead, to the widest extent possible, private initiative and replaced it when it does not reach the required objectives, with compensation established by law.
Article 2 1. The implementation of management by the State plans will take place through the Ministry of public works and urbanism and its management centres, autonomous bodies and public companies that rely on such a mission.
2. both these execution performances and which carry out other ministerial departments, autonomous bodies or public enterprises attached to them will be carried out in accordance with forecasts and at the time indicated in the corresponding planning.
1 it corresponds specifically to the administration of the State management planning at the national level and the territorial plans coordination, without prejudice to that transfer their skills to other territorial entities through decentralization, deconcentration or other forms of entrustment of functions recognized by the applicable law.
2. in the implementation of the planning of municipal or inter-municipal level, the Government will provide technical and financial assistance to local authorities, is subrogated in the exercise of local powers in the cases provided for by the law of the soil, and will carry out the works and installations of services falling within its competence with characters and on schedule except that the realization has been transferred to corporations interested in the modalities envisaged in the previous issue.
1. for the implementation of the plans, the Government may constitute special urban entities or create specific organs, meeting the requirements laid down by the law in force in each case.
2 may, equally, for the purpose of cooperating in the execution carried out by local authorities, form consortia or partnerships with them.
Corresponds to the local authorities, individually or associated together, implementing inter-municipal and municipal plans and realization, own competition title or order of the State, works and services provided for in the planning of superior character.
1. the provincial councils and the inter-island may participate in the development of the territorial coordination plans and the execution of works and services provided therein, when the territorial scope thereof affects all or part of the respective provincial or insular territory.
2. in the development of municipal urban planning competencies, corresponds to the Councils provide technical and financial assistance to municipalities, through their cooperation activity. You can also stand in the exercise of municipal powers in the cases and with the procedure laid down in the law of the land.
1. the municipalities may assume the management urban through its organs of Government ordinary or constitute managements with this object. For the development of actions established in the planning, may also create organs special of management, foundations public of services, societies, or use them other modalities managing planned in the regulation of services of them corporations local.
2 you can also work together with other municipalities, and the State may provide the compulsory grouping them in the cases specified in the Local Government Act.
3. for the development of activities of interest for its population, and that not be of your competition exclusive, may constitute consortia with entities of different order or nature.
1 individuals, individually or grouped in urban entities, shall assume the powers and duties which gives them the land law and planning in order to implement this.
2. collaborating planning institutions may also perform tasks of conservation and administration of the residential units created and goods and services that are part of your equipment.
3. the administration of the State shall encourage private initiative in the execution of plans and citizen participation in all phases of the management of urban planning.
Section 2. Associations and urban groupings article 9.
1. the provincial councils may participate in associations formed by municipalities of their province to cooperate in the development of municipal and provincial planning powers over certain areas under development or execution of the planning.
2. the provincial councils will drive the Constitution, by the bodies and through corresponding associations or, where appropriate, forced groupings of municipalities.
(1. the communities and urban groupings may have intended: to) one or more of the purposes specified in article 21 2 of this regulation.
(b) development and implementation of the planning of intermunicipal nature.
(c) the execution or conservation of urban works and services complementary areas or estates belonging to more than one municipality, when new towns are.
2. them municipalities integrated can, prior agreement favorable of the organ of Government of the Commonwealth, transfer to the same the ownership or the mere exercise of powers urban or relating to activities of character complementary.
3. under the same conditions, the municipalities integrated in a forced grouping may be transferred to this functions not included in the initial object of the grouping.
1. the communities or urban clusters may agree to, previous procedures established in its peculiar system, imposing fees and special contributions provided for under local law, where they provide services or carry out works that legitimises such imposition.
2. the integrated municipalities may delegate in the Commonwealth or grouping, once agreed upon by those, the imposition of taxes for urban nature, liquidation and collection thereof.
3 in addition to provisions of local law, the expenses of urban management of the Association or group may cover with: to) participation in municipal taxes that relate to the competencies of the integrated municipalities which have been assumed by the Commonwealth or grouping.
(b) subsidies which, by way of cooperation to municipal services, remember the corresponding Provincial delegation.
(c) subsidies that the Government agreed to tenor pursuant to article 193 of the land law.
Section 3. Article 12 urban consortia.
1. public administrations may be consorciarse for the purposes of management and implementation of urban development activities development.
2. to consortia individuals, can incorporate prior agreement about the bases that have to govern his performance.
3 both the agreement referred to in the previous number and other necessary acts for the final Constitution of the consortium shall require: to) that the activity whose development is addressed in common is within the sphere of capacity of Consortium subjects.
(b) that each one of said subject meets with them requirements that the legislation that you is applicable set as necessary for force is contractually and for have of funds of his property or to its cargo.
(Them consortia urban can have by object an or several of them purposes following: to) develop studies and perform works of promotion planning of areas, areas or polygons certain.
(b) deal with the formation and execution of special or partial plans and programmes for urban action.
(c) unify tasks of management of the development urban of areas or of polygons, although is without assume of mode direct functions of execution of the planning, collaborating with the administration or administrations planning that are competent by reason of the matter or of the territory.
(d) perform works of infrastructure planning.
(e) create or manage services complementary of urbanizations.
(f) take care of the conservation of new developments, managing unified way the powers or duties of the members of the Consortium.
1 urban Consortium will conduct their activities on its own behalf or on behalf of the Consortium subjects, according to the provisions laid down in their bases of Constitution.
2. the Consortium entities may instruct the Consortium any other activities whose exercise does not have the character of non-transferable, depending on what on the matter provided for in legislation in each applicable case.
3. in any case the power to set taxes may delegate to the Consortium, but yes the unified collection of those that graven land or its use, and may in this case resort to the way of enforcement it may entrust.
4. the Consortium entities can not delegate Consortium expropriation powers, even though they may charge the management of expropriations that they agree.
5. when the consortium set likely to use individualized services, you can assess and collect the corresponding compensations.
Section 4. Urban management article 15.
1 may act management of urban administrations Central, Local and institutional, for the better development of the urban planning powers entrusted to them by law.
2 urban management regime shall entail an organic, functional differentiation, or both at the same time, with respect to the Organization and general functions of the public entity that constitutes it.
3. the management urban may consist in a body of character individual or college or in an entity with personality and heritage own.
4. in the creation of Management forecasts established in each case by the peculiar laws of the entity or entities that agree to its Constitution shall be respected.
1. managements consist the State or institutional management will aim at General or specific activities throughout the national territory or in particular territorial areas.
2. managements may have a temporary or indefinite duration in the latter case being extinguished at the end of the works that have been entrusted to them.
3. urban managements of State or institutional administration may assume, especially, functions of management and execution of the works of conditioning and conservation of areas or polygons residential, industrial or services provided for in the corresponding management plans.
4. anyone who is the form adopted for the establishment of the management, administration that constitutes them may not decentralize, decentralize or delegate to them functions of senior management and management control that is entrusted to them.
1. the administration of the State may constitute and give managements of town planning of district level, with the function of permanent technical assistance to the municipalities in the area, in the development of their planning powers.
2. the Constitution and maintenance of management referred to in this article may be made in common by the administration of the State and the Provincial prior, corresponding the appropriate agreement. Managers thus constituted is framed at the State or provincial organization in attention to the predominant character of support funds.
1 for the institution of the provincial or municipal urban management regime, the following procedure will be followed: to) the application agreement will be adopted by the Corporation in full.
(b) to request will accompany report justifying the proposal, with exposure of their objectives and operational plans, functional regime and economic and financial analysis with expression of projected resources.
(c) the record will rise to the Minister of the Interior, who, following a report of public works and urbanism, submit it with its proposal to the Council of Ministers for approval.
(d) the agreement by which constitute the urban management will determine the powers of the Manager and the regime of remedies against their acts and decisions, in the terms established in the legislation of local regime.
2. the Director shall be appointed by the Minister of the Interior on the proposal of the Corporation. The designation may be filled by a member of the same or who do not ostentare as such, provided that one and the other are specially trained.
3. in the management will they be integrated, moreover, according to the financial possibilities of the creative entity and, where appropriate, the economic aid that count, personal troops, multidisciplinary and specialized character requiring Executive function and the advice and support to the performance of the Manager.
The municipalities may giving urban managements all or any of the following powers: to) instrumental functions of a technical nature, whose decision appropriate ultimately the City Council, such as:-draw up plans for management, detail studies and development projects.
-Implementation of plans and programmes.
-Write, arrange and execute projects of compulsory purchase.
-To prepare and propose to the approval of the competent authorities any kind of documents and urban development projects that they should write the Town Hall.
(b) that involve the exercise of authority and functions to be transferred to you through functional decentralization, such as:-flush alignment setting.
-Grant urban development licenses.
-Issue urban cards.
-Urban inspection exercise.
(c) the management of the municipal heritage of soil, for which purpose may acquire, possess, claim, manage, encumber and dispose of all kinds of goods; as well as assume fiduciary entitlements of provision, with the Sunday to the municipality.
1. the managements urban may also be instituted by the agreement in common of several municipalities, by itself alone or, also, with the Diputación Provincial corresponding, for purposes of character temporary or permanent.
2 you can also create urban management municipal regional or metropolitan character entities and the provincial associations formed subject to the provisions of the legislation of local regime.
3 in one case shall apply the provisions of the two preceding articles of this regulation.
Section 5. Personification of corporate form article 21.
1. urban administrations may create, together or separately, corporations as appropriate to the promotion, management or execution of urban activities. The agreement of creation, as well as, where appropriate, the participation in the already created society, shall be governed by legislation that each entity applicable.
2 may, especially, entrust to companies incorporated by urban administrations: to) the realization of infrastructure and provision of services in an area or polygon set urban action.
(b) the promotion and management of housing developments, regardless of the system to be adopted for the elaboration and implementation of urban planning.
3. public participation in the societies to which this article refers shall be in any case majority.
1 also eligible urban administrations in any other incorporated societies, with limitation of liability, by individuals for the development of end of urban nature.
2. in the cases covered by this article, the administrative involvement may not be majority. If they are given special powers by the competent authorities, the society may be subject to the specific link control or subject to be determined, in order to adapt such powers for the purposes of public interest.
The competent administration may deliver to urban societies suitable service concessions, to exploiting obtain remuneration of urban work.
Section 6. Article 24 collaborating planning institutions.
1. interested parties may participate in urban management through the creation of urban entities.
2 are urban institutions: to) the compensation boards.
(b) the administrative cooperation system owners associations).
(c) conservation entities.
3. the entities urban collaborators are governed by its by-laws and the provisions of this section, without prejudice to the application of the specific provisions contained in chapters II and III of title V of this regulation for the boards of compensation and administrative associations of owners in the system of cooperation and of the provisions laid down in chapter IV of title II for the conservation of the urban development works.
1. the Constitution of boards of compensation and administrative associations of owners in the cooperation system will accommodate expected the provisions contained in the respective systems of action.
2 conservation of the works of urbanization entities may act as a result of the transformation of any institution pre-existing from the stated in the previous number, or specifically for those purposes, without that previously has been constituted an entity for the execution of infrastructure works.
3. will be mandatory the Constitution of an entity of conservation whenever the duty of conservation of them works of urbanization falls on them owners included in a polygon or unit of performance under them determinations of the Plan of management or bases of the program of action urban or is expressly of provisions legal. In such cases, membership of the conservation entity will be mandatory for all owners within its territorial scope.
1. the entities planning partner will have character administrative and will depend on in this order of it administration urban acting.
2. the personality legal of the entities urban collaborating is means acquired starting from the moment of its registration in the corresponding record.
1. the Constitution of the entities urban collaborating, as well as its statutes, will have of be approved by the administration urban acting.
2 passing the Constitution agreement shall be entered in the register of entities urban partners, which will be in the respective commissions provincial planning, where a copy of the statutes of the entity authorized by competent official will also be filed.
3. the appointments and resignations of the persons responsible for the Government and administration of the entity shall also be entered when registering.
4. the amendment of the statutes shall require the approval of the corresponding urban administration. The respective agreements with the content of the modification, where appropriate, shall be entered in the register.
The transfer of ownership that determine membership of any of the types of urban entities shall entail the subrogation of the rights and obligations of the deceased, meaning built-in the acquirer the entity from the time of transmission.
Collaborating planning institutions agreements shall be adopted by simple majority of participation fees, unless the statutes or other rules provided a quorum for certain cases. Such agreements may challenge in appeal before the corresponding urban administration.
1. the dissolution of them entities urban collaborating is will produce by the compliance of the purposes for which were created and will require, in all case, agreement of the administration urban acting.
2 shall be the adoption of the dissolution of the entity while not stating the fulfilment of the obligations that are pending.
Chapter II requirements General for the implementation section 1. Legitimizing function of planning article 31.
1. for the implementation of general plans in urban land, it is sufficient that they contain the requirements set out in article 12, 2, 1, the law of the land.
2 programmed urbanizable actions require the prior approval of the partial Plan of the corresponding sector.
3. in not only programmed urbanizable may act through the adoption of programmes of urban action and the corresponding partial plans for its implementation.
4. the implementation of the General systems of general and organic structure of the territory will be held, well directly, through the adoption of special plans, either by their inclusion in the relevant sectors for its development in partial plans.
1. for the implementation of the determinations of the complementary and subsidiary rules in urban land planning will be enough that these rules contain the clarifications set out in article 92 of the regulation of planning.
2. in declared areas suitable for urbanization in subsidiaries complementary planning of municipal nature standards it will act through the corresponding partial plans.
1. the execution of the planned infrastructure projects, where appropriate, in the territorial coordination plans can be directly performed by the adoption of special plans.
2 may be also approved special plans for the implementation of actions in urban land in municipalities that have approved general Plan or subsidiary or complementary planning of municipal nature standards.
In the municipalities that lack of Plan and complementary and subsidiary rules of planning, construction in urban soil and in your case, the works of urbanization in this soil will accommodate duly approved construction Ordinances, and legislation of local regime once delimitation of such kind of soil by the procedure laid down in article 81 2, the law of the land. In any case, be taken into account the provisions of articles 73 and 74 of the Act.
Section 2. Article 35 priority order.
1. the implementation of the plans will be held in accordance with the programs contained in them.
2. inside of each Plan will be priorities of some estates with respect to others, stating that, except in the case of securing the execution of road systems and networks of public services provided in the Plan, although they exceed those required for the service of the polygon that is acting.
3. in the implementation of the special plans follow the order of priority that in each one of them is established according to the objectives that tries to get.
Section 3. Delimitation of polygons and performance article 36 units.
1. the execution will take place always units of action or polygons, except in the case of the execution of general systems or any of its elements or actions isolated in urban land.
2 in the delimitation of the polygons in developable programmed or included in a programme of urban action must be justified for each of them the fulfillment of the requirements of article 117, 2, the law of the land.
For the purposes of enabling the equitable distribution of the benefits and burdens of urbanization, not is you can delimit polygons within the same sector whose achievement differences between them in relation to the use of the sector exceeds 15 per 100.
3. in urban land, when no possible determination of a polygon with the requirements established in article 117, 2, the law of the land or in the case of isolated actions, urban operations may be performed by the delimitation of performance units that allow, at least, the fair distribution between the owners of the benefits and burdens arising from planning.
Should not be enclosed polygons or units of action immediate transfer free and compulsory grounds excluding polygons referrals and drives the corresponding part of the listed grounds.
1. when the difference in use between polygons, fixed under the terms laid down in paragraph 2 of the preceding article, is less than 15 per 100, the polygonal boundary shall be valid and will produce all its effects, notwithstanding that the owners located in the polygon or polygons with higher utilization have compensate in cash to the owners of the estates with lower utilization by the difference resulting.
2. in the settlement account of the proposed subdivision or compensation of the affected by the difference of use polygons will be included a few games, debtor and creditor, which shall be subject to compensation in cash.
3. in polygons with excess of exploitation, the amount of this will have the character of development spending and will be delivered to the corresponding administration in order to compensate in cash to the owners of the polygons with defect. However, the corresponding Administration will satisfy this compensation assuming the portion of costs of equivalent estate.
1 definition and delimitation of the polygons and units of action, when it has not been contained in the plans, shall comply with the following procedure: to) will start automatically by the local authority or acting Special urban development or at the request of interested individuals.
(b) approved initially record, shall be submitted by the acting entity to public information during the period of fifteen days, by means of announcements to that effect inserted in the «Official Gazette» of the province and in a newspaper with the largest circulation in the province. Personal citation of the owners of land within the polygon or unit of action, for which the term will start counting from the day following the receipt of the notification is mandatory in all cases.
(c) the record with complaints and observations that have been made will be definitively resolved by the special urban local authority acting. In the case of agreements for local authorities, suffice for simple majority adoption.
(d) for the effectiveness of the delimitation, the publication of the definitive approval in the «Official Gazette» of the province will be required.
2. the same procedure should be followed when any polygons or units of action already delimited.
3 claims or appeals against the Act of final approval based on errors or omissions not reported in the phase of public information will not result in any case in retroaction of proceedings, without prejudice to compensation which could correspond to the claimants.
4 If, as result of produced allegations, the final approval agreement amend the boundaries of the polygon you won't need new processing of information, except that the surface of the polygon or performance unit will increase or decrease by more than 10 per 100, with regard to the initially planned, in which case hearing will be affected by the increase or decrease.
Title II rights, obligations and burdens of owners first chapter Office of the faculty building article 39.
1. in soil urban only can build is when them land acquire the condition of solar or when is secure the execution simultaneous of the estate and of the building.
2. However, may authorize is constructions intended to purposes industrial in them areas allowed, when the security, health and not pollution remain enough served and the owner took them obligations established in them articles 46.2 of this regulation and 83.3, paragraph 1, of the law of the soil, through registration in the registration of the property.
1 to authorize the construction of land that does not have the status of solar and not included in polygons in urban land or performance units, is necessary, as a guarantee for the realization of development works: to) in the application for licence, the particular person concerned or, in your case, the ministerial department or entity that manages state assets , is commit specifically to the building and estate simultaneous.
(b) that is pay bail, in any of them forms admitted by it legislation local, in amount enough to ensure the execution of them works of urbanization, in the part that corresponds.
(c) that in the written of application of license is commit to not use the construction until both not is completed the work of urbanization and to establish such condition in them assignments of the right of property or of use that is carried to effect for all or part of the building.
2. the commitment to develop not only reach the works affecting front façade or facade of the land on which it is intended to build, but all the necessary infrastructures so they can be necessary public services, such as network of water supply, sanitation, public lighting and paving sidewalks and driveway, to the point of liaison with the General and road networks that are operating.
3. the failure of urbanization simultaneous to building behave the expiration of the license, without right to compensation, preventing the use of the built, without prejudice to the right of third-party purchasers to compensation for damages and losses arising them. Also, will involve the loss of the deposit referred to in paragraph 1, b), of this article.
1. in the urban land owners of land included in polygons or performance units may also apply for license building until they acquire the condition of solar, provided that the following requirements.
to) that he had won firmness, in administrative proceedings, the Act of approval of the proposed subdivision or compensation, if one or the other were necessary for the distribution of benefits and burdens of the Plan.
(b) that the State of realization of the works of urbanization the Administration considers foreseeable that upon completion of the building plot concerned will have all the services necessary to have the condition of solar.
(c) that in the notice of application for licence you agree not to use the building until such is not completed the work of urbanization and to set such a condition on transfer of right of ownership or use that will take effect for all or part of the building.
2 will not be allowed the occupation of the buildings until not urbanization affecting these buildings be completely performed and they are in working order the supplies of water and electricity and sewage networks.
3. will be of application the forecasts established in the number 3 of the article above.
1. in developable programmed, as partial plans are not approved, and to run the corresponding work of urbanization, you can build no lift facilities; However, may perform the works corresponding to the infrastructure of the territory or to General systems of urban development or run those other provisional character referred to in article 58.2, the law of the land.
2 you can build in this category of soil, prior approval of the partial Plan and corresponding urbanization projects, until the land are totally urbanized, provided that the requirements outlined in the previous article and the purposes expressed therein.
Areas included in an urban action program, as long as the corresponding partial Plan is not approved, shall apply the provisions laid down in the preceding article.
1 in both urban action programmes are not approved, classified as non-programmed urbanizable land shall be subject to the following limitations, in addition to those applicable under other laws: 1st incompatibilities of uses set out in the General Plan shall be respected.
2nd No other buildings than those aimed at farms that are unrelated to the nature and purpose of the estate and conform can be applicable to plans or rules of the Ministry of agriculture, as well as constructions and facilities related to the execution, entertainment and public works service. However, they may be granted, following the procedure laid down in this article, buildings and installations of public utility or social interest which are to be sited on the rural environment, as well as for family housing isolated buildings in which there is the possibility of formation of a nucleus of population.
3 types of structures will have to be appropriate to their condition and isolated situation, according to the regulations laying down the Plan, leaving prohibited characteristics of urban structures.
4th in the transfers of property, divisions and segregations of rural land may not be divisions contrary to the agrarian legislation.
2 the procedure for the approval of the construction of buildings and facilities of public utility or social interest or family housing that is mentioned in the second limitation of the previous number will develop as follows: 1. start by request of the person concerned to the respective Town Hall, in which can be recorded the following: to) name , surname or, where appropriate, name and address of the person physical or legal entity to request it.
(b) location and extent of the estate that is intended to build, reflected in a map.
(c) area occupied by construction and description of the fundamental characteristics of the same.
d) if it's buildings or installations of public or social interest justification these extremes and the need for its location in the rural environment, and that population is formed.
2. the City Council shall request and will raise the record to the Minister of public works and town planning, in the case of provincial capitals or towns of more than 50,000 inhabitants, or the Commission Provincial planning respective, in other cases.
3. the Minister of public works and urbanism or the Provincial Commission of urban planning, as appropriate, undergo record public information for fifteen days in the capital of the province.
4. After this period, the final decision by the authority or a competent organ of the statements in the previous issue will be adopted. The resolution shall assess the public utility or social interest of the building or facility, when the usefulness or interest come not attributed by application of specific legislation, as well as the reasons which determined the need to locate in rural. If case of buildings used for family housing, they should assess, where appropriate, in accordance with the criteria of the General Plan or subsidiary rules and complementary for the planning, the circumstances on the basis of which can be considered that there is no possibility of formation of a nucleus of population.
1. the land classified as undeveloped land will be subject to limitations established for non-programmed urbanizable.
2 spaces which by its characteristics according to the General Plan should be subject to a special protection may not be devoted to uses which involve transformation of their destiny or nature or injury specific value that you want to protect.
Chapter II compulsory cessions and half use article 46.
1. the owners of the soil affected by an urban action are required to carry out free transfers of land that the law of the land for each of the types and categories of soil in the terms arising from the General Plan and each of the plans that develop it.
2. the compulsory and free transfers in urban land shall be made on behalf of the municipality and shall consist of the total area of land for roads, parks, public gardens and centers of basic General education in the service of the polygon or corresponding action unit, according to locations or sites designated in the Plan.
3 in programmed urbanizable free and compulsory assignments will be made on behalf of the municipality or, where appropriate, of the urban entity acting and are as follows: to) the total surface area of roads, parks and public gardens, sports and recreation and expansion, cultural and educational centres and the precise grounds for the installation and operation of other necessary public services.
(b) in the sectors which, by virtue of the uses and intensities laid down in the General Plan, have attributed a use upper provided for in the Plan itself for all the developable programmed, as well as transfers of the preceding paragraph, the buildable surface on which lies the difference between both uses. This assignment will only proceed if excess use is not intended to the adjudication of soil for owners of land affected by General systems or when such contracts do not absorb all of the excess, in which case the transfer in favour of the corresponding administration shall be limited to the land not included in the above awards.
((c) in all case, the soil buildable corresponding to the 10 by 100 of the use half of the sector, prior deduction of them transfers to is concerns the paragraph b) earlier when were from.
4. in soil developable not scheduled them owners of land covered in the scope of the program of action urban that is approve, will be subject to them obligations that point to assignment of land sets the title VI of this regulation.
1. the inspecting administration is bound to affect the purposes of the Plan, the land it acquires as a result of the compulsory transfer duties that fall on the owners.
2. the intended soil, according to the Plan, ownership and public use and the land upon which have buildings or other public service facilities cannot be redeemed target but by modifications of the Plan.
3. in all case must have is in has that when them surfaces of them property of domain and use public previously existing are equal or lower to which is as result of the execution of the Plan, is understand replaced ones by others. If such surfaces were superior to them resulting of the execution of the Plan, the Administration will perceive the excess, in the proportion that corresponds, in land buildable.
(1. the use to which the owner of each property included in land is entitled will result from applied to its surface 90 per 100 of the middle sector use, once deducted the transfers referred to in paragraph b) of the number 3 of article 46, where they come.
2 10 per 100 remaining, with its corresponding ground, shall be compulsory and free of charge transfer to the administration.
3. among the owners of each sector operations appropriate compensation or with corresponding allotments of land reparcelling, will practice to use corresponding to each owner is determined in number 1 of this article.
1. in the cases referred to in article 125 of the land law may be substituted for assignment of 10 per 100 of exploitation that corresponds to each farm by a contribution in cash that the owner shall be paid to the administration.
2. the compensation shall fix management pricing, soil, that should have been given, pursuant to the urban value that corresponds according to their classification, and the costs of urbanization in the extension determined in this regulation are flipped, in any case, the owners according to the total usable surface.
1. in sectors for which the General Plan set a use upper to the middle of all the programmed urbanizable may not approve partial plans which do not contain their division into polygons.
2 partial plans shall specify in these cases the amount of the excess, to the effect that, after timely operations of subdividing or compensation, such excess is awarded to the owners of ground-oriented General systems in which do not apply is expropriation, or to the corresponding administration, in another case.
3. them owners of soil intended to systems General or to the administration acting, according to them cases, will form part of the community reparcel or compensatory corresponding to them polygons that result with excess of exploitation.
1. the owners of land, forming part of the programmed urbanizable and which, being intended in the General systems of communications and their protection areas, open spaces for public parks and green areas, community equipment and public facilities, are devoid of exploitation, they will be compensated, when does not apply the expropriation, through the award of other land in sectors that have an average higher than from all the developable scheduled use , in the form and amount established in the number below.
2 zero will be offset to such owners of land use - in the appropriate procedure of subdividing or compensation - with the surface corresponding to the exploitation that results from applying 90 per 100 of half of all programmed urbanizable exploitation to the affected land.
3. owners referred to in the two previous numbers will be part community reparcel or compensation in the polygon or polygons which have become effective rights being subject, in addition, to the obligation to pay the proportionate share of the costs of urbanization which corresponds to plots are awarded to them.
1. the City Council or body acting can occupy the terrains for the urban planning systems included in a partial or special plan without having to attend the compulsory purchase, once started the procedure of subdividing or compensation in the polygon, for having an excess of exploitation in relation to of all the developable scheduled they have to enforce their rights owners affected by General systems.
Use recognized each of the occupied estates should be effective in an only polygon, and if not possible, in the least number of these.
2. in no case may occupy the aforementioned grounds while simultaneously acting organ issuing the certificates referred to in the following article.
In addition, owners of the ground proving the existence of an effective rural exploitation shall be entitled to receive an annual interest of 6 per 100 of the initial value of the land and assets occupied since the date of occupation until the final approval of the project of subdivision or compensation of the polygon where have to enforce their rights. The determination of the initial value will be held for this purpose by the acting administration itself, with the interested audience.
1 at the time of the occupation will rise Act, in duplicate, which shall be expressed: to) place and date of issuance.
(b) determination of the corresponding Administration).
(c) partial or special plan which motivates the occupation, with expression of the dates for final approval and publication in the «Official Gazette».
(d) name and officers authorizing the Act on behalf of the administration.
(e) identification data of the owner of the land occupied, stating the name and civil status, if it were a natural person, and the name that is known if it were legal person, and address, name and circumstances of persons involved in the Act on its behalf.
(f) description and busy area.
(g) use by application to the surface occupied 90 per 100 of the programmed urbanizable average use.
(h) polygon in that have of make is effective the rights of them owners of the land occupied.
(i) actual charges which effectually on land occupied, holders of such loads, value or amount of the same and refer to the registration data.
(j) the expedition of them certifications to is concerns the article following and if have been delivered to their holders or have remained in power of the organ acting, with expression of the cause.
2. rear certifications delivery who prove their right will be recorded in successive proceedings following the Act.
3. the duplicate of the minutes will be sent by the acting body to the land registry to record the fact of occupation regardless of the last existing domain registration.
1. the inspecting body shall issue in favour of each of the owners of occupied land certification of the Act referred to in the previous article, on which are indicated the exploitation units that correspond to each occupied plot and the polygon in which shall give effect to their rights. Such certification shall be delivered to the owner of occupied land if it is known and appearance to the Act of occupation. If not appearance the owner, it is unknown or is concerning a dispute over ownership of the farms or rights, acting body, to occupy the land, shall issue certifications in any case with reference to the occupied farms and shipped to holders when they appear and show their right.
2. the existing real loads on occupied farms may be released, receiving their own exploitation units in proportion to the value of its right, if at the time of the occupation the farm owner and the holder or holders of loads present-sharing agreement of use corresponding to the taxable estate. In this case, acting body delivered to each stakeholder a declarative certification in the proportion of use that apply to you in relation to the of the totality of the estate, in accordance with what was agreed, with all the consideration of joint owners for all purposes and may, consequently, be part of the compensation boards in the manner provided in article 166 (, and), of this regulation.
If at the time of the occupation concerned do not present the exploitation units sharing agreement, the acting organ may suspend the occupation of the property taxed to granting them a period not exceeding one month so it can get it. If not within this period they present Convention or for reasons of urgency the time can not be granted, the acting organ will occupy the property taxed, issuing a declarative certification of achievement that corresponds to the estate, which also shall contain the existence of non load or right and its owner. This certification will be a copy to each interested party.
Existing leases on the occupied farms will remain the regime established in the law on compulsory expropriation, and be paid compensation corresponding administration, reducing what the use attributed to the owner is necessary.
3. once obtained certification and based on it, the holder of the domain or of a duty or burden real transformed may grant deed of declaration or specification of the exploitation units derived from their right, which is describe the estate or right that derived and polygon where have become effective, stating the charges that , if any, exist. Cited Scripture will inscribable in the registry of property on the same folio of the busy farm, and if it declares only part of the corresponding to the same exploitation units, shall register as fee undivided pro of the domain.
If the occupation not had affected to the totality of the finca, is segregará previously the part occupied.
4. them transmissions later of all or part of them units of use is shall be according to it established for the transmission of goods estate, making recorded in the title them circumstances reviewed in the paragraph previous, and is entered in the same folio registry of the finca occupied, that not is Cancel until is enter the agreement of subdivision or compensation of the polygon in that them holders of them cited units of use have of make effective their rights, as provided for in article 114 of this regulation.
5. holders of actual charges which have not been released or transformed into exploitation units will retain all of its shares for defense or enforcement of its law, which shall remain the entire plot or fee undivided pro, where arrangements of compensation or subdivision, is awarded to the owner or owners of the exploitation units derived from the originally taxable estate by application of the principle of real subrogation, be applicable the provisions to this regulation contains cargo on farms included in the polygon. If the taxed exploitation units have partially alienated, the holder of the charge may be entirely repeated its contents against any of the groups of exploitation units belonging to different holder or all of them at the same time, in accordance with the system of the 123 articles of the mortgage law and 221 of its rules of procedure.
If the load is declared incompatible with planning, will be as provided in article 101, 3, the law of the land and matching of this regulation.
However the provisions of the preceding articles, the Administration may also purchase land for general systems through the application of the expropriation Institute.
1. each urban action program shall use half of all of the land within its scope, and if there are divisions in sectors, corresponding to each of them.
2. the implementation of the use medium within the scope of urban action program shall be subject to the rules established for the programmed urbanizable.
3. the transfer of 10 per 100 of average achievement may replace older obligations that provide the bases, when in these such substitution is specifically specified.
1 when urbanization and build under the aegis of complementary and subsidiary planning regulations, the owners of land located in each area to build will be subject to compulsory and free transfers to the numbers 2 and 3, refer to), article 46 of this regulation, as well as the obligation to assign 10 per 100 of achievement resulting from provisions of each plan.
2. the location of the ground corresponding to 10 per 100 of the use of the partial Plan that develops standards for each zone or part of it shall be fixed in the subdivision or subdivision, records depending on the farms of one or more owners.
3. in addition, it should serve the remainder of the obligations laid down in this regulation in relation to the payment of the cost of the urbanization.
Chapter III article 58 urbanization costs.
The owners of land affected by an urban action will be required to cover the costs of the urbanization that is listed in the following items, in proportion to the area of their respective land or, in its case, which is contained in the documents referred to in article 53 of this regulation.
1 the amount of works of urbanization that is borne by the owners of a polygon or performance unit shall include the following items: to) works of roads, including therein Flatwork, surfacing and paving roads, building and curb sidewalks and pipes that must be built in the basement of the thoroughfare for services.
(b) sanitation works, which comprise general and partial manifolds, rush, drains and atarjeas for stormwater and wastewater treatment plants, in the proportion that affects the unity of action or polygon.
(c) water supply, which include the works of catchment when necessary, domestic distribution of drinking water, irrigation and fire hydrants.
(d) provision of electricity, including driving and distribution, and public lighting.
(e) landscaping and trees in parks, gardens and roads.
2. individuals affected by urbanisation in a polygon or performance unit may reimburse costs of the installation of water and electricity, with charge concessionary companies, in the part which, according to the regulation of such services, does not have to be borne by the users. Installation costs will be credited through certification issued by the corresponding administration.
They will also be in charge of land holders, and in the proportion specified in article 58, the compensation to owners and tenants of buildings and constructions of any type that have been down for the correct execution of the plan, as well as the indemnity of destruction of plantations, works and facilities incompatible with the plan that runs.
It will also account for recipients of land covered by the polygon or unit of corresponding performance cost of drafting and processing of the partial plans and projects of construction and the total amount of land subdivision or compensation costs.
If there is agreement between the Administration and the affected owners, the payment of all or part of the expenses referred to in the three preceding articles may be yielding to it, free of charge and free of charges, land buildable on the proportion that is deemed sufficient to compensate such expenses, the amount of which will be determined in the agreement itself.
Owners of unscheduled plot, which is the subject of a programme of urban action, in addition to pay all costs of development referred to in the preceding articles and meet the additional loads imposed by the program, must pay the total execution or necessary supplement of the exterior works of infrastructure on which rests the urban action such as road link with the nuclei of population, installation or extension of facilities of water supply pipelines, sewerage and sanitation networks, stations sewage treatment plants, electric power supply and any other necessary services so that soil subjected to urban action program is properly linked through those systems with the structure of the municipality in which the program is developed.
When the performance in certain polygons or units of action not is presumably profitable, by result excessive them loads in relation to the scarce use intended for them areas buildable, the Council of Ministers, to proposed of the Minister of works public and urbanism, and prior opinion of the Council of State, with audience or, in its case, to instance of them municipalities interested It may be authorized, without modifying the determinations of the Plan, a reduction in the contribution of the owners to them or compensation in charge of the Administration, trying to match the costs of the action to other similar that have been proven viable.
((He breach by them owners of soil of them obligations and loads that is set in this regulation will give place: to) to the levy of them quotas of estate by it via of apremio or b) to the expropriation by it administration of them land affected to the compliance of them loads, being beneficiaries of the expropriation it own administration or it together of compensation , as the case may be.
The owners of land located in areas suitable to urbanize as complementary and subsidiary planning regulations pay development costs mentioned in articles 59 to 61 of this regulation and the execution or supplement of foreign works on which rests each individual performance, in the form and amount set to approve each partial plan.
Chapter IV article 67 estate conservation.
Conservation of the urban development works and maintenance of allocations and the utility services will be in charge of the corresponding administration, once you have made the transfer of those.
1. Notwithstanding the provisions of the preceding article, the owners of the land covered by the polygon or unity of action to this obligation, when thus imposed by the Management Plan or the basis of a programme of urban action or is expressly legal provisions will be subject.
2. in the course of the previous number, owners will have to integrate into an entity of conservation.
1. the participation of owners in the obligation of conservation and maintenance of the works of urbanization, equipment and facilities of the public services, when you are not in charge of the corresponding administration, shall be determined participation they had fixed on the Board of compensation, the re-plotting project or, in his case, which has been set in the State of conservation.
2. If on the plots have had constituted horizontal property regimes, the contribution of the owners in the aforementioned obligation of conservation and maintenance shall be determined by the participation fee in relation to the total value of the property that is assigned in each community.
1. anyone who is the subject to whom corresponds the obligation of maintenance referred to in the preceding articles, the town hall or administration acting in his capacity as holder of the lands of the public domain, works, equipment and facilities subject to mandatory assignment, may require by way of enforcement fees are owed, either ex officio, at the request , where appropriate, of the urban entity collaborator.
2. the amount of the fee will be awarded by the City Council or corresponding administration entity responsible for conservation, when such obligation does not correspond to the administration.
Title III subdivision chapter first general article 71 standard.
1. is understands by subdivision it grouping or integration of the joint of them farms covered in a polygon or unit of performance for its new division adjusted to the Plan, with award of them plots resulting to them owners of them primitive, in proportion to their respective rights, and to the Administration competent, in the part that corresponds according to the law of the soil and to the Plan.
2. when the soil land scheduled or included in a program of performance urban, a polygon had a use top to which is corresponds because of the half set for that type of soil, also will form part of the community of subdivision those owners of the soil outside to the polygon that have recognized the right to participate in them awards, by be intended its soil to systems General and not have is applied it expropriation forced.
3. the resulting plots that are awarded to the owners replaced the primitives, without solution of continuity in the respective entitlements, for all purposes.
4. the subdivision comprises also the determination of them compensation or compensation necessary so is fully fulfilled, within the unit reparcelable, the principle of it fair distribution between them interested of them benefits and loads of it management urban.
1 reparcelling aims: to) fair distribution among stakeholders of the benefits and burdens of the urban planning.
(b) the regularization of farms to suit your configuration planning demands.
(c) the situation of certain plots and areas suitable for the edification of the exploitation established by the Plan.
(d) the location on certain plots and areas suitable for the edification of the exploitation that corresponds to the corresponding administration, in the case of urbanizable programmed or included in a programme of urban action.
2. any of these purposes justified if single reparcelling, although others are not fulfilled.
3. the fair distribution of the benefits and burdens of management will be required whenever the plan assign unevenly to farms affected the volume or buildable surface, urban uses or constraints and loads of property.
Not the subdivision will be necessary in the following cases: to) when, in urban land, all of the grounds of the polygon or action unit belonging to a single owner.
(b) when the Plan is run by expropriation or compensation system.
(c) when not if any of the causes listed in the preceding article of this regulation.
(d) in the case of the execution of a Plan affecting an area above reparcelada, without altering the economic balance between the owners.
e) when all affected owners expressly renounce it and, for developable programmed or included in a programme of urban action, the corresponding Administration accept the location of use corresponding.
In accordance with article 125,2, of the law of soil, when more than 50 per 100 buildable surface of a polygon or performance unit is built according to the plan, reparcelling shall be limited to material redistribution of the remaining land and to establish alternative compensation coming among those affected.
Chapter II requirements section 1. Competence, legitimacy and capacity article 75.
1 the competition process to resolve cases of land subdivision corresponds to councils and, where appropriate, bodies or administrative entities that have expressly attributed competence for the execution of plans, in accordance with their specific provisions or in the exercise of its powers of subrogation which proceed according to the law.
2. when in a reparcelable unit are covered municipal assets, own or public domain subject to a public service, the final resolution of the dossier will correspond to the Provincial Planning Commission.
1 without prejudice to the provisions of article 71 of this regulation, shall be taken as part of subdivision in the files: a) the owners of the affected land and, where appropriate, the holders of land affected by General systems that have to ensure their right in the estate in question.
(b) the holders of rights in rem over them.
(c) rural and urban renters.
(d) any other interested to appear and justify their right or legitimate interest.
2. for the purposes of the determination of the entitlements, the rules of the compulsory expropriation shall apply. These same rules apply to resolve the issues of capacity and representation of stakeholders.
3. the provisions of this Regulation shall apply, however capacity defects, limitation of the faculty have or other circumstances that condition or ban transmissions of farms in normal situation.
Section 2. Article 77 reparcelable unit.
1. the Subdivision extends to all areas covered by the polygon or performance unit Plan whose implementation is defined or delimited by the procedure of article 38 of this regulation.
2. the reparcelable unit shall be determined, without a new agreement, when falls the final adoption of the Plan or boundary polygon or unit of action referred to in the preceding paragraph.
3. resources that should stand against such agreements not suspended the course of land subdivision record. If it is modify the polygon or unit of action after having been passing the subdivision agreement, you will keep this and a new supplementary record opens to set compensation that correspond between the interested parties.
1. Notwithstanding the provisions in the article above, upon request, whenever it occurs before the end of the exposure process to the public of the proposed subdivision, exterior surfaces to the polygon or unit of action, through a new process of grinding project, during fifteen days public information be included in the reparcelable unit.
2. the inclusion of these external surfaces, which will be incorporated into the reparcelable unit to all the effects of the subdivision, shall be based on that case of surfaces linked economic or functionally in the arrangement of the polygon or performance unit, without it being possible or from joining another reparcelable unit.
3. in urban land, and in cases of voluntary redistribution, the reparcelable unit can be dashed, and even to refer to isolated parcels, provided that locks the fulfillment of the Plan and is not irrogue prejudice to third party owners.
In no case may agree the exclusion of the unit reparcelable of farms covered by the polygon or performance unit, delimited for the purpose of implementation of the Plan, without prejudice to how much is available in the article 99.3 of the land law, with respect to the awarding of certain properties, and in the 125,2 own law of the land with respect to replacement material reparcelling of land compensation.
Section 3. Article 80 formalities.
1. the reparcelling presupposes the existence of a planning for whose execution is carried out.
2 the plan that runs can be: to) the general management plan, completed in his case study of detail corresponding, if it is urban land.
(b) a special plan, if its execution is from the subdivision.
(c) a partial plan in other cases.
It project of subdivision may process is and approve is joint and simultaneously with the plan partial or with the delimitation of the polygon or unit of action, without prejudice of that, in your case, is conditioned to the approval of the plan partial.
1 the content of the subdivision will be made in a project, which shall comprise the following documents: to) memory.
(b) relation between owners and stakeholders, expression of the nature and amount of their entitlement.
(c) proposal for the award of resulting farms with expression of urban exploitation each corresponding and nominal designation of the adjudicatory.
(d) valuation of rights, buildings, structures or plantations that are extinct or destroyed to the implementation of the plan.
(e) interim settlement account.
(f) flat: f.1. Plan of situation and relationship with the city.
f.2. flat of delimitation and information, with expression of them limits of the unit reparcelable, boundaries of them farms affected, buildings and other elements existing on the ground.
f.3. level of ordination, which is played on the same scale as above, the corresponding plane of the plan that runs.
f.4. level of classification and assessment of awarded surfaces.
f.5. level of award, with expression of the boundaries of the resulting farms awarded.
f.6. flat overlapping information and adjudication (f.2 and f.5).
2. when reparcelling refers to urban land and the right of the owners is determined by the urban value of their respective estates, a level of classification and valuation of the contributed property is added.
3 previous documentation may be reduced or extended in accordance with the effective content of the subdivision in each case.
The memory of the project shall relate to the following ends: to) circumstances or arrangements that encourage reparcelling and peculiarities which may occur concurrently.
(b) description of the reparcelable unit.
(c) criteria used to define and quantify the rights of those affected.
(d) assessment of awarded surfaces criteria.
(e) criteria for the award.
(f) criteria for the assessment of buildings and other elements that need to be destroyed and of charges and expenses that correspond to the successful tenderers.
(g) any other circumstance that contributes to explain the arrangements proposed.
1 plans must be drawn up on a scale between 1:500 and 1: 2,000 and, in any case, enough so that the boundaries and other graphics can be perceived clearly.
2 graphical symbols and numbering of the plots should be uniform and clear throughout the project. Symbols contrary to those which are common in the usual practice or that they lead to error or whose meaning is not explained properly may not be used.
Chapter III content section 1. Definition of rights Article 85.
1. the owners of farms included in the reparcelable unit, the Administration in its corresponding and, where appropriate, those owners referred to in paragraph 2 of article 71 of this regulation are entitled to the award resulting farms property.
2. the holders of rights in rem which do not become extinct with the subdivision, although not mentioned them in the project, will be awarded in the same concept that were previously, by application of the principle of real subrogation.
3. allotments intending to be done by other than the cited title should be made by separate agreement irrespective of the subdivision.
1. the right of the affected owners will be proportional to the surface of their respective estates that is included in the reparcelable unit.
2 Nevertheless, and except for agreement or expressly, in the case of urban land, the right of the affected owners will be proportional to urban value from the surface of their respective farms.
In this case a concrete value in pesetas or in conventional units that will determine the coefficient for the recognition of rights and award of resulting farms will be assigned to each of the farms.
3. the date for determining entitlement of affected homeowners will be initiating the case of subdivision.
Section 2. Definition, assessment and award of farms resulting from article 87.
For the definition, assessment and award of resulting farms shall apply, first, the criteria explicitly expressed by interested parties, provided that they are not contrary to the law or to the planning or cause prejudice to the public interest or third party.
1. the surface capable of building or private use, in accordance with the scheme running, which should be subject to adjudication, an advantage with objective and general criteria for the reparcelable unit.
2 the assessment shall take into account the following circumstances: to) buildable volume, expressed in square meter/square meters.
(b) use assigned by the plan.
d) characteristics, class, quality and destination of the buildings allowed or foreseen in the plan.
e) extent of urbanization, when you represent a differential data, benefit or burden for certain bidders.
3. the assessment will be based on volume fixed the remaining concepts, each of which will be assigned a coefficient of duly justified.
4. the assessment may be made points or conventional units, but these will have to price in cash, for the purpose of determining the amount of compensation proceeding through differences in adjudication.
5. no weighting or criteria that contradict those set forth in the general plan for the determination of the average utilization may be used.
1. when in the reparcelable unit are covered land built pursuant to the planning, these will not be object for the new award, retaining the primitive properties, without prejudice to the regularization of boundaries when it is needed and the financial compensation that apply.
2 if it's farms that are only partially built, the above rule applies only to the part of estate that is built, and can segregate the surface free.
Grounds that there are not adjusted to planning buildings will be awarded entirely primitive owners, without prejudice to the regularization of boundaries and the relevant compensation, provided that the following circumstances: to) not required its demolition for execution of infrastructure works foreseen in the plan.
(b) they are not destined to radically incompatible with the management applications.
(c) not be decreed its demolition under record of urban development infraction.
(d) that the built-up area is not less than the minimum buildable parcel, unless it is understood in a resulting estate of greater dimensions, which corresponds to the successful tenderer, pursuant to its law.
(e) that the right of the owner in the subdivision not be lower, in more than the 15 by 100, to which corresponds to the plot minimum buildable.
(f) that the use that corresponds to the surface built not exceed in more than the 15 by 100 of the right of the successful tenderer, unless is try of buildings residential inhabited by people that not are the own awarded or your family.
In other cases, not included in the two preceding articles, the buildings in subdivision unit will be not taken into account for purposes of adjudication of the surfaces that are triggered, they will be subject to assessment, enacting their immediate eviction and demolition.
(1. not will be object of new award, retaining is them properties primitive, without prejudice of the regularization of boundaries, when is required and of them compensation economic that come, them farms not built-up, when converge them two following requirements: to) that the difference, in more or in less, between the use that les corresponds as the plan and which would correspond to the owner in proportion to its right in the subdivision is lower to the 15 by 100 of this last.
(b) the owner requests it and justifies within three months of the approval of the delimitation of the polygon or performance unit.
2. both in this so-called as in the of the article 90 of this regulation, those holders that retain their properties primitive will have it consideration of awarded to all them effects derived of the subdivision.
1 They may not awarded as independent surfaces below the minimum buildable plot farms or which fulfil the configuration and characteristics suitable for your building in accordance with planning.
2 surface wedged between two buildings to be maintained may award as buildable independent farm although it does not reach the minimum plot dimensions, provided that the difference does not exceed 15 per 100 of the latter and other determinations of planning are met.
3 If the case that the plan does not determine the minimum buildable plot nor can be inferred from its context, re-plotting project itself will establish it reasonably.
4. when, trying to open construction, the plan does not contain volumes location rules, it will process and approve jointly with the project of subdivision a study of detail which will determine the location of volumes in accordance with the award criteria.
1 when the small claims of rights of some owners do not allow that they are awarded independent farms at all, the resulting solar will be awarded in undivided pro to such owners.
2. this same rule applies in terms of excess, when, for the demands of the allotment, the right of certain owners is not exhausted with the independent adjudication that is made on your behalf.
3. However, if the amount of the rights of the owners does not reach 15 per 100 of the minimum buildable plot, the award may be replaced by compensation in cash. The same rule shall apply where the excess referred to in the previous number does not reach both the percent.
4 except as provided in the preceding paragraph, and permitting requirements of the allotment, the awarding of independent farms, to the greater number of owners, will be preferable to undivided pro award, and the latter the compensation in cash. In the awards pro undivided is will seek also the creation of communities of the minor number possible of comuneros.
1 it will be, provided that consent it demands of the allotment, which awarded farms are located in the nearest possible place to the ancient properties of the same owners.
2. this rule shall not necessarily apply when the ancient properties are located in more than 50 per 100 of its surface, in terrains by the plan for roads, green areas or other uses incompatible with private property.
1. unless it comes tax demands of the existing building, pursuant to articles 89 and 90 of this regulation, shall not be awards that exceed 15 per 100 of the rights of bidders.
2. on the contrary, it will try to adjust allotments always default, seeking, where possible, that this does not exceed 15 per 100 rights expressed.
3 including surface which will stay in surplus, as a result of the provisions of the preceding paragraph, may award undivided pro to all owners with defect of adjudication, in order to eliminate or reduce the amount of compensation for differences in adjudication.
The entire surface which is susceptible of private property, although it is not buildable, according to the plan, must be award in the subdivision agreement.
Section 3. Compensation and settlement article 98 account.
1. plantations, works, buildings and facilities that cannot be stored will be assessed independently of the soil, and its amount will meet holders or owners interested, charged to the project, costs of urbanization.
2 means they can not retain the elements mentioned: when disposal is necessary to carry out development works provided for in the plan, when they are located on a surface that will not be awarded entirely to the same owner and conservation radically incompatible with management, even as interim use.
3. the pricing of these items shall be carried out in re-plotting project itself, pursuant to the rules governing the compulsory purchase.
4. the resulting indemnities shall be compensation in the settlement account provisional, with the amounts that the person concerned is debtor by differences of adjudication or urbanization and project expenses.
The provisions of the preceding article shall also apply to easements and charges, lease rights and any others which, for being incompatible with the execution of the approach, be extinguished with the subdivision agreement.
1. in the provisional settlement of the project account will include compensation that correspond to differences in adjudication which have occurred, so by default, by excess, and what ever the amount, valued at the average price of the resulting lots.
2 will also, as differences in adjudication, the excesses of exploitation that are attributed to certain owners by virtue of the provisions of article 99.3, of the land law and articles 89 and 90 of this regulation.
3. the cost of the urbanization works shall be calculated in accordance with the approved budgets and, failing, by a rough figure, to reasonably established subdivision project itself. This same rule applies to project costs.
4. them expenses of drafting of them projects that rolling the approval initial, although not arrived to get the final, will be considered as expenses of project and due to the set of them owners affected, for your returned to who it anticipated.
5. costs of urbanization and projects shall be distributed pro rata among all the bidders of the resulting farms, according to the value of these.
Chapter IV procedure general section 1. Introduction article 101 1. Land subdivision record will begin: a) by operation of law when the delimitation of the polygon or performance unit is finally adopted.
(b) by express agreement, ex officio or upon request, in the case of approved plans or constraints prior to the entry into force of the law of May 2, 1975. In this agreement you must define reparcelable unit.
2. when land subdivision record is pending joint and simultaneously with the partial plan, special plan of internal reform or detail, or with the delimitation of the polygon or unit of action, means that it begins with the initial approval of the agreement.
3. the initiation of land subdivision record will be published in the «Official Gazette» of the province, in a newspaper of the largest circulation in the province at least, and will be notified individually to the owners included in the polygon and to the foreign land occupied for the execution of general systems that have to enforce their rights in the polygon in question.
1. once started subdividing record, the corresponding Administration must collect nursing, the corresponding property registration, certification of ownership and charges of all farms included in the unit of land subdivision.
2. the Registrar, at the same time issuing the above certifications, extended aside from each expressive note farm of the acting body and date of initiating the case of subdivision.
3. the marginal note expressed in the previous section only will produce the effect that stakeholders who stated their right in the register after she won't have to be mandatorily quoted on the record. However, if they personaren in it, will remain with them successive performances.
1. the owners and holders of rights affected by the subdivision are forced to exhibit them titles that possess and declare them situations legal that know and affect to their farms.
2. the omission, error or falsehood in these statements may not affect the objective result of the subdivision. If is appreciated dolo or neglect serious, may require is the responsibility civil or criminal that corresponds.
3. in the event of a discrepancy between the titles and the physical reality of the farms, will override this those in subdivision record.
4. If the discrepancy is raises in the order of the ownership of those rights, the resolution final corresponds to them courts ordinary. The re-plotting project shall be limited, in such a case, to qualify the ownership of dubious or litigation, as appropriate. The corresponding Administration will assume the representation of the rights and interests of those entitlements for the purposes of processing the file. Costs that are attributable to the concerned title may be made effective by means of enforcement in the event of non-payment.
5. However, boundary issues can be resolved in the own record of land subdivision, if the compliance of stakeholders, accredited by summons or otherwise reliable.
1 initiating the case of subdivision shall entail, without express declaration, the suspension of licensing of allotment and construction in the area of the polygon or performance unit until passing the subdivision agreement is firm administrative.
2 shall be included in suspension all licenses for works of new plant or reform of existing buildings, earthworks, and any others which affect the physical configuration of the farms or can disturb the result of reparcelling in course.
3. the petitioners chosen licensing prior to the initiation of the record shall be entitled to be recovered in the form indicating the articles 27.4, of the soil and 121 of the rules of procedure of planning law.
1. the licenses granted prior to initiating the case can be reviewed and left without effect by the local authority granted them in terms that are determined in this article, as they are incompatible with the execution of planning.
2. If is finds the illegality of the license, is proceed in the form established in them articles 186 and following of the law of the soil.
3. in other cases, when it is deemed that the works authorized by the license can prejudge the outcome of the subdivision or impair the right of the interested third parties, the license, may be left without effect compensation for damages, charge to the project, costs of urbanization.
4. in any case, the cancellation of the license will be done through motivated agreement and after hearing of the interested parties.
Section 2. Conduct and resolution article 106.
1. inside of three months from the initiation of the case, owners who represent two-thirds of the total number of interested owners and 80 by 100 reparcelable surface may be made a project of subdivision, which shall be admitted and processed, even if not complete, provided that it is adjusted to the law and planning and contains When less with sufficient precision, the criteria of definition, assessment and award of resulting farms.
For the computation of these majorities will be account owners of foreign soil to the polygon, occupied for the execution of general systems, who should participate in the subdivision of the polygon, and occupied surfaces to such owners.
2 If the project submitted is incomplete, pursuant to the provisions of article 82 of this regulation, prior to its initial approval, the corresponding Administration granted a term, not exceeding two months, so that stakeholders complete.
1. If recognises the period of three months provided for in the preceding article or if within that period, stakeholders wanted its purpose does not make use of the right which is recognized them in this article, and in any case when not met conditions that are established, the corresponding Administration will agree, without delay, that the project be drawn up ex officio in the same , within a period not exceeding six months.
2 the drafting of the project may be carried out: a) for services of the City Council or corresponding administration.
(b) by a technician entitled higher or specialized company, through any of the forms of hiring admitted by the legislation in force. In such cases the project shall be approved, prior to its initial approval by the corresponding Council meeting or corresponding administration service.
3. in the event that a draft submitted by any interested party unless the conditions laid down in the preceding article deserve the conformity of City Hall or inspecting administration, following a report of the relevant services, can be agreed upon their initial approval and subsequent processing.
1. approved initially a subdivision project, opens a month for public information and hearing of those concerned with personal summons. This procedure must be advertise in the «Official Gazette» of the province, on the Bulletin Board of the City Council, and in a newspaper of the province of stream broadcasting in the town.
2. the judgment in this procedure may not be obstacle to be supported from resources that will stand against the final resolution of the case, but under no circumstances can justify the feedback of the performances.
1 completed the previous procedure, the competent services of the City Council or corresponding Administration will issue a report on the allegations, in a period not exceeding one month.
2. If, pursuant to this report, and as a result of the allegations submitted, any grinding project, will be hearing stakeholders affected by the corrections proposed for a period of fifteen days.
3. when as consequence of allegations presented and the report of services, the competent authority to approve definitively reparcelling agreed to modify the project in terms that materially affect its general content or most of those affected, will be necessary to repeat the procedure of hearing all stakeholders on the record, during the period of one month.
1 over the pending report and, where appropriate, the contradictory claim, provided for in the preceding article, be approved definitively the re-plotting project.
2 approval may occur: to) simply.
(b) with amendments that express themselves clearly and are definitely incorporated in the project.
3. when the draft had been submitted by stakeholders, the denial or approval with corrections shall be motivated.
4. the refusal of the transacted project will force the Administration to approve another, within a period not exceeding three months.
1. the final resolution falling will be notified to all concerned and posted in the same manner provided for in article 108 of this regulation for the processing of public information.
2. a copy of the resolution relapse will be sent to the Commission Provincial of urbanism, if not is it same which has adopted the agreement.
1. the agreement approval of the subdivision will be challengeable in via administrative, in all its aspects.
2. in contentious will only be challengeable by vices of absolute nullity of the procedure or to determine the compensation that if appropriate.
3. in cases of nullity, the Court is limited to ordering the feedback of the actions at the appropriate time.
4. in the other, and whenever the Court appreciated the existence of prejudice to the appellant, shall set appropriate compensation and subjects who have to meet it, without affecting the effectiveness of the relapsed subdivision agreement, regarding the definition of ownership of resulting farms.
Section 3. Formalization and registration article 113.
1 firm administrative once final approval of the subdivision agreement, the body that has adopted it so notify all stakeholders and will proceed to grant deed or to issue document with solemnities and requirements ready for the proceedings of its agreements with the following content: to) description of old properties, according to the provided titles , with the corrections coming, and in default of titles, according to plans. Is expressed the loads and liens, conditions, substitutions and other rights that the affect; the respective owner, if outside known; the amount of their entitlement in reparcelling and the criterion used to define it and quantify it.
When participating in the subdivision land outside the estate owners, will be also described farms that were occupied them.
(b) description of farms resulting, including, where appropriate, that apply to the Administration awarded from 10 per 100 average achievement, holders who are awarded and concept that may be it.
It will be expressed with respect to each farm the old with corresponding or right that gives rise to the award; as well as charges and liens, conditions, substitutions and other rights that affect them as not being incompatible with the planning.
(c) location of the grounds of compulsory transfer and reservations that establish the plan.
(d) the amount of the balance of the settlement account provisional that is taxed each allotted farms.
2. the deed or the administrative document referred to in number 1 of this article, formalized by a notary, shall be entered in the registry of property.
3. the complementary legal operations that are case, who does not oppose the project of subdividing or to plan that runs, will be approved by the acting planning body, which will proceed to extend document referred to in number 1 of this article, the requirements and solemnities are protocolize notary or grant deed. One or other document shall be entered in the registry of property.
The inscription of the subdivision agreement shall be as follows: to) recordable sheets corresponding to old farms reparceladas with extinguishment of all rights inconsistent with the execution of the planning will be cancelled. Farms that correspond with each other resulting will be express indication of the new registration sheet that opens to the correlative resulting estate. In the same way will cancel registration sheets corresponding to the estates occupied for the execution of the General systems when their owners were awarded in the reparcelada unit.
(b) opens new registration sheet to each and every one of the awarded, even resulting farms which are in favour of the municipal heritage of soil or affected to any public service.
(c) in the inscription of the resulting properties that correspond to others previously registered will be express indication of the registration sheet cancelled by effect of the subdivision.
(d) in the other seat of first registration shall be.
((e) shall set forth the charges and levies that exist or are established on the resulting properties and other circumstances which may affect the registered title, in accordance with the mortgage legislation and, in any case, the amount of the balance of liquidation, the purposes prevented in article 100, 1, c), the law of the land.
Chapter V procedures abbreviated section 1. Voluntary redistribution article 115.
1. the proposed subdivision, made by the owners affected and formalized in writing, will be subjected to public information for fifteen days and informed by the corresponding municipal services.
2 when falls the final adoption any new formalization, sufficing for the registration in the land registry, with the presentation of quoted writing and certification of approval agreement shall not be required.
Section 2. Simply economical re-parcelling article 116.
When in application of the provisions of the articles 125,2, of the law of the land and 74 of this regulation, reparcelling must limit its effects to the determination of compensation alternative coming among those affected, the following rules shall apply: a) the documentation of the project shall be reduced to the expressed in paragraphs to), b) and e) and flat f.1 f.2 and f.3 of the article 82 of this regulation.
(b) the hearing will be fifteen days.
(c) the agreement of final approval will be challengeable before the contentious, in the ordinary form and without any limitations.
(d) the agreement will be formalized and protocolize similarly to the prevented in articles 113 and 114 of the rules of procedure, but not including the description of the affected farms.
((e) the Registrar of the property shall be limited to cancel the marginal notes has extended, pursuant to article 102 of this regulation, and take reason for the amount of the account balances of provisional liquidation which has been assigned to the holders of registered farms for the purposes prevented in article 100, 1, c), the law of the land.
Section 3. Standardization of article 117 farms.
1. the procedure regulated in this section shall apply provided that the redistribution of the benefits and burdens of management between the affected owners is not necessary, but it is necessary to regularize the physical configuration of the farms to adapt it to the requirements of the planning.
2 you can remember at any time, ex officio or at the request of an interested party.
3. in all matters not provided for expressly in this section, the general reparcelling procedural rules, insofar as they are applicable shall be taken into account.
1. the standardization can make is by apples full or part of them.
2. is limited to defining the new boundaries of the affected farms, in accordance with the planning, provided that it does not affect the value of them, than to 15 per 100, nor to the existing buildings.
3. the percentage of excess or defect that may represent the modification of boundaries shall be determined by the urban value of farms.
4 if it detects a difference greater than 15 per 100 of the value of the resulting farms, it will Decree conversion actions in a general procedure of land subdivision.
5. the differences not superior to the 15 by 100 is offset in metallic, with arrangement to the value urban half of them farms affected.
(1. the project of standardization of farms shall contain the following documents: to) memory supporting.
(b) relationship of owners and interested affected.
(c) flat plot of information, to scale 1 / 500.
(d) level of farms standard, to the same scale.
(e) account of compensation economic, when appropriate.
2. to the project must accompany is the appropriate certifications registry of ownership and loads and, in case of farms not inmatriculadas, the testimony of them titles supporting of the respective entitlements.
1 if standardization is agreed upon request, accompanied by the corresponding project, City Council will publish the agreement in the manner provided in article 108 of this regulation and will view and hearing others interested acquaintances, for fifteen days.
2. in all other cases, the Council shall be the same publication and will require stakeholders to submit a project, not exceeding two months, elapsed time which will have the drafting of trade in another equal term.
3. of the project presented, or drawn up ex officio, will be sight and hearing stakeholder, for fifteen days, and after this period will be report of the corresponding services, by other fifteen days.
1 approved the standards, the agreement is protocolize notary and be sent ex officio to the land registry for its timely decision of reason.
2. the Registrar shall be limited to consign the new physical configuration of registered farms, without that seat that is practiced must affect in any other form the existing entitlements.
3. the remedies against the normalization agreement procedure shall be that provided for in article 112 of this regulation.
Chapter VI effects section 1. Effects juridico-reales article 122.
1. the subdivision agreement will produce, by itself, subrogation, with full real effectiveness, of the old by the new plots, provided that is clearly established correspondence between.
2. When is operate the subrogation real, them entitlements existing on them old farms will be concerned, without solution of continuity, to them correlative farms resulting awarded, in its same State and conditions, without prejudice of the extinction of them rights and loads that are incompatible with the planning.
3. when there is an exact correspondence between awarded farms and old ones, the agreement will constitute a title of original acquisition in favour of bidders and they will receive full ownership of those, free of any charge arising not from the agreement itself.
4. this same rule applies in the case of undivided pro awards or substantial conditions of primitive ownership change.
1. in cases of real subrogation, if any duties or charges which may be incompatible with planning, subdivision agreement must declare it as well and set appropriate compensation, without prejudice to what once resolved the ordinary courts in this regard.
2. in such cases, the Registrar shall be limited to certify it in the appropriate seat and those interested may attend the competent court for the purposes prevented in article 101, 3, the law of the land.
3. where in the case of farms which do not operate the principle of real subrogation, the extinction of fees and charges will occur by virtue of the agreement of land subdivision.
1 administrative channels of the subdivision agreement firmly determined the transfer of right to the municipality that is acting, on the domain and free of charge, of all the lands that are mandatory assignment, according to the Plan, for incorporation into the municipal heritage of soil or their involvement to the uses provided for in the same.
2. the land plan intended for the municipal public domain will be affected to the same without further formalities.
With respect to fees and charges that must be extinguished and plantations, artworks, buildings, facilities and improvements that need to be destroyed, the subdivision agreement will have the same effect as the certificate of occupation for expropriation purposes.
1. the farms resulting will be affected, with character real, to the payment of the balance of the has of liquidation of the project of subdivision approved that to every an is you assign.
2. this condition will be preferential to any another and to all them mortgages and loads previous, except to them credits in favour of the State to is concerns the number 1 of the article 1,923 of the code Civil and to them others credits tax in favour of the State, that are expired and not satisfied and is have made consist in the record before practice is the condition to the present article is refers.
3. the condition will be cancelled at the request of an interested party, to which accompany is certification of the acting body expressive account of final settlement concerning the farm concerned be paid.
In all case the condition will expire and must be cancelled to them two years of have is made record the balance of the liquidation final, and if not constare, to them seven years of have is extended the note of condition. The cancellation is practiced to instance of part interested or of trade to the practice is any other seat or issue is certification relative to the finca affected.
Section 2. Effects economic article 127.
1. headings covering the settlement account for each stakeholder will be compensated when they are of different sign, being enforceable only the resulting balances.
2 the project settlement account balances shall be provisional and to good account, up to approval of the final liquidation of the subdivision. Errors and omissions that will warn, as well as the corrections that may be coming, shall be taken into account in the final settlement, but not to suspend the enforceability of interim balances approved the project.
3. the balances due by the successful tenderers may offset with the cession of land, prior agreement with the interested parties, in accordance with article 122.2 of the land law.
4. for all purposes means that subdividing balances are liquid and payable debt between each of the interested parties and the corresponding administration. In the event of non-payment, proceed the way of urgency.
5 when the circumstances warrant, administration may agree to deferments or subdivisions payment deemed from, provided that no other General or peremptory rules prevent it.
1. the liquidation final of the subdivision will have place when is concluded it urbanization of it unit reparcelable and, in all case, before take five years from the agreement passing of the subdivision.
2 it will only have economic effects and it will not affect the real ownership of the land.
3 the final liquidation shall take into account: to) loads and cost apportionment among the bidders of resulting farms, which have occurred subsequent to the subdivision agreement.
(b) errors and omissions that have warned after the agreement.
(c) the corrections imposed by administrative or judicial decisions subsequent to it.
4. If, subsequent to the final settlement, any new administrative or judicial resolutions with effect on the economic interests of those affected, the execution thereof shall occur in a new and different record.
The final liquidation shall be drawn up by the inspecting administration and shall be communicated, posted, processed and approved in the same way as the re-plotting project.
In accordance with article 102 of the law of the land, all covered reparcelling acts that meet the requirements laid down in this Regulation shall be exempted permanently from the General tax on capital transfers and documented legal acts and not will be considered broadcasting for the purposes of levying the tax on the increase in the value of the land. When the value of land plots allocated to an owner exceed that proportion corresponds to the grounds provided by the same, are flipped from settlements in terms of excess.
Title IV appraisals chapter first provisions common article 131.
The valuations of land shall be made in any case pursuant to the criteria established in the law of the soil.
The valuations of land shall be made taking into account only initial and urban values.
When values taken as basis of the tax payment of corresponding transmission are greater than the declared title referred to in article 109 of the land law, shall be taken into account those, be either the date of the title.
Provided that the value assigned to a plot in which the owner has paid some urbanization works, not opposed to existing plans at the time of executing them, is less than the sum of the initial value and of the proportion of the actual value of the works, it will be completed to cover the amount of both summands.
The fair price of estates taxed with loads, when the participation of the holders of the competing rights of the domain in the economic content of those come determined strictly by the rules to which referred to in number 1 of article 111 of the law of the land, shall be valued separately each of those, to distribute it to interested parties.
If the valuation takes place altogether, once consigned the fair price in the power of the Court, any of the holders of rights in the expropriated estate can urge in such judicial distribution of the fair price between stakeholders.
Estimations are understood to be concerned: to) when it is applied the compulsory purchase, at the moment of initiating the case of individualized fair price or exposure to the public of the proposed expropriation when the procedure of joint appraisal.
(b) in the case redistribution and compensation, at the time of the initial approval project of subdivision or the submission of the proposed compensation to the hearing process prior to their approval.
1. the value of the plantations, works, buildings and facilities that exist in the soil shall be determined in accordance with the criteria of the law on compulsory expropriation.
2. when the value of the items listed in the preceding paragraph would have been weighted in the estimation of the gross return for purposes of the determination of the initial value or in the fixing of the urbanistic value, its amount will not increase the value of the property.
((3. in the determination of the compensation locatives is used them criteria estimates of the article 43 of the law of expropriation forced and is will have in has them following circumstances: to) in leases rustic: to) character of activity economic main of the tenant.
(b) difficulty of substitution of such activity.
(c) amount of the benefit of the cultivator set in the calculation of the performance gross.
(d) value of those elements mechanical own of the lease used in the exploitation.
(e) have the tenant his address usual in the property leased.
(B) in leases urban:
(a) difficulty of substitution of the lease under similar conditions and especially the derivative of the income gap.
(b) the amount of the costs of transfers by ports, new contracts, licenses, etc.
(c) the value of the improvements made in the property when his perception corresponds to the lessee.
1. the evaluations shall remain in force for ten years.
2. when circumstances beyond speculation and real have noticeable variations in the market of land or in the general economic situation, the appraisals, ex officio or at the request of any affected owner will be revised.
(3. is considered as factors of base for the review of them ratings, in addition to the index general weighted of prices to the by greater published by the Institute national of statistics, them following: to) alteration of them costs of production and prices of them products weighted in the determination of the value initial.
(b) alteration of the costs of construction or increase exceeding 15 per 100 in the determining elements that serve as a basis for the determination of the urban value.
Chapter II baseline article 139.
Classified as non-developable land is tasarán according to the initial value.
1 the initial value of a property or unit of cultivation, for the purposes of the law of the land shall be determined: to) by the gross yield that correspond you rustic farm or that is naturally susceptible.
(b) by its average value on sale for the purposes of his agricultural holding.
In no case may take into consideration values or returns which have direct or indirect relationship with the possible urban land use.
2. in rustic performance the agricultural, forestry, cattle breeder, the hunting and any other such estimate included.
3. between the returns that a farm is naturally susceptible, can estimate the results of transformations that can be operated with normal media, both mechanical and technical or capital, existing for the development of agrarian and leading exploitation to the optimization of the fertility of the Earth, but not the hypothetically resulting from an alleged application of means extraordinary.
4 cultivation units directly operated by the owners is set to, in addition, the award condition that must be attributed in the case of compulsory purchase.
The gross yield or land rent, to determine the initial value of a property or unit of crop will be which is obtained to the deduct from gross product value means real or potential of the previous five years, the amounts corresponding to direct or indirect costs of exploitation over the benefits of cultivator or income of the entrepreneur. The figure thus obtained will be capitalized to the legal interest rate on the money.
The average value for sale, purposes or according to their exploitation, agriculture, livestock, hunting, mining, or any other similar, shall be determined taking into account the prices of similar properties by their circumstances of gross performance, location and size.
1. when the value initial to is arrive by application of them criteria earlier is lower to which recorded in valuations cadastral, indexes municipal u others estimates public approved, will prevail it more high of which converge on the ground.
(2. to them effects of the number above, is considered of application only the following estimates public: to) the value cadastral of the soil, designated in the contribution territorial.
(b) the returns filed for the purposes of a general tax on successions and transfers and documented legal acts, two years earlier, as a minimum, at the time of the assessment.
(c) the indices municipal for the purposes of the tax on increase of the value of the land.
(d) any other made depending on them exploitation set forth in the paragraph 2 of the article 104 of the law of the soil.
Chapter III value urban article 144.
The land classified as urban or developable land in all categories is tasarán according to the urbanistic value. The appraisals will be limit the initial value, which will prevail over urban planning when it was this lower.
The urban land value will be determined for the purposes of the urban territorial contribution, provided that the following requirements: to) use and volume conditions considered for the determination of the basic value of the soil in the aforementioned contribution corresponding to the existing town planning at the time of setting the assessment, for which purpose will be requested from the respective tax office the proposals and agreements formulated comprehensive certification.
(b) from the date of the tax assessment not has passed the period of five years referred to in article 26 of the revised text of the urban territorial contribution.
When values for the purpose of the urban contribution has not been determined or after having been established they had changed the circumstances of urban planning or when the five year period indicated in the previous article has elapsed, taking advantage to take into account to determine the urban value shall be as follows: to) in non-programmed urbanizable and suitable for urban development , the use that is of the use and intensity of occupation of the land, determined in the plan general or in them standards subsidiaries and complementary of the planning.
(b) in the land scheduled, taking advantage of the sector, after having deduced, in his case, excess on half of all programmed urbanizable exploitation.
(c) in urban land, the use allowed by the plan or, where appropriate, the medium resulting exploitation of reparcelling or compensation in the polygon or unit of action concerned, and in the absence of the plan, taking advantage of three cubic metres per square meter, referred to any use.
The individual value of each parcel may increase or decrease in a 15 per 100 maximum, applying to that obtained pursuant to the provisions of the two preceding articles, the weightings that correspond to the circumstances of location, degree of urbanization and intrinsic characteristics of those in terms that set out the following items.
For the purposes of the preceding article, shall include as influence of the existing urban services, except forecast other than planning, the 100 metres measured from the current alignment of the road networks in the moment of executing the works of urbanization. Outside these limits existing urban services must not be weighted to the effects of the degree of urbanization.
It is considered that a plot has a degree of normal development when it meets the following characteristics: to) with driveways and sidewalks paved streets.
(b) provision of water between 50 and 100 cubic meters per hectare per day, with distribution of water service at foot of plot.
(c) sewage network with service at foot of plot.
(d) low-voltage electricity distribution network with service at foot of plot.
(e) network of public lighting in the streets.
They may estimate as factors of the urban land value increase, up to the maximum percentages that are designated, the following circumstances: to) supply of water more than 100 cubic meters per hectare per day, 2 per 100.
(b) wastewater treatment plant connected to the sewage network, 100 6.
(c) installation of gas, 2 per 100.
d) installation of phone, 1 per 100.
(e) installation of thermal power plant and distribution network, 3 by 100.
(f) Gardening ornamental in vials and spaces free, 1 by 100.
(Is may consider as factors of decrease of the value urban of them land, until them percentages maximum that is designated, the following circumstances: to) needs of earthworks lower to it normal in the network road, 1.50 by 100.
(b) shortcomings in the walkways paved in the streets, 2 by 100.
(c) shortcomings in the sidewalks paved, 3.5 per 100.
(d) staffing of water bottom to 50 meters cubic per hectare and day, 1 by 100.
(e) shortcomings in the network of distribution of water, 1 by 100.
(f) deficiencies in the network for sanitation, 2 by 100.
(g) deficiencies in the network of lighting public, 1.50 per 100.
(h) deficiencies in the low-voltage electricity distribution network, 2.5 per 100.
Title V chapter first actuation systems determination of the system article 152.
1 execution of polygons or performance units will be made by any of the following systems of action: to) compensation.
2 will be preferential actuation systems of compensation and cooperation, except where reasons of duly substantiated urgency or necessity require the application of the system of expropriation.
3. system of performance will be determined in the plan or urban action program and, failing that, to delimit the polygon or performance unit.
To determine the system's performance for each of the polygons or performance units, must demonstrate their viability according to needs, financial means with which count management, collaboration of private initiative and other circumstances that are in each polygon.
If the plan or programme of urban action contains neither the delimitation of the polygons and the determination of the system, this will be in the same procedure of delimitation of those.
1. the system established in the plan or programme of urban action or fixed to delimit the polygon or performance unit may be replaced, ex officio or at the request of the interested parties, subject, however, to the same procedures as those laid down in this regulation for the delimitation of polygons.
2 If the system is set out in the plan or programme of urban action must be analysed the impact of the change of system in economic and financial analysis.
The application of the system of expropriation as a substitute for the of compensation for breach of the obligations of compensation Board or the sole proprietor, shall be determined by the Administration, prior record that indicated the causes of non-compliance and are hearing to the Board or the sole proprietor.
Chapter II section 1 compensation system. Provisions general article 157.
1. the compensation system aims to the management and execution of urbanization of a polygon or unit of action by the owners of the soil within its perimeter, with solidarity of benefits and burdens.
2 land owners within a polygon or performance unit by compensation system, and the foreign soil to the polygon occupied for the execution of general systems, who should participate in the polygon or unit of that case, must be constituted in compensation Board for the implementation of the system.
3 is excepted from the requirement of the previous number the assumption that all lands belong to a single owner. If all the land belong to an undivided pro community, this shall be regarded as sole proprietor for the purposes of the compensation system, if there were no opposition from any of the co-owners.
In another case, it is necessary, to apply the system, become Board of compensation, in accordance with the General rules, meaning that the requirement of the percentage of surface will be accomplished when concur 60 per 100 of interest in the undivided pro shares. In the same way be when appear discrepancies among the co-owners in the course of the implementation of the system for the implementation of the plan.
1. when the compensation system set out in the plan for a given polygon or performance unit come and they transcurriesen three months from final approval unless the owners representing at least 60 by 100 of the surface of those submitted the draft statutes and bases for action, in the terms provided for in section 3 of this chapter the corresponding urban administration will require all affected owners to submit them within the period of three months. The draft statutes and the bases of action will have to be formulated by owners who represent at least the indicated proportion of the total area of the polygon or performance unit.
2 If, however requirement, the owners do not submit documents expressed, the corresponding administration shall replace the clearing system by some of those provided for in this regulation for the implementation of the plans, following the procedures established in article 155.
1. when the system of compensation not is determined in the plan, the application of application of said system is made in the procedure of delimitation of the polygon.
2. the request must go subscribed by owners that represent unless the 60 by 100 of it surface of the polygon or unit of performance, and is moved by notification personal or individualized to the rest of them owners, with right to form part of it Board of compensation, granting them a term not lower to fifteen days so can formulate them allegations that to its right agree.
For the computation of the percentage expressed the surfaces occupied for general systems to foreign soil to the owners, who have to enforce their rights in the same, shall be taken into account.
3. them allegations focus on the computer of the surface of them land of them applicants, the legality of their titles of property or on any other cause that could prevent the mandatory application of the system.
4. received the allegations is will give audience in term of others fifteen days to the applicant initial. The administration acting agreed the application of the system if is justified the ownership of the surface required.
1. Notwithstanding provisions of the previous article, the holders of land whose surface does not represent the 60 by 100 or more polygon or performance unit may also encourage the application of the compensation system in the process of delimitation of the polygon.
2. the inspecting Administration will process to the request under the terms of the previous article.
3 processed the request and analyzed the claims of all those who appear on the record, management will determine the application of the system of compensation when the period of allegations had joined the owners request for land whose surface, together with the of the petitioners, more than 60 per 100 of the total of the polygon or performance unit.
Section 2. Constitution of the Board item 161.
1. the Constitution of the Board of compensation procedure will begin through the corresponding administration agreement whereby be approved initially and be subject to public information statutes and bases for action projects.
2 the drafting of statutes and the bases of action will be up to interested owners who meet the percentage of surface which gives rise to the application of the system of compensation.
3. the agreement of approval initial, with them projects of statutes and of bases of action, is published in the «Bulletin official» of the province and is shall notify also individually to all them owners affected by the system of performance, in whose notification is will make mention of the «Bulletin official» in which is insert the alluded agreement. They will be owners affected much of the ground covered by the polygon or unit's performance as the soil intended for general systems that have to enforce their law in said estate or performance unit.
1. for a period of fifteen days from the notification, owners may formulate to the corresponding Administration allegations that suit to their rights and, where appropriate, request their incorporation to the Board.
2. also claims may be made by those who are not affected owners, the period of fifteen days from the publication in the "Official Gazette" of the province.
3 after deadlines for claims referred to in the previous numbers, the corresponding Administration definitely approve the statutes and the bases of action with modifications which, if any, applicable and shall appoint its representative in the governing body of the Board.
4. the agreement of final approval will be published in the «Official Gazette» of the province, expressing, if any, changes in the statutes or on the basis of performance. Also will be notified individually with that same content owners indicated in number 3 of the preceding article and to those who have appeared on the record.
5. in the notification of the agreement's final approval will be required to those owners affected, in terms of the number 3 of the preceding article, and have not requested its incorporation to the Board, so that they perform, if they wish, in the period of one month from the notification, with the caveat of expropriation referred to in article 127 1, the law of the land. This process will not take place when all of the owners have been applied initially or in the planned procedure in number 1 of this article its incorporation to the Board.
1 after the time limits referred to in the preceding article, the corresponding Administration will require stakeholders so that they constitute the Board of compensation, by means of public deed which will designate the positions of the governing body, which must necessarily lie with individuals.
2. the Board shall be integrated by owners that they have accepted the system, by holding public entities of goods included in the polygon or performance unit, already have character demanial land or assets, and, where appropriate, by field enterprises incorporated.
3. also have the right to be part of the Compensation Board owners of land earmarked for general systems, when they have become effective rights in the Polygon object's performance by this system.
4. in the articles of incorporation must contain:
(a) ratio of owners and, where appropriate, field enterprises.
(b) relationship of the farms which are holders.
(c) persons who have been designated to fill the offices of the governing body.
5. the owners or stakeholders that do not grant writing may allow its incorporation in deed of accession, within the time limit indicated for that purpose.
6. copy authorized of the writing and of the accessions, in his case, is moved to the organ urban acting, who will adopt, if comes, agreement passing in term of thirty days.
7 approved the Constitution, acting organ rise the agreement together with the authorized copy of the deed to the Provincial delegation of the Ministry of public works and urbanism for its registration in the register of collaborating planning institutions.
8. Once registered the Board of compensation, the delegation of the Ministry of public works and urbanism will notify its President.
Of incidents that occur on the Board of compensation, such as appointments to the governing body modification, incorporation of companies, developers and any others that affect the composition of the Board or of its governing bodies, will be transfer the registration of urban entities through the corresponding administration.
Article 165 1. At any time you can join Compensation Board developers companies that participate with owners in urban management of the polygon or performance unit.
2. If the incorporation took place after set up the Board, it must be carried out in accordance with the provisions of the statutes, and if these do not contain determination enough in this regard, will be required modification, following the same procedure as for the approval of its statutes.
Section 3. Statutes and bases for action article 166.
The statutes of the compensation boards shall contain at least the following circumstances: to) name, address for service, the object and purpose.
(b) urban body under whose tutelage is acting.
(c) an expression of the polygon or unit of action constituting its object.
(e) conditions or requirements to incorporate is to the Board, that not may be more burdensome for some owners that for others. Them co-own of a finca or right will have of designate a single person for the exercise of their powers as member of the Board, responding jointly and severally front she of few obligations arise of his condition. If he was not appointed representative within the period indicated to the effect, he will appoint him acting organ.
When them farms belong to minor or people that have limited its capacity of work, will be represented in the Board of compensation by who holds the representation legal of them same.
(f) conditions or requirements to incorporate is to the Board companies developers if expressly is provided the possibility of its participation. These will be represented by a single person.
(g) bodies of Government and administration, way to designate them and powers of each of them.
(h) requirements of the call of the organs of Government, and management, requirements and the adoption of agreements, minimum quorum and way way to compute the votes, with expression of cases that are proportional to the right or economic interest of each Member and those of others that the vote be individualized.
(i) rights and obligations of its members.
(j) economic means and rules for the levying of contributions that could be agreed with both ordinary or extraordinary character.
(k) an expression of the resources that are coming against agreements of the Board in accordance with the law.
(l) ruling on its dissolution and liquidation.
(1. the bases of performance will contain them determinations following: to) criteria for rating them farms contributed, that may be different of them established for the subdivision in it law of the soil, when so is agreed by unanimity.
(b) criteria for the evaluation of real rights on farms, land easements and personal rights which could be constituted on the basis of them.
(c) criteria for the evaluation of buildings, works, plantations and facilities that must demolish it or demolish it.
(d) criteria for assessing the contributions of urban enterprises.
(e) procedure for the execution of works in development and, where appropriate, buildings.
(f) criteria for the evaluation of the resulting properties depending on the polygon or performance unit recycling.
(g) rules for the allocation of farms to the members of the Board in proportion to the assets or rights provided, expressing the award criteria in community, if appropriate.
(h) cases of breach of the obligations of the members of the Compensation Board which will lead to the expropriation of its property or rights.
(i) rules for rating the properties that are built when this empowered Board to build and the basis of the sale price to third parties.
(j) form and time limits in which land owners or other rights holders have to make contributions to the Board, either in cash, either in land or in industry, in your case.
(k) rules for the distribution of benefits and losses.
(l) assumptions of cash differences of awarding compensation.
(m) time that could build on plots provided or awarded by the Board, by the owners or by field enterprises, without prejudice to the application to the municipality in whose territory the action is made.
(n) is a levy of conservation quotas, if appropriate, until the dissolution of the Board.
2. the bases of action may contain also additional determinations that are considered appropriate for the proper execution of the system and infrastructure works, even pointing out the minimum technical characteristics which should be collected in the urban development projects that are worded.
Section 4. Effects of the Constitution of the Board of compensation article 168.
1 set up the Compensation Board, all areas covered by the polygon or performance unit will be directly affected the fulfilment of the obligations inherent in the system.
2. the land owned by those who have not joined the Board will be expropriated, attributing to it the character of beneficiary of expropriation.
This same rule be observed with regard to the entitlements of owners who have the right to take part in the Board of compensation according to article 163 article 2 of this regulation and do not accept the system.
1. in compliance with the provisions of article 129 of the law of the land, the condition of the land covered by a polygon or unity of action to comply with the obligations inherent to the system of compensation shall be recorded by a marginal note in the registry of property.
2 Note that will be extended at the request of the Board of compensation, with contribution of administrative certification have been constituted the Board compensation and if the property included in the polygon or performance unit.
3. the note will produce the same effects which marks article 102 of this regulation for which in this precept are arranged in the procedure of land subdivision.
Instruments that have been granted for the transfer of the domain of the property in favour of the Board or for groups of estates referred to in the preceding article shall set forth the public domain goods that might exist in the polygon or performance unit, expressing its surface and situation.
Transmissions of land that occur as a result of the establishment of the Compensation Board for contribution from the owners of the polygon or performance unit, where it thus had the statutes or under compulsory purchase, and leases of plots carried out in favor of the owners members of these boards and in proportion to the lands incorporated by those exempt on a permanent basis, General property transfer tax and the of stamp, and will not have the consideration of transmissions of domain for the purposes of levying the tax on the increase in the value of the land. When the value of land plots allocated to an owner exceed that proportion corresponds to the grounds provided by the same, are flipped from settlements in terms of excess.
Section 5. Compensation article 172 project.
International criteria on the basis of performance, the Board will make an offset project that will contain the following determinations: to) description of old properties, according to the submitted titles, from corrections, and, in the absence of titles, according to plans. Express charges and liens, conditions, substitutions and other rights that affect them; the respective owner, if it was known, the amount of their right in the compensation project, and the criterion used to define it and quantify it.
When participating in the offset project owners from foreign soil to the polygon, described farms that were occupied them.
(b) description of farms resulting, including, where appropriate, which correspond to the Administration awarded from 10 per 100 average achievement, holders who are awarded and concept that may be it. Will be expressed with respect to each farm the old with the corresponding or right that gives rise to the award; as well as charges and liens, conditions, substitutions and other rights that affect them, as not being incompatible with the planning.
(c) location of the grounds of compulsory transfer and reservations that establish the plan.
(d) surfaces or plots that the Board book, in your case, to sell them directly, in order to cover the expected costs of urbanization.
(e) compensation in cash, if they were coming because of differences in the awards.
In the case of sole proprietorship, the compensation project will be limited to express the location of the grounds of compulsory assignment and reserves established the plan, as well as the location of the building plots, with pointing of those in which the 10 is situated by 100 of the exploitation that corresponds to the corresponding administration.
1. the compensation project will undergo, after hearing of all those affected by a month, Board approval, the corresponding agreement must adopt by a majority of its members that in turn represent two-thirds of the participation fees. The project thus transacted will rise to the final approval of the corresponding administration.
2. in the case of sole proprietorship, it will be up to this the formulation of the draft compensation and its elevation to the corresponding Administration for approval, if appropriate.
3. once finally adopted the compensation project, the acting administrative organ shall grant deed or issue document with solemnities and requirements ready for the proceedings of its agreements with the content expressed in article 113, 1 of this regulation.
4. the final approval of the project of compensation made by the acting organ produces the same legal effects as the final adoption of the subdivision project. The registration of the agreement in the land registry will take effect in accordance with the provisions of article 114 of the rules of procedure.
5. the complementary legal operations that the case, which is not contrary to the offset project or to plan that runs, once approved by the planning authority, formalized by compensation Board in public deed or document issued by acting planning organ, with requirements and solemnities of the proceedings of their agreements that it protocolize notary. In both cases shall be its inscription in the registry of property.
Section 6. Execution of the works of urbanization article 175.
1. them projects of urbanization that have of write is for the execution of them works is will make by custom of the administration acting or of the Board of compensation.
2. the payment of these projects shall be responsible, in any case, Compensation Board as development expenditure.
3. it administration acting will have powers to monitor the execution of them works and facilities. If any work or installation, or part of she, not is implements of conformity with the project, the Administration may order the demolition of it work or the rising of them facilities and it new execution with charge to it Board of compensation, who, to its time, may impact on the contractor, if comes.
1 the urbanization works running in the polygon or unit of action by the clearing system shall be borne by the Board.
2. the contract for the execution of the works will be held by the Board of compensation with the company or companies that are determined under agreement with the governing bodies of that.
3 execution of the works contract shall set forth, in addition to the clauses which constitute its typical content, the following circumstances: to) the commitment of the manufacturer perform the works in full accordance with the duly approved development projects.
(b) the obligation of the company to facilitate the Inspector action of the corresponding administration.
(c) those cases of non-compliance that may give rise to the termination of the contract, as well as allowances that apply for failure to comply with the specifications of the works or the execution times.
(d) the retention which, each partial payment to account, has made the Board, in guarantee of the proper execution of the works. These deductions will not be returned until there has been definitely work.
(e) the mode and deadlines for manure by the Board of amounts to has depending on the work performed.
4. If compensation Board had joined some developer company that provides, wholly or partly, the funds necessary for the soil, the of the work will be implemented directly by that undertaking if the bases would have it so intended, in which case ensure the fulfilment of conditions required in the previous issue.
1. to cope with urbanization expenditures, the Board may order, through its sale of land that had been reserved for this purpose in the offset project.
2. the compensation boards may conclude loans mortgage of farms belonging to the owners members of those to carry out development works. If titles are emitieren, will be fulfilled to the incorporation of the mortgage guarantee of the transmissible by endorsement or to the carrier, in the 154 articles and concordant of the mortgage law.
3. to perform the acts referred to in the two previous numbers, it will be necessary the Compensation Board full agreement, unless the Constitution of liens and alienation record planned in the statutes as competition of their governing bodies, in which case means that they act on behalf of that, without express agreement.
4. in any case, and even when it has not been provided in the statutes, the Compensation Board, through their governing bodies, may make available to those who run the developer work surfaces on which will execute the works and those others that are necessary to deal with during its making, unless it means loss of the rights of the owners in the outcome of the compensation.
1. resulting farms of the definitive agreement of compensation will be taxed, with real character, to the payment of the amount corresponding to each estate, in the budget forecast of the costs of urbanization of the polygon or unity of action to which it relates, in his day to the final balance of the account of these costs.
2. this condition will have the same preference and duration as indicated in article 126 of this regulation for the account of the compensation procedure, and be able to cancel upon request also interested in application which accompany Board certification of compensation be paid fully the costs of urbanization the farm concerned , certification that the Board may not issue until have not been received works by acting organ.
Section 7. Transfer of land and urban development article 179.
1. the agreement of approval of the project of compensation will produce the assignment of right to the administration acting, in full domain and free of loads, of all them land that are of assignment compulsory and free according to the plan, for its incorporation to the heritage municipal of the soil or its involvement to them uses planned in the same.
2. Notwithstanding provisions in the previous issue, the Board compensation and the company having in charge the execution of infrastructure works can occupy to this end land subject to assignment until completed such works are received by the corresponding administration.
1. the transfer of the infrastructure works and facilities and endowments whose execution is envisaged in the management plan and applicable project shall be carried out by the Board of compensation in favour of the corresponding administration within a period not exceeding three months, counted from the final acceptance by the Board.
2. the transfer referred to in the previous number may refer to any part of the unit of action even if not completed the urbanization of this territorial scope, provided that the already urbanized area constitute a functional unit directly usable and final acceptance by the Board of compensation has occurred with respect to the same.
3. transfers of works, installations and equipment referred to in this article shall be formalised in proceedings that will sign the corresponding administration and Compensation Board.
Section 8. Responsibility of the Board of compensation and its article 181 members.
1. the non-observance by the members of the Board of compensation of obligations and charges imposed by law and which are developed in this regulation, even where the breach relates to deadlines to fulfil such duties and charges, will enable the inspecting Administration to expropriate their respective rights in favor of the Compensation Board, which will have the status of beneficiary.
2 where the breach consists in the refusal or delay in the payment of amounts owed to the Board this can choose between acting Administration request the application of expropriation moroso member or interest of the debt collection by way of enforcement.
The amounts received by applying this procedure will be handed by the inspecting Administration to compensation Board.
3 You may not encouraged any of the procedures referred to in the previous number, up to a month since the requirement of payment for the Compensation Board.
4. the payment of amounts owed to the Board, with the interest and surcharges which may be applicable, made at any time prior to the lifting of the Act of occupation, will result in the cancellation of the expropriation dossier.
5. the procedure of expropriation shall be laid down in this regulation for isolated actions.
1. the Board of compensation be directly responsible against the acting administration of the complete urbanization of the polygon or unity of action and, where appropriate, the construction of the resulting lots, when so any set, and the other obligations arising from the plan of management, bases of action or of this regulation.
2. with regard to the obligation of urbanize, it responsibility will be enforceable both in what affect to them features technical of it work of estate executed as to them deadlines in that this due end is and deliver is to it administration.
1. when in the exercise of their powers the Board of compensation incurred in violations that have of qualify is of serious according to it provisions in the law, with independence of it sanction economic that corresponds, it administration may desist of run the plan by the system of compensation and apply the of cooperation, imposing, in its case, it subdivision or impose the system of expropriation.
2. in any case the Compensation Board may affect the amount of the fines imposed on it, as a result of the responsibilities that would have incurred, to those of its members which intervene directly in the Commission of the offence or have received the benefit derived from it.
3. for make effective the impact of them fines on them members of the Board of compensation responsible of them acts or agreements sanctioned, may request is of the administration it levy by it via of apremio.
Section 9. Challenge of the agreements of the Board of compensation article 184.
Compensation Board agreements, stakeholders may be brought against appeal to the corresponding administration, within fifteen days, without prejudice to the internal character which, where appropriate, provide for the by-laws.
The members of the Board may not promote injunctions retain and regain possession against Compensation Board resolutions, adopted under the fiduciary powers of disposal over those farms and in accordance with the bylaws established procedure. Nor shall the action when compensation Board occupy goods that are necessary for the execution of infrastructure works, in accordance with the plan that runs interdictal.
Chapter III section 1 cooperation system. Provisions general article 186.
1. in the system of cooperation, polygon or performance unit owners provide the soil of compulsory transfer and administration runs the urbanization works.
2. the costs of construction will be in charge of the affected owners. The Administration, owner of 10 per 100 of average use, will participate in these costs in that proportion.
3. the application of the system of cooperation requires the redistribution of the land covered by the polygon or performance unit, unless this is unnecessary in accordance with the provisions of this regulation.
4. not may grant is licensing of building until is firm in via administrative the agreement approval of the subdivision of the polygon or unit of action, when that is from.
1. when the urban development works are carried out by contract, shall apply preferential job system.
2 If the corresponding Administration would have created an urban society with capital belonging to the same or participates in a joint venture with equal purpose, the execution of works may carry out such companies or societies, without the formality of tender, either that was the economic level of the work of urbanization.
1. the costs of urbanization will be distributed among the owners in proportion to the value of farms are awarded to them in the subdivision.
2 when the subdivision is unnecessary, costs of urbanization will be distributed among the owners in proportion to the use of their respective farms.
3 in the course of the previous issue, the agreement of the administration which is declared unnecessary reparcelling will produce the following effects: to) transfer of right to the municipality that is acting on the domain and free of charge from all areas of transfer required for incorporation into the heritage of the soil or their involvement in accordance with the uses provided for in the plan.
(b) real involvement from the farms to the fulfillment of the loads and payment of the expenses inherent to the system of cooperation.
1. the advance payment of amounts on account of the costs of urbanization, by the amount corresponding to the investments to be carried out within six months, must be within the period of one month from the request which is formulated by the corresponding administration.
2. within this period, the Administration may proceed to the levy of fees by way of enforcement.
1. the Administration may grant subdivisions or deferment of the payment of the costs of urbanization at the request of the interested parties.
2. the postponement granted may not exceed five years and the beneficiary shall provide guarantee sufficient in the opinion of the administration.
3. the delays in the payment of dues shall accrue in favour of the Administration annually the basic rate of the Bank of Spain.
4. owners applying for license to build before the total completion of infrastructure works may not obtain postponement or fractionation of their quotas.
Section 2. Administrative cooperation article 191 associations.
1. in the system of cooperation, the owners of farms of a polygon or performance unit may constitute administrative associations with the purpose of collaborating in the execution of infrastructure works.
2. administrative cooperation associations be formed on the initiative of the owners or of the corresponding administration.
1. administrative cooperation partnerships will be formed by property owners that join them within a polygon or performance unit. An association membership will be voluntary but not may be constituted more than one in each polygon or performance unit.
2. the regulations or statutes that have to govern the Association shall be subject to the approval of the corresponding administration. Agreed, where appropriate, approval, shall be entered in the register of urban entities collaborating.
3. owners in association will choose from among them a President, who will have the representation of all and through which the relationship with the corresponding Administration will be established.
4 administrative cooperation association agreements shall be adopted by majority of those present, exercising personal vote always.
Functions of the administrative cooperation associations are as follows: to) suggestions to the Administration concerning the implementation of the plan in the polygon or unit of action concerned.
(b) assist the Administration with the supervision of the execution of the works and go to her denouncing the shortcomings that are observed and proposing measures for the correct development of the works.
(c) collaborate with the Administration for the collection of quotas of urbanization.
(d) examine the investment quotas of estate whose payment has been anticipated, making timely repairs to the corresponding administration.
(e) to manage the granting of tax benefits that apply.
(f) with the corresponding administration promote ventures for the execution of infrastructure works in the polygon or performance unit.
Chapter IV section 1 expropriation system. Provisions general article 194.
The compulsory expropriation for reason of urbanism will be adopted for the fulfillment of any of these purposes: to) for the implementation of the General systems or any of its elements or to carry out actions in urban land.
(b) for the urbanization of polygons or units of action complete, through the application of the system of expropriation for the execution of the plan in question.
Failure to comply with the burdens and obligations of the owners in the systems of compensation and cooperation, in the cases envisaged in this regulation, may give rise to the application of the compulsory purchase, in the terms established in the same.
1. in all case it valuation of them goods and rights expropriated is will make according to the criteria established in the law of the soil and their standards regulatory.
2 when the bounded surface there is public property and the fate of the same as planning is different from which motivated their involvement or affiliation to the General-purpose or public services, follow the procedure laid down in the law of heritage of the State or, where appropriate, in the legislation of local regime.
3. the way rural that is are covered in the surface delimited is understand of property municipal, except test in contrary. With regard to the way urban that disappear, is understand transmitted of full right to the body expropriating and Mediterrenean by them new that are of the planning.
Section 2. The expropriation forced for the execution of those systems General and for performances isolated in soil urban article 197.
1. the compulsory purchase for the acquisition of land and other property or rights, in order to execute the General systems or any of its elements, shall be governed by the procedure of the law on compulsory expropriation.
To this end, organ expropriating or, where applicable, the beneficiary of expropriation, formulate owners relate to description of the goods and rights affected in accordance with the precepts of the law on compulsory expropriation and shall submit it to public information for period of fifteen days, to the effects and consequences of article 17 of the law itself. After the processing of public information, and prior analysis of the claims and corrections coming, the corresponding administration approve the relationship, following procedures with those who appear on it as holders of property or rights.
2. the provisions of the previous number shall also apply to expropriations required for actions in urban land.
1. the cost of expropriations when they relate to goods and rights whose deprivation and temporary occupation are necessary for the implementation of the General systems or any of its elements or to carry out actions in urban land can be echoed on owners resulting especially benefited by the urban action, through the imposition of special taxes.
2. the special contributions will be processed by the procedure established in the legislation of local regime, with the specialties contained in article 198 of the land law.
Section 3. The expropriation article 199 system procedure.
1. the execution of the Plan by the system of expropriation in a polygon or unit of performance determined will require that it administration acting, besides proceed to the delimitation of its field territorial, formule, according to it planned in the legislation of expropriation forced, a relationship of them owners existing in said field, with the description of them goods and rights affected.
2. for the determination of property owners or holders of rights in a polygon of expropriation for the purposes of the designated relationship in the previous issue, it will be to be public records.
3. the delimitation agreement and the relation to which refer to the two previous numbers shall be subject to public information for period of fifteen days.
4. in the light of the allegations made by the interested parties, prior and the relevant checks, will be resolved on the final adoption of the delimitation.
5. If subsequent to the approval of the delimitation is it shown in legal form the ownership of an asset or right corresponding to person different from the figurative in the record, subsequent proceedings, are understood to be with her unless actions are retrotraigan neither give place to the nullity of the proceedings.
1 once delimited a polygon of expropriation, they may not rise constructions on its surface or modify existing ones.
2. However, in exceptional and specific circumstances, the expropriating body may expressly authorize any or some works, whose approval you will notice to the municipality for the purpose of the timely licensing, where the municipal administration is not the expropiante.
1. in the system of expropriation, the expropiante can choose between follow expropriation individually for each farm or the joint appraisal procedures applied.
2 optare by expropriation individualized for each property included in the polygon or performance unit, the procedure of the law on compulsory expropriation, but the assessment criteria will be those set forth in the land law and regulations that develop it.
3 If the urban body optare by the joint valuation procedure, follow the procedure regulated in the following articles: Article 202.
1 when the joint valuation procedure, expropriating Administration will form the record of expropriation, which shall contain at least the following documents: to) determination of the estate, according to the delimitation already approved, with documents identifying him as to location, surface and boundaries, accompanied by a map at 1: 50,000 scale of the term municipal and a plot drawing to scale 1:2000 to 1:5 000.
(b) price fixing with reasoned the ground, according to its urban rating classification.
(c) individualized fair price of each property sheets, which contain not only the value of the soil, but also the corresponding to the buildings, works, plants and plantations.
(d) leaf fair price corresponding to other claims for compensation.
2. the project of expropriation with the designated documents will be exposed to the public by term of one month, so that those who may be interested to formulate observations and claims that may deem appropriate, in particular in regard to ownership or assessment of their respective rights.
3. the public information shall be carried out by the insertion of advertisements in the «Official Gazette», in the respective provincial and a newspaper with the largest circulation in the province.
4. in addition, appraisals shall be notified individually to them appearing as holders of property or rights on the record, through moving literal corresponding leaf of appreciation and the proposal for fixation of the assessment criteria, so that they can formulate allegations within the period of one month, from the date of notification.
5. when the expropriating authority is not the City Council, you will hear this for equal term of one month. Audience to the municipal administration period may coincide in whole or part with the stakeholders.
6 reported the allegations, will record to the approval of the Provincial Commission of urban planning.
7 approving resolution of record will be notified interested holders of property and rights contained therein, giving them a period of twenty days during which can state in writing before the Provincial Planning Commission their disagreement with the assessment established in approved record.
8. the Commission Provincial of urbanism will record transfer and appreciation leaf contested the provincial jury of compulsory expropriation that has jurisdiction within the territorial scope which the expropriation relates, for the purpose of fixing the fair price, which, in any case, will be in accordance with the assessment criteria set out in the land law.
9 If interested if not any opposition to the valuation quoted within twenty days, shall be accepted which is fixed in passing record Act, meaning given the fair price definitely and in accordance.
1. the resolution of the Commission Provincial of urbanism will involve the Declaration of emergency of the occupation of them goods and rights affected.
2. the payment or deposit of the amount of the valuation established by the Provincial Commission of urbanism in the Act of approval of action will produce the expected effects on the numbers 6, 7 and 8 of article 52 of the law on compulsory expropriation, without prejudice that may continue pending resources with respect to the fixation of the fair price.
Errors not reported and justified in the public information period specified in paragraph 2 of article 202 does not give rise to invalidity or replacement of performances, retaining, however, concerned the right to be compensated in a way that corresponds.
Section 4. Payment of the justiprecio article 205.
1 arrived the time of payment of the fair price, will only proceed to make it effective, consigning otherwise, those interested that provide certification registry on their behalf stating have spread the note of article 32 of mortgage regulation or, failing that, provide supporting their right titles, completed by negative of the property registry certifications relating to the same property described in such titles. If there are loads, must also appear the same holders.
2. when there are pronouncements registration contrary to reality, the fair price to whom it have rectified or distorted by any of the means listed in the mortgage legislation or act of notoriety processed in accordance with article 209 of the Notarial regulation may be paid.
1 if the expropriated would not accept the fair price or do not provide sufficient supporting titles of the domain or there is contention concerning the ownership of the property or right expropriated or, in general, if concurriere some of the assumptions of article 51 of the rules of procedure of compulsory purchase, the administration shall indicate the amount in the General deposit box.
2. the form of appropriation and them effects, as well as the Faculty of the expropriated of perceive it amount until the limit in that has conformity, without prejudice of continue them claims initiated, is governed by them precepts of the law of expropriation forced and its regulation.
1. pay the fair price, both in the expropriations by application of the system of this name in the individualized, be held in cash or good according to the expropriated, by Exchange with other parcels of the beneficiary of the expropriation.
2. for performances urban of promotion public in new polygons for the creation of soil urbanized, the payment of the justiprecio of them goods and rights expropriated is may make by it administration expropriating, whenever there is conformity of them expropriated, with plots resulting of the own performance.
1. the agreement of them managed for the payment in plots resulting from the urbanization will require offering by written of the Administration to request, also by written, of the particular expropriated.
2. in both cases the particular or management respectively, shall notify the other party the decision within fifteen days from the date of the offer or request.
3 accepted payment through the delivery of plots resulting from urbanization, the corresponding Administration will lift Act that made stated the circumstances of the initial farm and the value assigned in passing the fair price agreement.
4 completed the urbanization, will proceed to the expropriation payment by delivery of the new farm by a value equal to the recorded in the minutes.
5. the expropriating administration shall grant the respective public deed in favour of the expropriated, without this end requires no approval or authorization, where appropriate, organs of the administration of the State.
6. no payment for the fair price in the way that is regulated in this article without prior request of the expropriated shall be made.
7. the property adjudicated in payment of the expropriated will be delivered free of charge.
8. the expropriated, if not in accordance with the valuation of the estate that is offered in payment of the expropriated, without prejudice that will win you, can go to the Provincial jury of compulsory expropriation to be set the same. If the resolution were favorable to the request of the expropriated, the Administration will compensate the difference in cash.
Section 5. Taking of possession article 209.
1. a time effected the payment or appropriation is may lift an or more records of occupation e sign, as an or several farms registry, it all or part of the surface object of its performance, without is required the prior registration of all and each an of them farms expropriated. The fact that some of these farms were not inmatriculada shall not prevent so that you can directly practice that registration. Apart from the registration of the grouped farms, and effects of transfer, will extend the timely note.
2 will it be inscribable title the Act or acts of occupation accompanied by certificates of payment or proof of consignment of the fair price of all occupied farms, which will be described under the mortgage law. That title, as well as which are necessary to practice the inscriptions referred to in the following article must be accompanied, where appropriate, of the respective planes, one of whose copies will be filed in the registry.
3. If to proceed to registration were doubts based on whether within the occupied surface exist any registry estate not taken into account in the expropriation dossier, without prejudice to proceed with the registration, will be such circumstances, for the purposes of the following article in the knowledge of the expropriating body.
1 complete the expropriation dossier, and raised once the Act or acts of occupation with the requirements laid down in the general legislation of compulsory purchase, means that the Administration has acquired, free of charges, the farm or farms included in the record.
2. the Administration will be kept in the possession of the estates, once registered their right, without that fit exercise no real or interdictal action against the same.
3. If subsequent to the completion of the record, once lifted the occupation Act and registered farms or rights on behalf of the Administration, aparecieren third parties not taken into account in the record, these shall remain and may exercise all personal actions could correspond to them to perceive the fair price or expropriatory allowances and discuss the amount.
4. on the assumption that once fully record aparecieren farms or previously registered rights not taken into account, the expropriating administration, of its own motion or at the request of the interested party or his own Registrar, request this to practice the corresponding cancellation. Such properties or rights holders must be compensated by expropriating administration, which will formulate a supplementary record with corresponding appreciation leaves, processed according to the procedure that has been followed for the rest of the farms, notwithstanding that such holders can exercise any action that might correspond to them.
5. If the fair price has been paid to who appear in the record as a registered holder, the action of third parties not may contact against expropriating if they not appeared during the proceedings, in time.
Section 6. Article 211 administrative concessions.
The State, local authorities and special urban entities may execute management plans through administrative concession, where the system performance is that of expropriation.
1. the grant will be awarded through competition that will be dealt with according to the applicable procurement due to the corresponding administration procedure.
(2. them bases of the contest for the award fixed them rights and obligations of the dealer, of the Administration and of third, and, as minimum, will understand them following ends: to) Plan whose execution is grant and polygon or unit of action that affects.
(b) works and facilities that the dealer must execute, expressing which has of deliver to it administration and which not is transferred to this.
(c) works and installations of the administration whose use temporary is delivery to the dealer.
(d) term of execution of the works and, in its case, of exploitation of them services public in the area to urbanize, without this last can exceed of thirty years, unless by the law regulatory of the service of that is try is established others determinations.
(e) the respective situation of administration and the licensee during the term of the concession for the exploitation of the services, with the introduction of the powers of surveillance that correspond to the first.
(f) determination of them factors to have in has for the fixing of the prices of sale of them solar resulting; reserves for buildings and services public, healthcare and social; reservations for housing of protection official and for transfer of land in regime of right of surface, and, in its case, rates to apply by the exploitation of them services granted, with decomposition of their factors for them so-called of review.
(g) class, amount, terms and form of delivery of them works executed by the dealer, as well as of them shares in metal or in land buildable that correspond to the Administration awarding.
(h) Canon of concession, that may consist in the delivery to the administration of a participation in them benefits of the dealer, well is in metal or in land building or built.
(i) duties of conservation until his surrender, and maintenance and conservation of the services until the termination of the concession term.
(j) relationship between the dealer and the owners of land in the area of implementation of the Plan and between that and the purchasers of buildable, until executes completely the Plan in the given area.
(k) penalties for non-compliance and delays.
(l) cases of resolution and aging and its consequences.
(m) guarantee of the concession held by the licensee, which may not be less than 3 per 100 of the total amount of the construction works, according to the Financial Plan to run economic study.
(n) other circumstances that are deducted from the general legislation of the State and the local government, contracts whose precepts shall apply as default and the regulatory procedure.
Title VI implementation of the programmes of urban action chapter first provisions general article 213.
Urban action programmes are designed management and urbanization of land classified as land not programmed in the general Plan, not that they are applicable to other type or category of soil.
1. the urban action programmes will have to conform to specifications and quantities referred to in the general Plan.
2. in all case, shall comply with the forecasts of the Plan general with regard to the endowments, services and equipment that affect to the field territorial of the program.
3. any urban action program may alter applications provided in the Business Plan or admit declared incompatible applications by the same. They may not establish those others that are incompatible with the overall urban structure of the territory.
Chapter II proceedings preparatory article 215.
1. the local authorities, ex officio or at the request of a party, may agree to the incorporation of all or part of the non-programmed urbanizable urbanization process through the formulation of one or more programs of urban action.
2. the agreement referred to in the previous number shall be adopted with the quorum of two thirds of members in fact, that represent the absolute majority of which legally must compose the Corporation.
3. also may adopt the decision to is concerns the number 1 of this article the entities urban special in your field territorial.
4. the same Faculty will correspond to the communities, groups and consortia that intervene any local authority, when among their aims the urban are included and are in charge of the management and implementation of plans or programmes.
1. the agreement referred to in the preceding article shall determine if the formulation of the urban action program must be carried out directly by the entity that has adopted him or the call for the corresponding contest.
2. in the course of formulation of the programme of urban action by the Administration, the execution may, in turn, carried out directly or calling a contest exclusively for this purpose.
3 If the formulation of the programme of urban action and high quality service offered by competition, the execution shall be, in any case, who was awarded the same.
1. When is Act to instance of part, them requests of formulation of programs of action urban must present is before it entity local or urban special competent, by written in which is justifies it need or convenience of the urbanization of the soil not scheduled, the type and character of the unit urban and their possible locations.
2. If the Administration considers less to process such request should, be put it to public information by a month, by the insertion of advertisement in the «Official Gazette» of the respective province and in a newspaper with the largest circulation in the province.
3. in the ad is will make record them areas that is have considered, in principle, suitable for the location of the performances.
4. during the period designated in the number 2 of this article is may formulate allegations founded in defective appreciation of the classification, of the soil, lack of justification of them performances by disagreement with it prevented in the plan general or inadequacy of the areas designated for it performance alleged.
5. elapsed the term of information, the entity local or urban special competent will reject or will accept the request and, in this last case, agreed it from with regard to formulation and execution of the program of performance urban, of conformity with them options indicated in the article previous.
1. in accordance with the forecasts of the general plan, they may be formulated and programmes urban action, upon request, without a prior call for competition, in the case of the urbanization of land classified as land not programmed, intended for installation of relevant production activities or of special importance, as well as for the formation of industrial estates.
2. the application may submit in the local Corporation in whose territory it intends to carry out the action or, if appropriate, in the urban special entity acting.
3. in the case referred to in this article, will be mandatory agreement of the Council of Ministers, which shall take the form of Royal Decree, on a proposal from the Minister of public works and urbanism and the competent by virtue of the matter. The proposal will be formulated following a report from the Corporation or local governments affected, the Central Commission of urbanism and opinion of the Council of State.
4 in the Royal Decree, agreed in Council of Ministers, will be determined: to) the public entity or private, natural or legal person who directly awarded the formulation and implementation of the programme of urban action.
(b) the obligations to be met by the successful bidder, which, as a minimum, shall be those laid down in article 146, number 3, the law of the land.
Chapter III training and approval article 219.
1 order the formulation and implementation of the programme of urban action through competition, drafted the corresponding bases, which shall contain the following determinations: to) the areas suitable for the location of the performances.
(b) the magnitude of the developable surfaces.
(c) the minimum requirements of planning in relation to determinations and criteria which has established the general Plan.
(d) General applications to that goes the action, establishing, if appropriate, a zoning scheme or the quantitative distribution of those.
(e) the obligation of bidders to build a percentage of building in certain periods.
(f) the maximum prices of sale or rental of the buildings, if it is estimated from.
(g) the guarantees required to meet both the training programme and its execution, distinguishing ones and others.
(h) the penalties that apply in the event of non-compliance.
(i) other circumstances that set each performance.
2 obligations that should assume bidders, in the implementation of the programmes of urban action, will be established also in the contest and shall relate to the following aspects: to) free transfer to the local authority or, where appropriate, to the competent special planning of land earmarked for roads, parks and public gardens and other services and facilities of general interest (((, with the scope laid down in articles 12, 1, b), and 13, 2, b) and (c)), the law of the land, or amount if so acting urban body will determine it.
(b) construction of road network comprehensive area of action and networks of supply of water and electricity, sanitation, lighting and other services, where appropriate, provide for.
(c) construction of the necessary connections, on the outside of the area, between the networks referred to in the previous number and General of the territory.
(d) forecasting and execution of equipment appropriate to the size and purpose of the action. For residential use, consist of at least the creation of public green spaces, including the planting of trees and landscaping in them and in vials, if it includes, and the construction of educational, social and commercial centers.
((e) free transfer of 10 per 100 of average use established for the territory or area to which it relates the action with its corresponding ground, once discounted cessions pursuant to) this number. This assignment may be replaced, if so constare in the agreement approval of them bases, by them greater obligations that establish the entity acting.
(f) any other obligations that it entity local or urban special provides depending on the destination of the performance or of the relationship between she and the soil urban or developable scheduled, although such obligations had of meet is out of the field territorial concrete to affect it unit that is programe.
(3. concerning the obligations of planning to charge of them awarded, them bases established them following: to) accompany to it offer a progress of planning.
(b) present in the term established the program of urban action and also the partial Plan that will develop them, if it has to run in a single stage, or the first of the partial plans, if it includes the execution in various stages.
(c) complete planning deadlines that are designated or, failing that, on the basis of the program of urban action, drawing up and presenting the corresponding partial plans and development projects, as well as documents relating to the subdivision where relevant.
(d) include building programs.
1 prepared bases, the special local or urban entity that has prepared them grant initial approval, subjecting them to public information for within one month, by insertion of advertisement in the «Official Gazette» of the province or provinces which affects the performance. Also the announcement must be published at least in one of the newspapers with the largest circulation in the province or provinces affected.
2 after the deadline designated or in number 1 of this article, the guiding bases of the contest will be provisionally approved with corrections that they proceed, and will add up to the Minister of public works and urbanism, if they affect provincial capitals or towns of more than 50,000 inhabitants, and the Provincial Planning Commission, in all other cases.
3. in the term and with the conditions laid down in article 41, numbers 2 and 3, the law of the land, the Minister of public works and urbanism or the Provincial Commission of urbanism should dictate the resolution that corresponds to the final approval of the bases.
1 approved the bases, convened to prepare the corresponding competition, with a minimum term of two months and a maximum of four for the presentation of offers and advance planning.
2. the contestants, in their offers, will improve the conditions established in the bases, both in the technical aspects and the economic, stating, reasonably, which consist of those improvements.
3. the award of the contest will occur within a period of four months, from the date of the opening of proposals. The agreement for the award of the competition will determine the system applicable, if it has not been established on the bases. In the same agreement is approve the progress of planning, with the modifications that, in his case, proceeded.
4. the award of the contest is grant by the same entity that it convened.
1. the successful tenderer of the contest will present, in the term established in the bases, the corresponding program of action urban, in accordance with the advance of planning approved.
2. the rules of competition and procedure for the processing and approval of them programs of action urban will be the established for them plans partial.
3. them entities local or urban special only may deny it approval initial or interim of the program of action urban when not is adjustment to them requirements contained in them bases or to the determinations of the Plan general. They may suspend the procedure until is completed the record if it fails any of the mandatory documents indicated in the bases.
4. the lack of presentation of the programme within the time limit set in the rules will lead to the resolution of the situation constituted.
1. the formulation of the urban action directly by the acting Government program shall be to the same rules of competition and procedures for processing and approval than in the case of a call for competition.
2. also the same rules of competence and procedure shall apply in the case of the exceptional case provided for in paragraph 2 of article 149 of the law of the land.
Chapter IV implementation of the programmes of urban action article 224.
1. the determinations of urban action programmes will be developed through the formulation of the corresponding partial plans, whose approval shall be simultaneous to those.
In any case, they will be processed and be jointly adopted the program of urban action and the partial Plan the first stage or, where appropriate, the only stage that is planned in the program.
2. the execution of the partial plans shall comply with the system that has been established. Them awarded, in all case, is obligated to meet the obligations that, not finding is specified in the bases, are consequence of the system applicable.
3. in the implementation of the General systems that affect the links with the rest of the municipality or municipalities in which the action is situated, you can use the expropriation regardless of the system that has been established for the implementation of the programme of urban action in its own territory.
1. the inspecting Administration will have the precise powers to monitor and inspect the works of urbanization and, where appropriate, buildings, as well as to oversee the accounting of the successful tenderers in the cases of the bases to establish maximum prices for sale of land or buildings or rent them.
2. the opposition of the successful bidder to exercise such powers of the Administration may claim as a serious breach of their obligations, with the effects specified in this regulation article 227, 1. In any case the resistance will be sanctioned economically, without prejudice to the other powers of the administration.
1. the adoption of a programme of urban action will involve the Declaration of public utility and the need of occupation for the purposes of compulsory purchase, not only from the territorial scope for which was formulated, but also of the land required to link the area with the corresponding elements of the General systems abroad.
2. to the expropriatory actions, when necessary, follow the procedure laid down in the land law and this regulation.
1 non-compliance by tenderers of the obligations in the implementation of the programmes of urban action will result in the expiration of the program in relation to the portion of execution, without prejudice to penalties which may be applicable.
2. However, if the breach of obligations was described as slight, the successful tenderer may continue execution if their observance is guaranteed enough, according to the corresponding administration.
3 local or urban entities special, when the relationship established with the successful tenderer of a urban action program is resolved, can agree on direct execution for the party that has been pending or convene new contest to award what subtract by executing the program. In this contest are not accepted offers to program elsewhere in the territory.
4. the administrative entity that held the competition will take the execution as an alternative in case of failure of the successful bidder, charging you the expenses that occur. The amount of these expenses will be payable by way of enforcement.
5. when failure consisted in the perception of greater than those listed in databases of soil or building prices, shall be fine that appropriate, regardless of passing guilt to the courts of Justice, and without prejudice to both return to purchasers of the cashed unduly or excessively.