The sixth final provision of the recast text of the Law on Soil Regime and Urban Planning, approved by Royal Decree thousand three hundred and forty-six/thousand nine hundred and seventy-six, of nine April, states that the Government will dictate by Decree, at the proposal of the Minister of Housing, at the present time of Public Works and Urbanism and after the opinion of the Council of State, the General Regulation or, where appropriate, the partial regulations that it deems appropriate for the development and implementation of the Law.

In the implementation of this mandate the precepts of the Law have been developed that refer to the urban management, following the order established by the legal text.

This Regulation consists of six titles, and in the fourth the issue of valuations is developed, even if by express compliance with the Pacts of the Moncloa it can be affected fundamentally by the corresponding Law in the project; but until it is approved, it is necessary to regulate a topic as important as the one of valuations, in order to be able to properly apply the provisions of the Law of the Soil, since it is essential in this matter the development regulatory.

In its virtue, on the proposal of the Minister of Public Works and Urbanism, in accordance with the opinion of the State Council, and after deliberation of the Council of Ministers at its meeting of twenty-five of August of a thousand nine hundred Seventy-eight,

DISPONGO:

Single item.

The Urban Management Regulations for the Development and Implementation of the Law on Soil Regime and Urban Planning are approved, the text of which is inserted below.

Given in Palma de Mallorca to twenty-five in August of a thousand nine hundred and seventy-eight.

JOHN CARLOS

The Minister of Public Works and Urbanism,

JOAQUIN GARRIGUES WALKER

URBAN MANAGEMENT REGULATION

TITLE FIRST

General provisions

CHAPTER FIRST

Subject and management modes

Section 1. General principles

Article 1.

1. The execution of the urban planning corresponds, within their respective spheres of action, to the State Administration, to the local entities, to the special urban entities and to the individuals.

2. Urban administrations will, as far as possible, raise the private initiative and replace it when it does not meet the necessary objectives, with the compensation provided by the Law.

Article 2

1. The implementation of the Planning Plans by the State shall be carried out through the Ministry of Public Works and Urbanism and its Management Centres, Autonomous Bodies and Public Enterprises entrusted with such a mission.

2. Both these implementing acts and those carried out by other ministerial departments, autonomous bodies or public undertakings attached to them shall be carried out in accordance with the forecasts and in the time indicated in the planning. corresponding.

Article 3.

1. It is specifically for the State Administration to manage the national level planning and the territorial coordination plans, without prejudice to the transfer of its powers to other territorial entities by means of decentralisation, deconcentration or other arrangements for the assignment of functions recognised by the applicable law.

2. In the execution of municipal or inter-municipal level planning, the State Administration shall provide technical and financial assistance to local authorities, shall be subrogated in the exercise of local powers in the cases provided for by the Law of Soil, and shall carry out the works and facilities of services which are of its competence with the characters and within the prescribed time limits, unless such performance has been transferred to the corporations interested in the modalities provided for in the the previous number.

Article 4.

1. For the implementation of the plans, the State Administration may constitute special urban entities or create specific bodies, in each case complying with the requirements laid down by the law in force.

2. It may also, for the purposes of cooperating in the execution by the local authorities, constitute with them consortia or companies.

Article 5.

corresponds to the local entities, individually or in association with each other, the execution of the municipal and inter-municipal plans and the realization, in the title of their own competence or by entrustment of the State, of works and services intended for higher-character planning.

Article 6.

1. The Provincial Deputies and the Island Councils may participate in the elaboration of the territorial coordination plans and in the execution of works and services provided for in them, when the territorial scope of the same affects to all or part of the respective provincial or island territory.

2. In the development of municipal urban areas, it is up to the Provincial Diputations to provide technical and financial assistance to the municipalities through their cooperation activities. They may also be subrogated in the exercise of the municipal powers in the cases and with the procedure laid down in the Law of Soil.

Article 7.

1. The town councils will be able to assume urban management through their ordinary governing bodies or to constitute Gerences with this object. For the development of actions established in the planning, they may also set up special management bodies, public foundations for services, Societies, or use the other management arrangements provided for in the Services Regulation. local corporations.

2. They may also communicate with other municipalities, and the State may arrange for the compulsory grouping of the same in the cases determined in the Local Regime Law.

3. For the development of activities of interest to its population, and which are not of its exclusive competence, they may constitute Consorcias with Entities of different order or nature.

Article 8.

1. Individuals, individually or grouped in collaborative urban entities, will assume the powers and duties conferred upon them by the Law of Soil and planning in order to execute this Law.

2. Collaborative urban entities may also carry out conservation and management tasks for the residential units created and for goods and services that are part of their equipment.

3. The State Administration will encourage private initiative in the implementation of plans and citizen participation in all phases of urban planning management.

Section 2. Urban communities and clusters

Article 9.

1. The Provincial Deputies will be able to participate in Mancomunidades constituted by Ayunquas de su province to cooperate in the development of municipal and provincial urban areas in certain areas subject to elaboration or execution of the planning.

2. The Provincial Members shall promote the constitution, the organs and the corresponding procedure of Mancomunes or, where appropriate, of forced groupings of municipalities.

Article 10.

1. The Urban and Urban Pools can have as their object:

(a) Any or some of the purposes referred to in Article 21 (2) of this Regulation.

b) Elaboration and implementation of inter-municipal planning.

c) The execution or conservation of urban works and the development of complementary services in areas or polygons belonging to more than one municipal term, when new urban centres are established.

2. The integrated municipalities may, with the agreement of the Commonwealth governing body, transfer the ownership or the mere exercise of urban or complementary activities to the same.

3. Under the same conditions, municipalities integrated into a forcible grouping may transfer to this function not included in the initial object of the pool.

Article 11.

1. The Mancommunities or Urban Groups may agree, prior to the formalities laid down in their special arrangements, the imposition of fees and special contributions provided for in local legislation, when they establish services or carry out works that legitimize such imposition.

2. The integrated municipalities may delegate to the Commonwealth or Grouping, once agreed upon by those, the imposition of taxes of an urban nature, the settlement and collection thereof.

3. In addition to the provisions of local legislation, the costs of urban management of the Commonwealth or Grouping may be covered by:

(a) Participation in municipal taxes that are related to the competencies of the integrated councils that have been assumed by the Commonwealth or Grouping.

(b) Grants which, in the form of cooperation to municipal services, agree on the relevant Provincial Diputación.

(c) Grants that the State Administration agrees to in accordance with the provisions of Article 193 of the Soil Law.

Section 3. Urban consortia

Article 12.

1. Public administrations may be eligible for the development of their own purposes for the management and implementation of urban planning activities.

2. The Consorcios may be incorporated in particular, prior to the agreement on the bases to govern their performance.

3. Both the agreement referred to in the preceding number and the other acts necessary for the final establishment of the Consortium shall require:

a) That the activity whose development is addressed in common is within the sphere of capacity of the consort subjects.

b) That each of these subjects complies with the requirements that the applicable law establishes as necessary to be contractually obligated and to have funds from his or her property.

Article 13.

Urbanistic consortia can have one or more of the following purposes:

a) Develop studies and do urban development work for specific areas, zones, or polygons.

b) Tackling the formation and implementation of partial or special plans and urban development programmes.

c) Unify tasks of management of urban development of areas or polygons, even if it is not directly assumed functions of execution of the planning, collaborating with the administration or urban administrations that are competent by reason of the matter or territory.

d) Performing urban infrastructure works.

e) Create or manage supplemental housing services.

f) To take care of the conservation of new developments, managing in a unified way the competences or duties of the members of the Consortium.

Article 14.

1. Urban consortia shall carry out their activities in their own name or on behalf of the conformed subjects, in accordance with the provisions laid down in their constitution.

2. The Consorcised Authorities may entrust to the Consortium any other activities the exercise of which does not have the character of non-transferable, in accordance with the law in each applicable case.

3. In no case can the Consortium be delegated the power to establish taxes, but if it can be entrusted with the unified collection of those that tax the soil or its use, in this case it can resort to the route of the award.

4. The consorcated entities cannot delegate to the Consortium the expropriation power, although they can entrust the management of the expropriations that they agree.

5. Where the Consortium establishes services that are susceptible to individualised use, it may impose and collect the corresponding consideration.

Section 4. Urban management

Article 15.

1. The Central, Local and Institutional Administrations may be used for the best development of the urban competences entrusted to them by the system.

2. The urban management system shall carry with it an organic differentiation, functional or both at the same time, with respect to the general organisation and functions of the public entity that constitutes it.

3. Urban management may consist of an organ of an individual or collegiate nature or an entity with its own personality and heritage.

4. In the creation of Management, the forecasts established in each case shall be observed by the law peculiar to the Entity or Entities that agree to its constitution.

Article 16.

1. The management of the State or the institutions shall be aimed at carrying out general or specific activities throughout the national territory or in certain territorial areas.

2. The Gerentias may have an indefinite or temporary duration, remaining in the latter case extinguished at the end of the work that has been entrusted to them.

3. The urban management of the State or institutional administration may assume, in particular, the functions of management and execution of the works of conditioning and conservation of the residential, industrial or services provided for in the relevant management plans.

4. Whatever the form adopted for the constitution of the Management, the Administration that constitutes them will not be able to decentralize, deconcentrate or delegate to them functions of superior management and control of the management that they are entrusts.

Article 17.

1. The State Administration will be able to constitute and provide management of urban planning, with the function of providing permanent technical assistance to the municipalities in the area, in the development of their urban competencies.

2. The constitution and support of the Gerentias referred to in this article may be carried out jointly by the State Administration and the corresponding Provincial Council, prior to the appropriate agreement. The Gerentias thus constituted shall be in the state or provincial organization, in consideration of the predominant character of the support funds.

Article 18.

1. For the institution of the municipal or provincial urban management system, the following procedure shall be followed:

a) The application agreement shall be adopted by the full Corporation.

b) The request shall be accompanied by the supporting document of the proposal, with the exposure of its operational plans and objectives, functional regime and economic-financial study with the expression of the projected resources.

(c) The file will be submitted to the Minister of the Interior, who, after the report of Public Works and Urbanism, will submit it with his proposal for approval by the Council of Ministers.

(d) The agreement for the establishment of the urban management shall determine the powers of the manager and the system of remedies against its acts and resolutions, in accordance with the terms laid down in the local legislation.

2. The Manager will be appointed by the Minister of the Interior on a proposal from the Corporation. The designation may be placed on a member of the designation or on whom it shall not hold such a character, provided that one and the other are specially trained.

3. In the case of management, they shall also be integrated in accordance with the financial possibilities of the creative entity and, where appropriate, the economic aid with which it has, the personal, multidisciplinary and specialised staff, which requires the executive function and the advisory and support role of the manager.

Article 19.

The municipalities may grant to urban management all or any of the following powers:

(a) Technical functions of a technical nature, the decision of which is ultimately applicable to the City Council, such as:

-Elaborate planning plans, detail studies, and urbanization projects.

-Run Plans and Programs.

-Compose, process and execute forced expropriation projects.

-Prepare and propose to the approval of the competent authorities any kind of documents and projects of an urban nature to be drafted by the City Council.

(b) Functions involving the exercise of authority and transferred to it by functional decentralization, such as:

-Raking alignment pointing.

-Planning for urban licenses.

-Planning for urban cedulas.

-Urban inspection exercise.

c) The management of the municipal property of the soil, to which it may acquire, possess, claim, manage, tax and dispose of all kinds of goods; as well as assume fiduciary entitlements of disposition, corresponding to the Sunday to the Municipality.

Article 20.

1. The urban management may also be established by the agreement in common of several Municipalities, alone or, in addition, with the corresponding Provincial Council, for temporary or permanent purposes.

2. They may also create urban or metropolitan municipal entities and the provincial communities, which are constituted subject to the provisions of the legislation of the local regime.

3. In one case, the provisions of the two preceding articles of this regulation will apply.

Section 5. Personification in a societary way

Article 21.

1. Urban administrations may create, jointly or separately, public limited liability companies where appropriate to the promotion, management or execution of urban activities. The agreement of creation, as well as, if applicable, the participation in the Society already created, will be governed by the legislation that is applicable to each Entity.

2. It may, in particular, be entrusted to companies formed by urban administrations:

(a) The construction of infrastructure works and the provision of services in a given area or polygon of urban planning.

b) The promotion and management of urbanizations, regardless of the system to be adopted for the elaboration and implementation of urban planning.

3. The public participation in the Societies to which this article refers shall be in any case majority.

Article 22.

1. The urban administrations may also participate in any other societies formed, with limitation of responsibility, by individuals for the development of urban-urban purposes.

2. In the cases referred to in this Article, the administrative participation may not be majority. If you receive special privileges from the competent administration, the Company may be subject to the specific control or restraint link determined in order to bring such privileges into line with the purposes of interest. public.

Article 23.

The competent administration may provide the planning companies with the appropriate service concessions, so that with their exploitation they obtain the remuneration of the construction work.

Section 6. Collaborative planning entities

Article 24.

1. Stakeholders will be able to participate in urban management through the creation of collaborative urban entities.

2. They are collaborative urban entities:

a) The Compensation Boards.

b) The administrative associations of owners in the cooperation system.

c) Conservation Entities.

3. The collaborating urbanistic entities shall be governed by their Statutes and by the provisions of this Section, without prejudice to the application of the specific precepts 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 the provisions laid down in Chapter IV of Title II for the conservation of urbanisation works.

Article 25.

1. The setting up of the Compensation Boards and the administrative associations of owners in the system of cooperation shall be accommodated as provided for in the provisions contained in the respective systems of action.

2. The conservation entities of the works of urbanization may be constituted as a consequence of the transformation of some pre-existing Entity of the enunciadas in the previous number or, specifically for those purposes, without having previously been constituted an Entity for the execution of the works of urbanization.

3. The establishment of a conservation entity shall be compulsory provided that the duty to preserve the construction works falls on the owners of a polygon or unit of action under the determinations of the plan. (a) the planning or basis of the programme for urban development or is expressly laid down by law. In such cases, membership of the conservation entity shall be mandatory for all owners within its territorial scope.

Article 26.

1. The collaborative urban entities will have administrative character and will depend on this order of the current urban administration.

2. The legal personality of the collaborating urbanistic Entities shall be understood from the moment of their registration in the corresponding register.

Article 27.

1. The constitution of the collaborating urban entities, as well as their Statutes, will have to be approved by the current urban administration.

2. The approval agreement of the constitution will be entered in the Register of Collaborating Urbanistic Entities that will be carried out in the respective Provincial Commissions of Urbanism, where also a copy of the Statutes of the Entity will be archived authorised by competent official.

3. The appointments and cessation of the persons in charge of the Government and the administration of the Entity shall also be entered in that register.

4. The amendment of the statutes will require approval from the Acting Urban Administration. The respective agreements, with the content of the amendment, where appropriate, shall be recorded in the register.

Article 28.

The transmission of the ownership that determines the membership of any of the types of collaborative urban entities will take with it the subrogation of the rights and obligations of the causative, understanding the acquirer to the Entity from the time of transmission.

Article 29.

The agreements of the collaborating urban entities shall be adopted by a simple majority of participation quotas, except that in the Statutes or in other rules a special quorum is established for certain assumptions. Such agreements may be contested in the light of the current urban administration.

Article 30.

1. The dissolution of the collaborating urbanistic Entities will be produced by the fulfillment of the purposes for which they were created and will require, in any case, agreement of the current urban administration.

2. The approval of the dissolution of the Entity shall not proceed until the performance of the outstanding obligations is recorded.

CHAPTER II

General requirements for execution

Section 1. Legitimizing function of planning

Article 31.

1. For the implementation of the General Plans on urban land it shall be sufficient for them to contain the requirements set out in Article 12, 2, 1 of the Soil Law.

2. The actions on scheduled urban land require the prior approval of the partial plan of the corresponding sector.

3. In the unscheduled land area, it can only be implemented through the approval of urban planning programmes and the corresponding partial plans for implementation.

4. The implementation of the general systems of the general and organic structure of the territory shall be carried out either directly by the approval of special plans or by their inclusion in the relevant sectors for their implementation. development in Partial Plans.

Article 32.

1. For the purposes of implementing the determinations of the supplementary and subsidiary rules of urban planning, it shall be sufficient for those rules to contain the clarifications laid down in Article 92 of the Planning Regulation.

2. In the areas declared eligible for urbanization in the subsidiary rules of municipal planning, the corresponding partial plans will be used.

Article 33.

1. The implementation of the planned infrastructure works, where appropriate, in the territorial coordinating management plans, may be carried out directly by the approval of special plans.

2. Special plans may also be approved for the implementation of isolated actions on urban land in the municipalities that have approved General Plan or complementary rules or municipal planning subsidiaries.

Article 34.

In the municipalities that lack Plan and complementary norms and subsidiaries of planning, construction in urban land and, if necessary, the urbanization works to be carried out in this soil will be accommodated in the legislation of the local regime and the duly approved construction ordinances, after the delimitation of that class of soil by the procedure laid down in Article 81, 2, of the Law of Soil. In any event, the provisions of Articles 73 and 74 of that Law shall be taken into account.

Section 2. Order of priorities

Article 35.

1. The implementation of the Plans shall be carried out in accordance with the programmes contained therein.

2. Within each Plan, the order of priorities of a polygons with respect to others will be followed, which he establishes, except in the case of guaranteeing the execution of the road systems and public service networks provided for in the Plan, although exceed those required for the service of the polygon in which it is acted.

3. In the implementation of the Special Plans, the order of priority shall be followed, which shall be established in each of them according to the objectives it intends to achieve.

Section 3. Delimitation of polygons and performance units

Article 36.

1. The execution shall always be carried out by units of action or by complete polygons, except in the case of the execution of general systems or of any of their elements or of isolated actions on urban soil.

2. In the delimitation of the polygons in urbanizable soil programmed or included in an urban planning action program, the requirements of Article 117, 2 of the Law of Soil shall be justified for each of them.

For the purpose of making the equitable distribution of the benefits and burdens of urbanisation possible, no polygons may be defined within the same sector, the differences in which they are used in relation to the Use of the sector is greater than 15 per 100.

3. In urban land, where the determination of a polygon with the requirements laid down in Article 117, 2, of the Soil Law is not possible, or in the case of isolated actions, the urban operations may be carried out by means of the the delimitation of performance units that allow at least the fair distribution between the owners of the benefits and charges arising from the planning.

No polygons or units of immediate action may be demarcated for free and compulsory cession without including in the referred polygons and units the corresponding part of the indicated land.

Article 37.

1. Where the difference in use between polygons, fixed in accordance with the terms laid down in Article 2 (2), is less than 15 per 100, the polygonal delimitation shall be valid and shall produce all its effects, without prejudice to the owners located on the polygon or polygons with superior use should compensate the owners of the polygons in cash with less use for the difference that results.

2. In the settlement account of the project for the repair or compensation of the polygons affected by this difference in use, the following items shall be included, debtor and creditor, which shall be the subject of cash compensation.

3. In the polygons with excess use, the amount of this will have the character of urbanization expense and will be delivered to the current administration in order to compensate in cash the owners of the default polygons. However, the Acting Administration may satisfy this compensation by assuming the portion of the equivalent urbanization costs.

Article 38.

1. The determination and delimitation of the polygons and performance units, when not contained in the plans, shall be adjusted to the following procedure:

(a) It shall be initiated on its own initiative by the local authority or special urban planning authority or at the request of the individuals concerned.

b) Approved initially the file, will be submitted by the acting Entity to public information within 15 days, by means of announcements that to this effect are inserted in the "Official Gazette" of the province and in a newspaper of the largest circulation in the province. In any event, the personal summons of the owners of land included in the polygon or acting unit shall be required for which the time limit shall begin to be counted from the day following the receipt of the notification.

c) The file with the claims and observations that have been formulated will be definitively resolved by the current special urban planning entity. In the case of agreements by local authorities, the simple majority shall be sufficient for their adoption.

d) For the effectiveness of the delimitation the publication of definitive approval in the "Official Gazette" of the province will be specified.

2. The same procedures will be followed when there are polygons or action units already defined.

3. Complaints or appeals against the final act of approval based on errors or omissions which have not been reported in the public information phase shall in no case be subject to the action retrospection, without prejudice to the might correspond to the claimants.

4. If, as a result of the allegations produced, the final approval agreement modifies the limits of the polygon, no further information processing shall be required, unless the area of the polygon or unit of action is increased or decrease by more than 10 per 100, in respect of the initially planned, in which case the audience will be heard by those affected by the increase or decrease.

TITLE II

Owners ' rights, obligations, and burdens

CHAPTER FIRST

Exercise the power to build

Article 39.

1. In urban land, it can only be built when the land acquires the condition of solar or when the simultaneous execution of the urbanization and the building is ensured.

2. However, buildings intended for industrial purposes in the permitted areas may be authorised, where safety, health and non-pollution are sufficiently met and the owner takes on the obligations laid down in the Articles 46.2 of this Regulation and 83.3, paragraph 1, of the Soil Law, by registration in the Land Registry.

Article 40.

1. In order to authorize in urban land the construction of land that does not have the condition of solar and is not included in polygons or units of action, it will be necessary, as a guarantee of the realization of the works of urbanization:

(a) That in the application for a license, the individual concerned or, where appropriate, the ministerial department or entity administering state assets, expressly commits to the simultaneous construction and urbanization.

(b) Bail, in any of the forms permitted under local law, in sufficient amount to ensure the execution of the development works, in the appropriate part.

c) That in the written application for a license it is committed not to use the construction until the work of urbanization is completed and to establish such a condition in the disposals of the right of property or of use that is take effect for all or part of the building.

2. The commitment to urbanise will not only reach works that affect the front or facades of the land on which it is intended to be built, but also to all the necessary infrastructure so that the necessary public services can be provided, such as water supply network, sanitation, public lighting and pavements of sidewalks and carriageway, to the point of liaison with the general and road networks that are in operation.

3. Failure to comply with the obligation of simultaneous urbanization to the building will entail the expiration of the license, without the right to compensation, preventing the use of the edified, without prejudice to the right of the third parties to the compensation of the damages which have been caused to them. It shall also entail the loss of the security referred to in paragraph 1 (b) of this Article.

Article 41.

1. In urban land owners of land included in polygons or acting units may also apply for a building license before they acquire the solar condition, provided that the following requirements are met.

(a) That the act of approval of the project of repair or compensation has been firmly established on the administrative path, if one or the other is necessary for the distribution of benefits and burdens of the Plan.

b) That by the state of realization of the works of urbanization the Administration considers it foreseeable that to the completion of the building the parcel in question will have all the necessary services to have the solar condition.

(c) That in the written application for a license, it is committed not to use the construction until the work of urbanization is completed and to establish such a condition in the disposals of right of property or use that are carried for all or part of the building.

2. The occupation of the buildings shall not be permitted until the urbanization affecting those buildings is not fully carried out and supplies of water and electricity and sewerage systems are in operation.

3. The forecasts set out in the previous Article 3 (3) shall apply.

Article 42.

1. On scheduled land, as long as partial plans are not approved and the corresponding urbanization work is carried out, no other facilities can be built or erected; however, the works corresponding to the the infrastructure of the territory or the general systems determining the urban development or the implementation of those other interim measures referred to in Article 58.2 of the Soil Law.

2. It may be built in this category of soil, after approval of the Partial Plan and corresponding Urbanization Projects, before the land is fully urbanized, provided that the requirements mentioned in the previous article are met. and with the effects expressed therein.

Article 43.

In areas included in a Urban Action Programme, as long as the corresponding Partial Plan is not approved, the forecasts set out in the previous article will apply.

Article 44.

1. As long as no Urban Action Programmes are approved, land classified as unscheduled land-based land shall be subject to the following limitations, in addition to those applicable under other laws:

1. The incompatibilities of uses outlined in the General Plan must be respected.

2. No other constructions may be carried out than those for agricultural holdings which are related to the nature and destination of the farm and are in accordance with the plans or rules of the Ministry of Agriculture. as the buildings and facilities linked to the execution, entertainment and service of the public works. However, in accordance with the procedure laid down in this Article, buildings and installations of public utility or social interest to be located in the rural environment, as well as isolated buildings for housing, may be authorized. family in which there is no possibility of forming a population core.

3. The types of constructions must be adequate to their condition and isolated situation, in accordance with the rules that the Plan establishes, with the characteristics of the urban areas being prohibited.

4. In transfers of property, divisions and segregations of rustic land, no fractionations may be carried out against the provisions of the agricultural legislation.

2. The procedure for the authorization of the construction of buildings and facilities of public utility or social interest or family dwellings referred to in the second limitation of the previous number shall be developed in the way next:

1. It shall be initiated by a request from the person concerned before the relevant City Council, stating the following:

(a) Name, last name or, where applicable, the registered name and address of the natural or legal person who so requests.

b) Site and extent of the property to be constructed, reflected in a situation plan.

c) Surface occupied by the construction and description of the fundamental characteristics of the building.

d) If these are buildings or facilities of public or social utility, justification of these extremes and the need for their placement in the rural environment, and that they do not form a nucleus of population.

2. The City Council will inform the petition and raise the file to the Minister of Public Works and Urbanism, in the case of provincial capitals or municipalities of more than 50,000 inhabitants, or to the Provincial Commission of Urban Urbanism, in the other cases.

3. The Minister of Public Works and Urbanism or the Provincial Planning Commission, as appropriate, shall submit the file to public information for 15 days in the capital of the province.

4. On the expiry of that period, the final decision shall be taken by the competent authority or body referred to in the preceding number. The resolution shall assess the public utility or the social interest of the building or installation, where such utility or interest is not attributed by application of its specific legislation, as well as the reasons for determining the need for such a to be located in rural areas. In the case of buildings intended for family housing, the circumstances on the basis of which it may be considered shall, where appropriate, be assessed in accordance with the criteria of the General Plan or Subsidiary and Complementary Rules of the Planning. that there is no possibility of forming a population core.

Article 45.

1. Land classified as non-urbanizable soil shall be subject to the limitations laid down for unscheduled land-based land.

2. Spaces which, according to the General Plan, should be subject to special protection, may not be used for uses which involve the transformation of their destination or nature or damage the specific value of their use. protect.

CHAPTER II

Compulsory and mid-use Recessions

Article 46.

1. The owners of land affected by an urban development are obliged to carry out the free transfers of land established by the Law of Soil for each of the types and categories of soil in the terms that result from the Plan. General and each of the Plans that develop it.

2. Compulsory and free disposals on urban land will be done in favour of the Municipality and will consist of the total area of land for road, parks, public gardens and Basic General Education Centres at the service of the polygon or unit action, depending on the locations or sites identified in the Plan.

3. On scheduled land, the compulsory and free disposals will be made in favour of the Municipality or, where appropriate, of the current town planning entity and will be the following:

(a) The total area of the roads, parks and public gardens, sports and recreation areas and expansion, cultural centres and teachers and the precise grounds for the installation and operation of the other services required public.

(b) In the sectors which, by virtue of the uses and intensities laid down in the General Plan, have attributed a higher average utilisation than that established in the plan itself for all scheduled land-based land, in addition to the (b) the above paragraph, the area of soil building on which the difference between the two uses is situated. This transfer shall only take place where the excess of use is not intended for the award of land to the owners of land affected by general systems or where such awards do not absorb the entire excess, in which the transfer in favour of the Acting Administration shall be limited to the land not covered by the said awards.

(c) In any case, the building floor corresponding to 10 per 100 of the average use of the sector, after deduction of the disposals referred to in paragraph (b) above, where they were from the sector.

4. In the case of land owners falling within the scope of the urban planning programme approved, they shall be subject to the obligations which, in the event of the transfer of land, establishes Title VI of this Regulation. Regulation.

Article 47.

1. The Acting Administration is obliged to affect, for the purposes provided for in the Plan, the land it acquires as a result of the fulfilment of the obligations of compulsory disposal that fall upon the owners.

2. The land used, according to the Plan, for public domain and public use and land on which buildings or public service facilities are to be carried out may not be changed to destination, but rather for modifications of the Plan.

3. In any event, it should be taken into account that where the areas of the previously existing public domain and public use forces are equal to or less than that resulting from the implementation of the Plan, they shall be construed as being replaced by one another. If such areas are higher than those resulting from the implementation of the Plan, the Administration shall receive the excess, as appropriate, in buildable land.

Article 48.

1. The use to which the owner of each farm included in land is eligible shall be the result of applying to its area 90 per 100 of the average use of the sector, after deduction of the disposals referred to in paragraph 1. (b) of Article 46 (3), where they come.

2. The remaining 10 per 100, with its corresponding floor, shall be compulsory and free of charge to the Administration.

3. The owners of each sector shall carry out the appropriate clearing or repair operations with the corresponding land awards, for the purpose of making the use corresponding to each owner determined in the number 1 of this article.

Article 49.

1. In the cases referred to in Article 125 of the Law of Soil, the transfer of 10 per 100 of the use corresponding to each farm shall be replaced by a cash contribution paid by the owner to the Administration.

2. The economic compensation shall be fixed by the Administration, the land, which should have been transferred, according to the urban value corresponding to it according to its classification, and the costs of urbanization in the extension determined in this Regulation. shall be rotated, in any case, to the owners on the basis of the total usable area.

Article 50.

1. In sectors for which the General Plan fixes an average utilisation above the average of all scheduled land-based land, it will not be possible to approve Parcial Plans that do not contain their division into polygons.

2. The partial plans shall specify in those cases the amount of the excess, for the purposes that, after the appropriate repair or compensation operations, the excess shall be awarded to the owners of the land for general systems in the the expropriation is not applied, or to the Acting Administration, in another case.

3. The owners of land for general systems or the current administration, as the case may be, will be part of the repair or compensatory community corresponding to the polygons that result with excess use.

Article 51.

1. The owners of land that, forming part of the land-based planning and that, for being destined in the General Plan to systems of communications and their protection zones, spaces free for public parks and green areas, equipment Community and public institutions, without exploitation, will be compensated, when the expropriation is not applied, by the award of other land in sectors that have a higher average use than all the land programmed, in the form and value set out in the following number.

2. Such owners of land with zero use shall be compensated-in the appropriate repair or compensation procedure-with the area corresponding to the use resulting from the application of 90 per 100 of the use the average of the scheduled land for the affected land.

3. The owners referred to in the previous two numbers shall be part of the community of repair or compensation in the polygon or polygons where their rights are to be made effective, and the obligation to pay the a proportional share of the urbanisation costs corresponding to the parcels allocated to them.

Item 52.

1. The City Council or the acting body may occupy the land for general systems of urban planning included in a partial or special plan without the need to resort to compulsory expropriation, once the the procedure for repairing or compensating in the polygon in which, because of having an excess of use in relation to that of all the scheduled urbanizable ground, the owners affected by the systems have to make their rights effective general.

The recognized utilization of each of the occupied farms must be made effective in a single polygon, and if not possible, in the smaller number of these.

2. In no case may the grounds be dealt with without the acting body issuing the certificates referred to in the following Article at the same time.

In addition, land owners who credit the existence of an effective rustic holding will be entitled to receive an annual interest of 6 per 100 from the initial value of land and goods occupied since the date of the occupation until the final approval of the project of repair or compensation of the polygon where they have to make their rights effective. The determination of the initial value shall be made for this purpose by the Acting Administration itself, with an audience of the data subject.

Article 53.

1. At the time of the occupation, the minutes shall be drawn up, in duplicate, in which it shall be expressed:

a) Place and date of grant.

b) Determination of the Acting Administration.

c) Partial or Special Plan whose execution motivates the occupation, with the expression of the dates of its definitive approval and publication in the "Official Gazette".

(d) Name, surname and position of officials who authorize the minutes on behalf of the Administration.

(e) Identification data of the owner of the occupied land, stating the name, surname and marital status, if he is a natural person, and the name in which it is known if it is a legal person; and address, name and circumstances of the persons who are represented in the act in their representation.

f) Description and extent of the occupied surface.

g) Use by application to the occupied surface of 90 per 100 of the average utilization of the scheduled land.

(h) Poligono that the rights of the owners of the occupied land should be made effective.

i) Actual loads to be weighed on the occupied land, holders of such loads, value or amount of the same and reference to the data recorded.

(j) The issue of the certifications referred to in the following article and whether they have been delivered to their holders or have remained in the power of the acting body, with expression of the cause.

2. The subsequent delivery of certificates to the person certifying his/her right shall be recorded in successive proceedings following the minutes.

3. The duplicate of the record will be sent by the acting organ to the Registry of the Property in order to write to the margin of the last registration of the current domain the fact of the occupation.

Article 54.

1. The acting body shall issue in favour of each of the owners of the land occupied with certification of the minutes referred to in the preceding article, in which the units of use corresponding to each occupied parcel and the polygon in that they have to make their rights effective. Such certification shall be delivered to the owner of the occupied land if he is known and appears to be the act of the occupation. If the owner is not compared, or if the property of the estates or rights is disputed, the acting body, when occupying the land, shall issue in any case the certifications with reference to the occupied farms and the deliver to the holders when they appear and accredit their right.

2. The actual loads on the occupied farms may be released, receiving their holders units of use in proportion to the value of their right, if at the time of the occupation the owner of the farm and the owner or holders of the charges shall be presented in agreement for the allocation of the use corresponding to the estate taxed. In this case, the acting body shall provide each of the persons concerned with a declarative certification of the proportion of the use which, according to the agreement, corresponds to him in relation to that of the entire estate, having all the consideration of co-owners for all intents and purposes and may therefore be part of the clearing boards in the form provided for in Article 166 (e) of this Regulation.

If, at the time of the occupation, the persons concerned do not submit a contract for the distribution of the units of use, the acting body may suspend the occupation of the taxed estate by giving them no more than one month to get it. If neither in this time limit is presented in agreement or if for reasons of urgency the deadline cannot be granted, the acting organ will occupy the estate taxed, issuing a declarative certification of the use that corresponds to the estate, in which the existence of the unreleased charge or right and the holder thereof shall also be recorded. A copy of the certificate shall be given to each person concerned.

The existing leases on the occupied farms will follow the regime established in the Compulsory Expropriation Act, and the corresponding compensation will be paid by the Administration, reducing as necessary the utilization attributed to the owner.

3. Once the certification has been obtained and on the basis of it, the holder of the domain or of a transformed real right or charge may grant write of declaration or specification of the units of use derived from his right, in which he describe the farm or right which they come from and the polygon where they are to be made effective, including the charges which, where appropriate, remain. The aforementioned deed will be entered in the Land Registry in the same portfolio of the occupied estate, and if you declare only part of the units of use corresponding to it, it will be entered as a pro-undivided quota of the domain.

If the occupation had not affected the entire farm, the occupied part would be previously segregated.

4. Subsequent transmissions of all or part of the units of use shall be carried out in accordance with the provisions of the transfer of immovable property, the circumstances of which are set out in the preceding paragraph, and shall be they shall be registered in the same register of the occupied farm, which shall not be cancelled until the agreement for the repair or compensation of the polygon is entered into which the holders of the said units of use have to make their use rights, as provided for in Article 114 of this Regulation.

5. The holders of real charges which have not been released or processed into units of use shall retain all their shares for the defence or execution of their rights, which shall remain in force for the entire parcel or pro-undivided quota which, in the compensation or repair agreements, the holder or holders of the units of use derived from the farm shall be awarded, by application of the principle of the actual subrogation, the provisions which are applicable This regulation contains for the loads on farms included in the polygon. If the use of the taxed units has been partially carried out, the holder of the charge may fully repeat its contents against any of the groups of units of use belonging to a different holder or against all at the same time, under the system of Articles 123 of the Mortgage Act and 221 of its Rules of Procedure.

If the charge is declared incompatible with the Planning, it shall be as provided for in Article 101, 3, of the Soil Law and concordant with this Regulation.

Article 55.

By way of derogation from the foregoing articles, the Administration may also acquire the land for general systems through the application of the Expropriatory Institute.

Article 56.

1. Each urban development programme shall fix the average use of all the land covered by it, and if there are divisions in sectors, the corresponding to each of them.

2. The application of the medium use within the scope of the urban planning programme shall be subject to the rules laid down for scheduled land-based land.

3. The transfer of 10 per 100 of the average utilisation may be replaced by the higher obligations laid down by the bases, where such substitution shall be specified in particular.

Article 57.

1. When urbanisation is developed and built under complementary and subsidiary rules of planning, land owners located in each area eligible for construction will be subject to the compulsory and free disposals referred to in this Regulation. Article 46 of this Regulation, as well as the obligation to yield 10 per 100 of the use resulting from the provisions of each partial plan.

2. The location of the soil corresponding to the 10 per 100 of the use of the Partial Plan that develops the norms for each zone or part of it will be fixed in the files of parcelation or repair, according to the farms of one or more owners.

3. In addition, it will have to meet the remaining obligations under this Regulation in relation to the payment of the costs of urbanization.

CHAPTER III

Urbanization costs

Article 58.

Land owners affected by an urban development will be obliged to cover the costs of the urbanization referred to in the following Articles, in proportion to the area of their respective land or, where appropriate, to which it appears in the documents referred to in Article 53 of this Regulation.

Article 59.

1. The amount of the urbanisation works which the owners of a polygon or acting unit is responsible for shall comprise the following concepts:

(a) Works of road, including those of esplanation, firming and paving of roads, construction and lighting of sidewalks and pipes to be constructed in the subsoil of the public road for services.

(b) Sanitation works, comprising general and partial collectors, taffes, sinks and sunsets for stormwater and purification stations, in the proportion that affects the unit of action or polygon.

(c) Water supply, including the collection works where necessary, home distribution of drinking water, irrigation water and fire hydrants.

d) Supply of electrical energy, including conduction and distribution, and public lighting.

e) Gardening and tree-lined in parks, gardens and public roads.

2. Individuals affected by urbanisation works on a polygon or acting unit may be reintegrated from the costs of installation of the water and electricity supply networks, under the responsibility of the concessionary companies, in the which, according to the regulation of such services, does not have to be run by users. Installation costs shall be accredited by certification issued by the Acting Administration.

Article 60.

They shall also be responsible for the land holders, and in the proportion referred to in Article 58, for the compensation payable to owners and tenants of buildings and buildings of any kind which may have be taken down for the proper implementation of the plan, as well as compensation for the destruction of plantations, works and facilities incompatible with the plan to be implemented.

Article 61.

It shall also be for the account of the adjudicators of land included in the polygon or unit of action corresponding to the cost of drafting and processing of the Parcial Plans and of the urbanization projects and the amount total of the costs of repair or compensation.

Article 62.

If there is an agreement between the Administration and the owners concerned, the payment of all or part of the expenses indicated in the preceding three items may be made by giving them up, free of charge and free of charge, areas which are buildable in proportion to be considered sufficient to compensate for such expenditure, the amount of which shall be determined in the agreement itself.

Article 63.

Unscheduled land owners, who are the subject of an Urban Action Programme, in addition to paying the urbanisation costs outlined in the previous articles and fulfilling the additional burdens that the (a) to impose on them the total implementation or the necessary supplement to the external infrastructure works on which urban planning is to be supported, such as road networks linking the population, installation and/or extension of water supply, sewerage and water supply channels sanitation, sewage treatment plants, electricity supply and any other services needed to ensure that the soil under the urban planning programme is properly linked through these general systems with the the structure of the municipality in which the programme is developed.

Article 64.

When action on certain polygons or units of action is not presumably profitable, due to excessive burdens in relation to the limited use made for the buildable areas, the Council of Ministers, acting on a proposal from the Minister of Public Works and Urbanism, and after obtaining the opinion of the Council of State, with a hearing or, where appropriate, at the request of the interested parties, may authorize, without modifying the determinations of the Plan, a reduction of the contribution of the owners to the same or an economic compensation in charge of the Administration, seeking to equate the costs of the performance to those of other similar ones that have been viable.

Article 65.

Non-compliance by soil owners of the obligations and charges set out in this Regulation will result in:

a) To the levy of the urbanization quotas by the award path or

b) To the expropriation by the Administration of the land affected to the fulfillment of the burdens, being beneficiaries of the expropriation the own Administration or the Board of Compensation, according to the cases.

Article 66.

Soil owners located in areas eligible to be urbanised under the complementary and subsidiary planning rules shall pay the urbanisation costs referred to in Articles 59 to 61 of this Regulation and those of execution or supplement of the external works on which each individual action is supported, in the form and value established when each partial plan is approved.

CHAPTER IV

Conservation of urbanization

Article 67.

The conservation of the works of urbanization and the maintenance of the facilities and facilities of the public services will be in charge of the Acting Administration, once the cession of those works has been carried out.

Article 68.

1. By way of derogation from the foregoing Article, the owners of the land covered by the polygon or the unit of action shall be subject to such an obligation, where this is imposed by the Management Plan or by the basis of a programme of urban performance or is expressly provided by legal provisions.

2. In the case of the previous number, the owners must be integrated into a conservation entity.

Article 69.

1. The participation of the owners in the obligation to preserve and maintain the works of urbanization, endowments and facilities of the public services, when not in charge of the Acting Administration, will be determined according to the participation of the Board of Compensation, in the project of repair or, where appropriate, in which it has been established in the Conservation Entity.

2. Where horizontal ownership schemes have been established on parcels, the contribution of the owners in the conservation and maintenance obligation shall be determined by the share of the share in relation to the total value of the of the property that you have assigned in each community.

Item 70.

1. Anyone who is the subject to whom the obligation of maintenance referred to in the preceding articles, the Town Hall or the Acting Administration, in his capacity as holder of the grounds of public domain, works, endowments and (a) a facility which is the subject of compulsory disposal, may require, by way of award, the fees due, either ex officio or at the request of the contributing urban entity, where appropriate.

2. The amount of the fee shall be delivered by the City Council or the Administration acting to the Entity in charge of the conservation, where such obligation does not correspond to the Administration.

TITLE III

Repair

CHAPTER FIRST

General rules

Article 71.

1. It is understood by repair the grouping or integration of the set of the estates comprised in a polygon or unit of action for its new division adjusted to the Plan, with the award of the resulting plots to the owners of the primitive, in proportion to their respective rights, and to the competent authority, in the part corresponding to the Law of Soil and the Plan.

2. Where the land used for planning purposes or included in an urban development programme, a polygon has a higher use than that which corresponds to the average for this type of land, it shall also be part of the community. The owners of the soil outside the polygon that have recognized the right to participate in the awards, because they are destined to their soil to general systems and not to have applied the forced expropriation.

3. The resulting plots to be awarded to the owners will replace the original ones, with no continuity solution in the respective entitlements, for all purposes.

4. The repair also includes the determination of the compensation or compensation necessary to ensure that the principle of fair distribution between the benefits concerned is fully complied with within the fixed unit. loads of urban planning.

Article 72.

1. The repair is intended to:

a) Fair distribution among stakeholders of the benefits and burdens of urban planning.

b) The regularization of farms to adapt their configuration to the requirements of planning.

(c) The situation on particular parcels and in areas suitable for the construction of the use established by the Plan.

(d) The location on particular parcels and in areas suitable for the construction of the use which corresponds to the current administration, in the case of land-based planning, scheduled or included in a programme of urban performance.

2. Either of these purposes alone justifies the repair, even though the others do not.

3. The fair distribution of the benefits and burdens of the management will be necessary provided that the plan also disposes to the affected farms the volume or the buildable surface, the urban uses or the limitations and burdens of the property.

Article 73.

Repair will not be required in the following cases:

(a) When, on urban land, all the grounds of the polygon or unit of action belong to a single owner.

b) When the Plan is executed by the compensation or expropriation system.

c) When none of the causes listed in the preceding article of this Regulation are present.

(d) In the case of the execution of a Plan affecting a previously repaired area, without altering the economic balance between the owners.

(e) Where all the owners concerned expressly renounce it and, in the case of land-based planning or an urban planning programme, the current administration accepts the location of the project. Appropriate use.

Article 74.

According to article 125.2 of the Law of Soil, when more than 50 per 100 of the buildable surface of a polygon or unit of action is built according to the plan, the repair will be limited to the material redistribution of the remaining land and to establish the replacement allowances to be made between the persons concerned.

CHAPTER II

Requirements

Section 1. Competence, legitimacy and capacity

Article 75.

1. The competence to deal with and resolve the repair files is for the authorities and, where appropriate, the administrative bodies or bodies which have the express responsibility for the implementation of the plans, in accordance with their specific provisions or in the exercise of their subrogation powers as provided for in the Act.

2. Where in a fixed unit are included municipal, own or public domain property affections to a public service, the final decision of the file shall be the responsibility of the Provincial Planning Commission.

Article 76.

1. Without prejudice to the provisions of Article 71 of this Regulation, they shall be as part of the repair files:

(a) The owners of the land concerned and, where appropriate, the holders of land affected by general schemes which have to make their right in the polygon concerned effective.

b) The right holders about the same.

c) Rustic and urban tenants.

(d) Other interested parties who share and justify their legitimate right or interest.

2. For the purposes of determining entitlements, the rules of compulsory expropriation shall apply. These same rules will be applied to resolve the issues of capacity and representation of stakeholders.

3. The provisions of this Regulation shall apply, however, to defects in capacity, limitation of the ability to dispose of, or other circumstances, that condition or prohibit the transmissions of the farms in a normal situation.

Section 2. Repairable Unit

Article 77.

1. The repair is extended to all areas covered by the polygon or the action unit defined in the Plan for which the implementation is concerned or delimited by the procedure laid down in Article 38 of this Regulation.

2. The repairable unit shall be determined, without the need for a new agreement, when the final approval of the Plan or delimitation of the polygon or unit of action referred to in the preceding paragraph is placed.

3. Appeals against such agreements shall not suspend the course of the repair file. If the polygon or unit of action has been modified after the approval of the repair agreement has been agreed, a new supplementary dossier shall be maintained and opened for fixing the compensation to be paid between the interested.

Article 78.

1. By way of derogation from the foregoing Article, at the request of a party, provided that the procedure for exposure to the public of the repair project is completed, the external surfaces may be included in the unit to the polygon or unit of action, through a new process of public information of the rectified project, for fifteen days.

2. The inclusion of these external areas, which will be incorporated into the unit which is fixed to all the effects of the repair, must be based on areas which are economically or functionally linked to the management of the polygon or acting unit, without it being possible or from incorporation into another repairable unit.

3. In urban land, and in cases of voluntary repair, the repair unit may be discontinuous, and even refer to isolated plots, provided that compliance with the Plan is ensured and the injury to third parties is not irradiated.

Article 79.

In no case shall the exclusion of the fixed unit from the estates included in the polygon or unit of action, delimited for the purposes of the Plan's execution, be agreed, without prejudice to the provisions of Article 99.3 of the Law of Soil, with respect to the award of certain estates, and in 125.2 of the Law of the Soil itself, with respect to the replacement compensation of the material repair of the land.

Section 3. Formal requirements

Item 80.

1. The repair assumes the existence of a planning for which it is performed.

2. The plan that you run can be:

a) The general plan of management, completed in its case by the corresponding detail study, if it is urban land.

b) A special plan, if the repair is appropriate for its execution.

c) A partial plan in other cases.

Article 81.

The project of repair may be processed and approved jointly and simultaneously with the partial plan or with the delimitation of the polygon or unit of action, without prejudice to the fact that, if necessary, it is conditioned to the approval of the partial plan.

Article 82.

1. The content of the repair will be specified in a project, which must consist of the following documents:

a) Memory.

b) Relationship of owners and stakeholders, with the expression of the nature and value of their rights.

c) Proposal for the award of the resulting farms with an expression of the urban development that corresponds to each one and nominal designation of the awards.

d) Tasering of rights, buildings, constructions or plantations that must be extinguished or destroyed for the execution of the plan.

e) Interim settlement account.

f) Planes:

f.1. Situation plan and relationship with the city.

f.2. Definition of delimitation and information, with the expression of the limits of the repair unit, linderings of the affected farms, buildings and other existing elements on the ground.

f.3. The sort plan, in which the corresponding plan plan is reproduced, at the same scale as the previous one.

f.4. Plan of classification and assessment of the areas awarded.

f.5. Award plan, with the expression of the boundaries of the resulting properties awarded.

f.6. Overlapping of information and award (f.2). and f.5.).

2. When the repair is related to urban land and the owners ' right is determined by the urban value of their respective farms, a plan of classification and valuation of the farms will be added.

3. The above documentation may be reduced or extended in accordance with the effective content of the repair in each case.

Article 83.

The project memory should refer to the following ends:

(a) Circumstances or agreements that motivate the repair and peculiarities that are present in your case.

b) Description of the repairable unit.

c) Criteria used to define and quantify the rights of those affected.

d) Assessment criteria for the areas awarded.

e) Award criteria.

(f) Criteria for the assessment of buildings and other items to be destroyed and of charges and expenses corresponding to the successful tenderers.

g) Any other circumstance that contributes to explaining the agreements that are proposed.

Article 84.

1. The drawings must be drawn up on a scale between 1:500 and 1:2000 and, in any case, clearly sufficient to allow the lines and other graphics to be perceived.

2. The graphic symbology and the numbering of the plots must be uniform and univocal throughout the project. Symbols contrary to those that are common in the usual practice or which lead to error or whose meaning is not explained in due form may not be used.

CHAPTER III

Content

Section 1. Definition of rights

Article 85.

1. The owners of the farms included in the repair unit, the administration in the part that corresponds to it and, where appropriate, those owners referred to in Article 71 (2) of this Regulation are entitled to the award of ownership of the resulting properties.

2. The holders of real rights that do not become extinct with the repair, even if not mentioned in the project, will be awarded in the same concept as they were previously, by application of the principle of actual surrogacy.

3. Awards which are intended to be carried out on a separate basis than those referred to above shall be made by separate agreement and irrespective of the repair.

Article 86.

1. The right of the owners concerned shall be proportional to the area of their respective farms which is included in the fixed unit.

2. However, except for the express agreement or waiver, in the case of urban land, the right of the affected owners shall be proportional to the urban value of the area of their respective farms.

In this case, each of the farms will be assigned a specific value in pesetas or in conventional units that will determine the coefficient for the recognition of rights and the award of the resulting properties.

3. The date for determining the right of the affected owners shall be the date of initiation of the repair file.

Section 2. Definition, valuation and award of the resulting farms

Item 87.

For the definition, valuation and award of the resulting properties, the criteria expressly stated by the interested parties will be applied in the first place, provided that they are not contrary to the Law or to the planning or caused to the public interest or to third parties.

Article 88.

1. The area susceptible to construction or private use, in accordance with the plan to be implemented, which must be awarded, shall be assessed with objective and general criteria for the entire repair unit.

2. The assessment shall take into account the following circumstances:

a) Building volume, expressed in square meters/square meters.

b) Usage assigned by the plan.

c) Situation.

d) The characteristics, class, quality, and destination of the buildings that are allowed or planned in the plan.

e) Degree of urbanization, when representing a differential, profit or load data for certain successful bidders.

3. The assessment shall be based on the volume corrected for the remaining concepts, each of which shall be assigned a duly justified coefficient.

4. The valuation may be made at conventional points or units, but these shall be valued in money for the purpose of determining the amount of compensation to be awarded for differences in award.

5. Weightings or criteria which contradict those laid down in the general plan for the determination of the medium-use may not be used.

Article 89.

1. Where in the repair unit the land is built in accordance with the planning, these shall not be the subject of a new award, the primitive properties being retained, without prejudice to the regularisation of linderings in the case of necessary and the necessary economic compensation.

2. In case of farms that are only partially built, the previous rule will only apply to the part of the farm that is built, and the free area can be segregated.

Article 90.

The grounds on which buildings are not fitted for planning shall be awarded in full to their original owners, without prejudice to the regularization of lines and the relevant compensation, provided that they are the following circumstances:

(a) That its demolition is not necessary for the execution of the urbanization works provided for in the plan.

b) That they are not intended for radically incompatible uses with sorting.

c) That its demolition by virtue of an urban infringement file is not decreed.

(d) that the built-up area is not less than the minimum buildable parcel, unless it is included in a larger farm resulting from greater dimensions, corresponding to the successful tenderer, in accordance with its right.

e) That the right of the owner in the repair is not less than 15 per 100, which corresponds to the minimum buildable plot.

f) That the use corresponding to the built-up area does not exceed more than 15 per 100 of the right of the successful tenderer, unless it is residential buildings inhabited by persons other than their own the successful tenderer or his/her family.

Article 91.

In other cases, not covered by the two preceding articles, the buildings included in the repair unit shall not be taken into account for the purposes of the award of the areas in which they are located, but which will be assessed, with their immediate eviction and demolition.

Article 92.

1. No new award shall be made, the original properties being retained, without prejudice to the regularisation of borders, where necessary and the economic compensation to be paid, the non-built farms, where the two Following requirements:

(a) That the difference, in more or less, between the utilization corresponding to them according to the plan and the one corresponding to the owner in proportion to their right in the repair is less than 15 per 100 of this last.

b) That the owner requests and justifies within three months of the approval of the delimitation of the polygon or unit of action.

2. In this case, as well as in Article 90 of this Regulation, the holders who retain their primitive properties shall have the consideration of the successful tenderers for all the effects of the repair.

Article 93.

1. Areas below the minimum buildable plot or which do not meet the appropriate configuration and characteristics for building in accordance with the planning may not be awarded as independent farms.

2. The area between two buildings to be maintained may be awarded as an independent buildable estate even if it does not reach the dimensions of the minimum parcel, provided that the difference does not exceed 15 per 100 of the latter and is comply with other planning determinations.

3. If the plan does not determine the minimum buildable plot or be deducted from its context, the repair project itself will establish it in a reasonable manner.

4. When, in the case of open building, the plan does not contain rules for the location of the volumes, a detailed study will be carried out and approved jointly with the project of repair, in which the location of the volumes is determined concordance with the award criteria.

Article 94.

1. Where the small amount of the rights of some owners does not allow them to be awarded independent farms to all of them, the resulting solar shall be awarded to such owners.

2. This same rule applies in respect of excesses, where, for the purposes of the law of the court, the right of certain owners is not exhausted by the independent award which is made in their favour.

3. However, if the amount of the owners ' rights does not reach 15 per 100 of the minimum buildable parcel, the award may be replaced by a cash allowance. The same rule shall apply when the excess referred to in the preceding number does not reach that percentage.

4. Subject to the provisions of the preceding paragraph, and provided that the requirements of the area of leave are met, the award of independent farms to as many owners as possible shall be preferable to the award of the award, and the latter to the Cash allowance. In the case of indivisous awards, the creation of communities of the least possible number of communes will also be sought.

Article 95.

1. It shall be sought, provided that it is satisfied by the requirements of the parcel, that the farms awarded are located in the nearest possible place to that of the former properties of the same holders.

2. This rule shall not necessarily apply in the case where the former properties are situated in more than 50 per 100 of their area on land intended for road, green areas or other uses incompatible with the property. private.

Article 96.

1. Unless there is a duty imposed by the existing building, pursuant to Articles 89 and 90 of this Regulation, no awards shall be made in excess of 15 per 100 of the rights of the successful tenderers.

2. On the contrary, it will be possible to adjust the awards always by default, where possible, where possible, that the latter does not exceed 15 per 100 of the expressed rights.

3. The eligible area which shall be left over as a result of the provisions of the preceding subparagraph may be awarded to all owners who have been awarded the award, in order to eliminate or reduce the amount of the compensation for differences in award.

Article 97.

The entire surface that, according to the plan, is susceptible to private property, even if not buildable, must be awarded in the repair agreement.

Section 3. Compensation and settlement account

Article 98.

1. Plantations, works, buildings and installations which cannot be preserved shall be assessed independently of the soil, and their amount shall be met by the owners or operators concerned, under the project, in respect of urbanization.

2. It shall be understood that the above elements cannot be retained: where their disposal is necessary in order to carry out the development works provided for in the plan, where they are situated on a surface which is not to be fully awarded to the same owner and when its conservation is radically incompatible with the management, even as a provisional use.

3. The assessment of these elements will be carried out in the project of repair, in accordance with the rules governing forced expropriation.

4. The resulting compensation shall be the subject of compensation, in the interim settlement account, with the amounts of which the person concerned is liable for differences in the award of the project or for project and urbanization costs.

Article 99.

The provisions of the foregoing Article shall also apply to easements and charges, lease rights and any other that, if incompatible with the implementation of the approach, must be extinguished with the repair agreement.

Article 100.

1. The provisional settlement account for the project shall include compensation for the differences in the award of the award, both by default and by excess, and whatever the amount of the award, in the price of the price means of the resulting solar.

2. It shall also include, as differences in award, the excesses of use which are attributed to certain owners by virtue of the provisions of Article 99.3 of the Law on Soil and Articles 89 and 90 of this Regulation.

3. The cost of the development works will be calculated on the basis of the approved budgets and, failing that, by an estimated figure, which will set out in a reasonable manner the project of repair. This same rule will apply to project expenses.

4. The costs of drafting the projects that obtain the initial approval, even if they do not arrive to obtain the final approval, will be considered as project expenses and owed to the set of the owners affected, for their return to those who anticipated.

5. The costs of urbanization and projects shall be distributed in proportion to all the successful tenderers on the resulting farms, in accordance with the value of the farms.

CHAPTER IV

General procedure

Section 1. Getting Started

Item 101

1. The repair case will be started:

a) By law ministry when the delimitation of the polygon or unit of action is definitively approved.

b) By express agreement, ex officio or at the request of a party, in the case of plans or delimitations approved prior to the entry into force of the Law of 2 May 1975. This agreement must define the repairable unit.

2. Where the repair file is processed jointly and simultaneously with the partial plan, special plan for internal reform or detailed study, or with the definition of the polygon or unit of action, it shall be understood as starting with the agreement of initial approval of the same.

3. The initiation of the repair file will be published in the "Official Gazette" of the province, in a newspaper at least of the most circulation in the province, and will be notified individually to the owners included in the polygon and the external land occupied for the implementation of general systems which have to make their rights effective on the polygon in question.

Article 102.

1. Once the repair file has been initiated, the Acting Administration must collect, from the Registry of the corresponding Property, certification of ownership and charges of all the farms included in the unit of repair.

2. The Registrar, at the same time as issuing the above certifications, will extend to the margin of each estate an expressive note of the Acting Agency and date of initiation of the file of repair.

3. The marginal note referred to in the preceding paragraph shall only produce the effect that the persons concerned who register their right in the Register after that date shall not be required to be required to be referred to in the file. However, if they are in the same way, they will follow the successive actions.

Article 103.

1. Owners and holders of rights affected by the repair are obliged to display the titles they hold and declare the legal situations they know and affect their farms.

2. The omission, error or falsehood in these declarations may not affect the objective of the repair. If serious negligence or negligence is assessed, the appropriate civil or criminal liability may be required.

3. In case of disagreement between the titles and the physical reality of the farms, it will prevail over those in the file of repair.

4. If the discrepancy arises in the order of the entitlement of the rights, the final decision corresponds to the ordinary courts. The project of repair will be limited, in such a case, to qualifying the ownership of indoubt or litigious, as appropriate. The Acting Administration shall assume the representation of the rights and interests of those entitlements for the purposes of processing the file. Expenditure which is attributable to the entitlements referred to above may be incurred by way of payment in the event of non-payment.

5. However, the questions of boundaries may be settled in the repair file itself, if the conformity of the interested parties, accredited by appearance or in any other form, is established.

Article 104.

1. The initiation of the repair file shall take with it, without the need for an express declaration, the suspension of the granting of parcelation and building licenses in the field of the polygon or unit of action until it is firm on track The administrative agreement of the repair.

2. The suspension of all new plant works licenses or the reform of existing buildings, land movements and any other that affect the physical configuration of the farms or may disturb the result of the in-flight repair.

3. The petitioners of licenses requested prior to the initiation of the file shall have the right to be compensated in the manner indicated in Articles 27.4, of the Law of Soil and 121 of the Planning Regulation.

Article 105.

1. Licences granted prior to the initiation of the file may be reviewed and left without effect by the local authority which granted them, in the terms set out in this Article, where they are incompatible with the implementation of the planning.

2. If the illegality of the license is to be checked, the form set forth in Articles 186 et seq. of the Law of Soil shall be carried out.

3. In other cases, where it is considered that the works authorised by the licence may prejudge the result of the repair or damage the right of the third parties concerned, the licence may be left without effect, after compensation for damages and damages, charge to the project, in terms of urbanization costs.

4. In any event, the cancellation of the licence shall be done by means of a reasoned agreement and after hearing of the parties concerned.

Section 2. Substance and Resolution

Article 106.

1. Within three months of the initiation of the file, owners representing two-thirds of the total number of owners concerned and 80 per 100 of the repairable area may make a project of repair, which must be admitted and processed, even if it is not complete, provided that it is in line with the Law and planning and contains, at least, with due precision, the criteria for defining, assessing and awarding the resulting properties.

For the computation of these majorities, the owners of soil outside the polygon, occupied for the execution of general systems, must participate in the repair of the polygon, and the occupied areas. to such owners.

2. If the draft submitted is incomplete, in accordance with Article 82 of this Regulation, before the initial approval is given, the Acting Administration shall grant a period of not more than two months for the persons concerned to complete.

Article 107.

1. If the period of three months provided for in the preceding Article is elapsed or if the period of time before the end of the period concerned, the persons concerned shall express their intention not to make use of the right granted to them in that provision, and in any case where they are not complied with. the conditions set out therein, the Acting Administration shall, without delay, agree that the draft shall be drawn up on its own initiative within a period of not more than six months.

2. Project drafting may be carried out:

a) By the City Council's own services or Acting Administration.

b) By a Technical entitled superior or specialized company, by any of the forms of contracting admitted by the legislation in force. In such cases the project must be endorsed, prior to its initial approval, by the relevant City Council service or Acting Administration.

3. In the event that a project submitted by an interested party without the conditions set out in the previous article is met, it deserves the agreement of the City Council or the Acting Administration, prior to the report of the corresponding services, its initial and subsequent approval may be agreed upon.

Article 108.

1. Initially approved a project of repair, will open a period of one month for public information and audience of the interested ones with personal summons. This procedure must be announced in the "Official Gazette" of the province, in the bulletin board of the City Council and in a newspaper of the province of current circulation in the town.

2. Failure to appear in this procedure shall not be an obstacle to the admission of the proceedings against the final decision of the file, but in no case may it justify the retroactive action of the proceedings.

Article 109.

1. The competent authorities of the City Council or the Acting Administration shall issue a report on the claims submitted during the procedure, within a period of not more than one month.

2. If, in accordance with this report and following the arguments put forward, the project is rectified, the interested parties affected by the proposed corrections shall be heard for a period of 15 days.

3. Where, as a result of the arguments put forward and the report of the services, the body responsible for the final approval of the repair has agreed to rectify the project, in terms of substantially affecting its general content or the majority of the parties concerned will need to repeat the hearing procedure to all interested parties in the course of the month.

Item 110.

1. The report and, where appropriate, the contradictory argument, as provided for in the previous article, will be definitively approved, and the project of repair will be definitively approved.

2. Approval may occur:

a) Pura and simply.

b) With corrections that are unequivocally expressed and are definitively incorporated into the project.

3. Where the project has been submitted by the parties concerned, the refusal or approval with corrections shall be reasoned.

4. The refusal of the project shall require the Administration to approve another, within a period of not more than three months.

Article 111.

1. The final decision to be taken shall be notified to all interested parties and published in the same manner as provided for in Article 108 of this Regulation for the processing of public information.

2. A copy of the resolution shall be forwarded to the Provincial Planning Commission, if it is not the same as the one adopted by the agreement.

Article 112.

1. The approval agreement of the repair will be impugable in administrative way, in all its aspects.

2. In the case of administrative proceedings, it shall be contested only by absolute nullity of the procedure or in order to determine the compensation to which it applies.

3. In cases of invalidity, the Court shall confine itself to ordering the action to be taken at the appropriate time.

4. In other cases, provided that the Court appreciates the existence of damage to the appellant, it shall fix the corresponding compensation and the persons who must satisfy it, without affecting the effectiveness of the repair agreement, as regards the the definition of ownership of the resulting properties.

Section 3. Formalization and enrollment

Article 113.

1. Once the final approval of the repair is signed on the administrative basis, the Agency which has adopted it shall notify all the parties concerned and shall grant public deed or issue a document with the requirements laid down for the minutes of their agreements, with the following content:

a) Description of the old properties, according to the titles provided, with the corrections coming, and in default of titles, according to plans. Charges and charges, conditions, replacements and other rights affecting them shall be expressed; the respective owner, if known; the amount of his right in the repair and the criterion used to define and quantify it.

When they participate in the repair of soil owners to the polygon, they will also describe the farms that were occupied.

(b) Description of the resulting properties, including, where appropriate, those corresponding to the administration of 10 per 100 of the average utilization, holders to whom they are awarded, and the concept in which they are awarded.

It shall be expressed in respect of each farm the former to which it corresponds or the right that gives rise to the award; as well as the charges and encumbrances, conditions, substitutions and other rights that affect them for not being incompatible with the planning.

c) Localization of the required cession land and reserves that the plan establishes.

(d) The amount of the balance of the provisional settlement account with which each of the farms awarded is taxed.

2. The public deed or administrative document provided for in the notarized number 1 of this article will be entered in the Land Registry.

3. Any additional legal operations which do not object to the project of repair or to the plan to be implemented shall be approved by the acting urban body, which shall carry out a document with the requirements and The formal provisions of Article 1 of this Article, which shall be noted in a notarized form or in public writing. One or another document will be entered in the Land Registry.

Article 114.

The registration of the repair agreement will take place as follows:

(a) The registrable sheets corresponding to the old farms with extinction of all the rights incompatible with the execution of the planning will be cancelled. On the farms corresponding to other results, an indication of the new registration sheet will be made, which will be opened to the resulting correlative estate. In the same way, the registration sheets corresponding to the farms occupied for the execution of the general systems will be cancelled when their holders are awarded in the unit repaired.

(b) A new registration sheet shall be opened for each and every property resulting from the award, including those which are in favour of the municipal property of the soil or are affected by any public service.

c) In the registration of the resulting properties that correspond to other previously registered ones, the record will be expressed as an indication of the registration cancelled due to the effect of the repair.

d) In the remaining, a first-entry seat will be practiced.

(e) The charges and charges that remain or are established on the resulting farms and other circumstances that may affect the registered entitlements, in accordance with the mortgage legislation and, in any case, shall be recorded. the amount of the settlement balance, for the purposes of Article 100 (1) (c) of the Soil Law.

CHAPTER V

Abbreviated procedures

Section 1. Voluntary repair

Item 115.

1. The proposal for repair, formulated by the affected owners and formalized in public deed, will be submitted to public information for 15 days and informed by the corresponding municipal services.

2. When the final approval is received, no new formalization will be necessary, sufficient for the registration in the Land Registry, with the presentation of the said deed and certification of the agreement of its approval.

Section 2. Rerepair simply economic

Article 116.

When, pursuant to Articles 125.2, of the Law of Soil and 74 of this Regulation, it is necessary to limit its effects to the determination of the replacement allowances which come between the affected, the following rules apply:

(a) The project documentation shall be reduced to that expressed in paragraphs (a), (b) and (e) and flat (s) (f), f.2, and f.3 of Article 82 of this Regulation.

b) The hearing period shall be 15 days.

c) The final approval agreement shall be impeachable before the litigation-administrative jurisdiction, in the ordinary form and without any limitation.

(d) The agreement shall be formalised and protocolised in the same way as that provided for in Articles 113 and 114 of this Regulation, but not including the description of the farms concerned.

e) The Registrar of the Property shall be limited to cancelling the marginal notes which it has extended, in accordance with Article 102 of this Regulation, and to take account of the amount of the balances of the provisional settlement account which have been assigned to the holders of registered farms for the purposes of Article 100 (1) (c) of the Soil Law.

Section 3. Standardisation of farms

Article 117.

1. The procedure laid down in this Section will be applied as long as the redistribution of the benefits and burdens of management between the owners concerned is not necessary, but the physical configuration of the farms must be regularised. adapt it to the requirements of planning.

2. It may be agreed at any time, ex officio or at the request of an interested party.

3. In all cases not expressly provided for in this Section, the rules of the general repair procedure shall be taken into account as soon as they are applicable.

Article 118.

1. Standardisation may be done by whole or part of apples.

2. It shall be limited to defining the new boundaries of the affected farms, in accordance with the planning, provided that it does not affect the value of the farms, in proportion to more than 15 per 100, or to existing buildings.

3. The percentage of excess or defect that may represent the modification of the boundaries will be determined by the urban value of the farms.

4. If a difference of more than 15 per 100 of the value of the resulting properties is assessed, the conversion of the performances into a general repair procedure shall be decreed.

5. Differences not exceeding 15 per 100 shall be offset in cash, in accordance with the average urban value of the farms concerned.

Article 119.

1. The project for the normalization of farms will contain the following documents:

a) Supporting memory.

b) Relationship of affected owners and stakeholders.

c) A parcel of information, at scale 1/500.

d) Plano of normalized farms, on the same scale.

e) Economic compensation account, when applicable.

2. The project shall be accompanied by the appropriate registration certificates of ownership and charges and, in the case of non-registered farms, the evidence of the supporting titles of the respective entitlements.

Article 120.

1. If the standardisation is to be agreed upon at the request of a party, accompanied by the relevant project, the City Council shall publish the agreement in the manner provided for in Article 108 of this Regulation and shall give a hearing and hearing to the other known stakeholders, 15 days time limit.

2. In other cases, the City Council shall carry out the same publication and require the persons concerned to submit a draft, no later than two months after which, at the same time, it shall have its own office at the same time.

3. The draft submitted, or drawn up on its own initiative, shall be given to the parties concerned for a period of 15 days and shall be forwarded to the relevant departments for a further 15 days.

Article 121.

1. Approved the normalization, the agreement will be protocolized notarially and will be referred ex officio to the Registry of the Property for its timely taking of reason.

2. The Registrar shall be limited to the entry of the new physical configuration of the registered farms, without the seat being practised in any other way affecting the existing entitlements.

3. The system of remedies against the standardisation agreement shall be as set out in Article 112 of this Regulation.

CHAPTER VI

Effects

Section 1. Legal/real effects

Item 122.

1. The repair agreement will produce, by itself, the subrogation, with full real effectiveness, of the old ones by the new plots, provided that the correspondence between some and others is clearly established.

2. Where the actual subrogation is operated, the existing entitlements on the former estates shall be referred to, without any continuity solution, to the resulting correlative estates awarded, in their same condition and conditions, without prejudice to the extinction of rights and charges that are incompatible with planning.

3. Where there is no exact correspondence between the estates awarded and the old ones, the agreement shall constitute an original acquisition title in favour of the successful tenderers and they shall be fully owned by the successful tenderers, free of any charge which does not is derived from the agreement itself.

4. This same rule shall apply in cases of pro-undivided awards or with substantial modification of the conditions of the original entitlement.

Article 123.

1. In cases of actual subrogation, if rights or charges are deemed incompatible with the Planning, the repair agreement must declare it so and fix the corresponding compensation, without prejudice to what is in its day the ordinary courts in this respect.

2. In such cases, the Registrar shall confine himself to the entry in the relevant seat and the persons concerned may refer to the competent court for the purposes of Article 101 (3) of the Soil Law.

3. In the case of farms on which the principle of actual subrogation does not operate, the extinction of the duties and charges shall be produced by virtue of the repair agreement.

Article 124.

1. The firm in the administrative way of the repair agreement will determine the cession of the right to the Municipality in which it acts, in full control and free of charge, of all the land that is of compulsory cession, according to the Plan, for its incorporation to the Municipal property of the soil or its affectation to the intended uses therein.

2. The land that the plan goes to in the municipal public domain will be affected without further formalities.

Article 125.

With respect to the rights and charges to be extinguished and to the plantations, works, buildings, installations and improvements to be destroyed, the repair agreement shall have the same effect as the occupation act for purposes Expropriations.

Article 126.

1. The resulting properties will be affected, with real character, to the payment of the balance of the settlement account of the approved repair project that is assigned to each one.

2. This condition shall be preferred to any other and to all previous mortgages and charges, except for claims in favour of the State referred to in Article 1.923 of the Civil Code and other tax credits in favour of the State, which are defeated and not satisfied and have been recorded in the Register before the condition to which the present article refers.

3. The condition shall be cancelled at the request of an interested party, to which the certification of the acting Authority is accompanied by an express payment of the final settlement account relating to the farm in question.

In any case the condition shall expire and must be cancelled after two years of the balance of the final settlement, and if I shall not be recorded, seven years after the notice of the condition has been extended. The cancellation shall be made at the request of an interested party or of the trade in any other seat or issue of certification relating to the farm concerned.

Section 2. Economic Effects

Article 127.

1. Items comprising the settlement account for each individual concerned shall be offset when they are of a different sign, only the resulting balances being payable.

2. The balances of the settlement account of the project shall be deemed provisional and shall be considered as a good account until the final settlement of the repair is approved. Errors and omissions which are to be noted, as well as any corrections which are estimated to be made, shall be taken into account in the final settlement, but shall not suspend the enforceability of the provisional balances approved with the project.

3. The balances owed by the successful tenderers may be offset by the transfer of land, subject to agreement with the parties concerned, in accordance with Article 122.2 of the Soil Law.

4. To all intents and purposes the balances of repair shall be deemed to be liquid and payable debts between each of the persons concerned and the current administration. In the event of default, the award path will proceed.

5. Where circumstances advise, the Administration may agree to any deferrals or payment instalments it considers to have been made, provided that other general or mandatory rules do not prevent it.

Article 128.

1. The final settlement of the repair shall take place at the end of the housing development of the repairable unit and, in any case, no later than five years after the approval of the repair.

2. It shall have exclusively economic effects and shall not affect the actual ownership of the land.

3. The final settlement shall take into account:

(a) The prorratable charges and expenses among the successful grantees of farms that have occurred after the repair agreement.

b) The errors and omissions that have been reported after that agreement.

(c) Rectiations imposed by subsequent administrative or judicial decisions.

4. If, after the final liquidation, new administrative or judicial decisions are taken, with effect on the economic interests of the persons concerned, the execution of such decisions shall take place in a new file and different.

Article 129.

The final settlement shall be drawn up by the Acting Administration and shall be notified, published, processed and approved in the same way as the project of repair.

Article 130.

In accordance with the provisions of Article 102 of the Law of Soil, all acts included in the repair that comply with the requirements laid down in this Regulation shall be exempt on a permanent basis from the General Tax (a) on Proprietary Transmissions and Documented Legal Acts and shall not have the consideration of transmissions for the purpose of levying the arbitration on the increase in the value of the land. Where the value of the solar energy awarded to an owner exceeds the value of the land in proportion to the land provided by the owner, the excess amounts shall be rotated.

TITLE IV

Valuations

CHAPTER FIRST

Common Provisions

Article 131.

Land assessments shall be carried out in any event according to the criteria set out in the Soil Law.

Article 132.

Land assessments shall be carried out taking into account only the initial and urban values.

Article 133.

When the values taken as the basis for the tax clearance of the corresponding transmission are higher than those declared in the title referred to in Article 109 of the Law of Soil, those shall be taken into account. either the date of the title.

Article 134.

Whenever the value assigned to a parcel in which the owner has cost some urbanization works, not in contrast to plans in force at the time of execution, is less than the sum of the initial and the part of the Proportional to the current value of the works, it shall be completed to cover the amount of the two subcommands.

Article 135.

The justiprice of the farms taxed with loads, when the participation of the holders of the rights concurrent with that of the domain in the economic content of those comes determined taxatively by the rules to be refers to Article 111 of the Law of Soil, which must be carried out separately by each of those, in order to distribute it among the interested parties.

If the valuation is taken as a whole, once the Justiprice has been entered in the court, any of the rightholders on the expropriated estate will be able to request the distribution of the Justiprice in this judicial way. among the stakeholders.

Article 136.

Valuations will be understood as referring to:

(a) Where the compulsory expropriation is applied, at the time of initiation of the individual case-price case or of exposure to the public of the expropriation project when the joint assessment procedure is followed.

(b) In the case of repair or compensation, at the time of the initial approval of the project for the repair or submission of the draft compensation to the hearing procedure prior to its approval.

Article 137.

1. The value of the plantations, works, buildings and facilities that exist in the soil will be determined according to the criteria of the Law of Forced Expropriation.

2. Where the value of the items listed in the previous paragraph has been weighted in the gross yield estimate for the purposes of determining the initial value or fixing the urban value, the value of the items shall not increase of the building.

3. In the determination of the lessor compensation, the criteria of Article 43 of the Compulsory Expropriation Act will be used and the following circumstances will be taken into account:

A) On rustic leases:

a) The tenant's main economic activity character.

b) Difficulty replacing such activity.

c) The amount of the grower's benefit set in the calculation of gross yield.

d) Value of the mechanical elements of the lease used on the holding.

e) Having the tenant their usual domicile on the leased estate.

B) In urban leases:

(a) Difficulty to replace the lease under similar conditions and in particular as a result of the difference in income.

b) The cost of travel expenses for licenses, ports, new contracts, etc.

c) Value of the improvements made to the building when its perception corresponds to the tenant.

Article 138.

1. The valuations will be valid for ten years.

2. Where actual and non-speculative circumstances cause significant variations in the land market or in the general economic situation, the Justicprices shall be reviewed, either on their own initiative or at the request of any owner concerned.

3. The following shall be considered as the basis factors for the review of the valuations, in addition to the general weighted index of wholesale prices published by the National Statistics Institute:

a) Alteration of the production costs and prices of the weighted products in the determination of the initial value.

b) Altering of construction costs or increase of more than 15 per 100 in the determining elements that serve as the basis for the determination of the urban value.

CHAPTER II

Initial value

Article 139.

Land classified as non-urbanizable soil shall be assessed according to the initial value.

Article 140.

1. The initial value of a predium or cultivation unit, for the purposes of the Soil Law, shall be determined:

a) For the gross yield that corresponds to the rustic holding or that is naturally susceptible.

b) By their average value for sale for the purposes of their agricultural holding.

In no case shall it be possible to take into consideration values or yields that have direct or indirect relation to the possible urban use of land.

2. In the rustic yield, the agricultural, forestry, livestock, hunting, and any other similar shall be estimated.

3. Among the yields of which a founder is naturally susceptible, the results of transformations which can be operated with the normal means, both mechanical and technical or capital, which exist for the development of the agricultural exploitation and conducive to the maximum use of land fertility, but not hypothetically resulting from an alleged application of extraordinary means.

4. In the cultivation units directly operated by the owners, the award of the condition that must be attributed to them in the case of forced expropriation will also be established.

Article 141.

The gross yield or income of the land, to determine the initial value of a seed or crop unit, shall be that obtained by deducting from the value of the actual or potential average gross product of the previous five years, the amounts corresponding to direct or indirect operating expenses plus the benefit of the farmer's grower or income. The figure thus obtained will be capitalised to the legal interest rate of the money.

Article 142.

The average value for sale, for purposes or on the basis of its agricultural, livestock, hunting, mining or any other exploitation, shall be determined in the light of the prices of similar farms for their gross performance, situation, and size.

Article 143.

1. Where the initial value to which the above criteria is applied is lower than that which is recorded in cadastral valuations, municipal indices or other approved public estimates, the highest of those that are available shall prevail. the terrain.

2. For the purposes of the preceding number, only the following public estimates shall apply:

a) The land-cadastral value, noted in the territorial contribution.

(b) The liquidations practiced for the purposes of the General Taxes on Successions and Transmissions and Documented Legal Acts, two years in advance, at least, at the time of the assessment.

c) Municipal indices for the purposes of land value increase tax.

(d) Other items carried out on the basis of the use made in Article 104 (2) of the Soil Law.

CHAPTER III

Urban Value

Article 144.

Land classified as urban or urbanizable land in all its categories will be assessed according to the urban value. The appraisals shall have as their limit the initial value, which shall prevail over the town planning where it is lower.

Article 145.

The urban value of land shall be determined for the purposes of the urban territorial contribution, provided that the following requirements are met:

(a) That the conditions of use and volume considered for the determination of the basic value of the land in the aforementioned contribution correspond to those of the urban planning in force at the time of the assessment, to which Effect will be requested from the Delegation of Finance respective comprehensive certification of the proposals and agreements formulated.

(b) that from the date of the tax assessment the period of five years referred to in Article 26 of the recast of the urban territorial contribution has not elapsed.

Article 146.

When the values for the urban contribution have not been determined or when the circumstances of the urban planning have changed after the time of the urban contribution, or when the time limit has elapsed five years indicated in the previous article, the use to be taken into account in determining the urban value shall be as follows:

(a) On unscheduled land-based land and the suitable for urbanisation, the use resulting from the use and intensity of occupation of the land, determined in the general plan or in the subsidiary and complementary rules of the planning.

(b) In the programmed land, the use of the sector, after having been deducted, where appropriate, the excess over the average utilization of all the scheduled land-based land.

c) In urban land, the use permitted by the plan or, where appropriate, the average utilization resulting from the repair or compensation in the polygon or acting unit concerned, and in the absence of the plan, the use of three cubic metres per square metre, for any use.

Item 147.

The individual value of each parcel may be increased or decreased by a maximum of 15 per 100, applying to the value obtained in accordance with the two preceding Articles, the correction coefficients corresponding to the circumstances, degree of urbanization and intrinsic characteristics of those, in terms of the following articles.

Article 148.

For the purposes of the preceding article, an influence fund of existing urban services shall be understood, with the exception of forecast other than planning, the 100 meter measured from the alignment of the existing road networks at the time the urbanization works are executed. Out of these limits existing urban services should not be weighted to the effects of the degree of urbanisation.

Article 149.

A plot is considered to have a normal degree of urbanization when it meets the following characteristics:

a) Streets with driveways and pavements paved.

b) Water allocation between 50 and 100 cubic meters per hectare per day, with water distribution network with foot-of-parcel service.

c) Sanitation network with foot-of-parcel service.

d) Low voltage electrical power distribution network with parcel foot service.

e) Public street lighting network.

Item 150.

It may be estimated as factors of increase in the urban value of the land, up to the maximum percentages indicated, the following circumstances:

a) Water supply exceeding 100 cubic meters per hectare per day, 2 per 100.

b) A sewage station connected to the sanitation network, 6 per 100.

c) Gas installation, 2 per 100.

d) Phone installation, 1 per 100.

e) Installation of thermal power station and distribution network, 3 per 100.

f) Ornamental gardening in vials and free spaces, 1 per 100.

Article 151.

They may be considered as factors of decrease in the urban value of the land, up to the maximum percentages indicated, the following circumstances:

a) Lower-than-normal expirations needs on the road network, 1.50 per 100.

b) Deficiencies in paved roads on the streets, 2 per 100.

c) Deficiencies on pavements paved, 3.5 per 100.

d) Water supply less than 50 cubic meters per hectare per day, 1 per 100.

e) Deficiencies in the water distribution network, 1 per 100.

f) Deficiencies in the sanitation network, 2 per 100.

g) Deficiencies in the public lighting network, 1.50 per 100.

h) Deficiencies in the low voltage power distribution network, 2.5 per 100.

TITLE V

Take Action Systems

CHAPTER FIRST

System determination

Article 152.

1. The execution of the polygons or performance units shall be performed by any of the following performance systems:

a) Compensation.

b) Cooperation.

c) Expropriation.

2. Compensation and cooperation shall be the preferred systems of action, except where reasons of urgency or duly motivated need require the application of the system of expropriation.

3. The system of action shall be determined either in the plan or in the urban planning action programme and, failing that, when the polygon or acting unit is defined.

Article 153.

When the system of action is determined for each of the polygons or units of action, their viability must be justified according to the needs, economic and financial means provided by the Administration, collaboration of the private initiative and the other circumstances that are present in each polygon.

Article 154.

If the plan or programme of urban planning does not contain either the delimitation of the polygons or the determination of the system, it shall be established in the same procedure for the delimitation of the polygons.

Article 155.

1. The system of action laid down in the plan or programme for urban development or set out in the definition of the polygon or unit of action may be replaced, ex officio or at the request of the persons concerned, subject, in any case, to the same formalities. than those set out in this regulation for the delimitation of polygons.

2. If the system is established in the plan or programme of urban planning, the impact of the change of system in the economic-financial study will have to be analyzed.

Article 156.

The application of the expropriation system as a substitute for the compensation, for failure to comply with the obligations of the Compensation Board or the sole owner, will be determined by the Administration, prior to the file in the the causes of the non-compliance are identified and the Board or sole owner is heard.

CHAPTER II

Compensation System

Section 1. General provisions

Article 157.

1. The system of compensation is intended to manage and implement the urbanization of a polygon or unit of action by the same owners of the soil within its perimeter, with solidarity of benefits and burdens.

2. Soil owners included in a polygon or acting unit by the clearing system, and those on the ground outside the polygon occupied for the execution of general systems, which are required to participate in the polygon or unit concerned, must be a Compensation Board to be able to apply the system.

3. Except for the requirement of the previous number, the assumption that all land belongs to a single owner. If all grounds belong to a pro-undivided community, the community shall be regarded as the sole owner for the purposes of the clearing system, if there is no opposition from any of the owners.

In another case, it will be necessary, in order to apply the system, to constitute Board of Compensation, according to the general rules, understanding that the requirement of the percentage of surface will be fulfilled when the 60 per 100 of the quotas of interest in the indiviso. Similarly, there will be discrepancies between the co-owners in the course of the implementation of the scheme for the implementation of the plan.

Article 158.

1. Where the clearing system is established in the plan for a given polygon or unit of action and has elapsed three months since its final approval without the owners representing at least 60 per 100 of the area of those who have submitted the draft statutes and bases of action, in the terms provided for in Section 3 of this chapter, the acting urban administration will require all the owners concerned to present them in the three-month period. The draft statutes and the basis for action shall be formulated by owners representing at least the indicated proportion of the total area of the polygon or unit of action.

2. If, notwithstanding the requirement, the owners do not submit the documents expressed, the Acting Administration shall replace the system of compensation for any of those laid down in this Regulation for the implementation of the plans, following the formalities laid down in Article 155.

Article 159.

1. Where the system of compensation is not determined in the plan, the application for application of that system shall be made in the procedure for the delimitation of the polygon.

2. The application must be signed by owners representing at least 60 per 100 of the area of the polygon or unit of action, and shall be transferred by personal or individual notification to the other owners, with the right to be part of the Board of Compensation, giving them a period of not less than 15 days so that they can make the claims that they agree to.

For the calculation of the expressed percentage, the occupied areas shall be taken into account for general systems to owners of soil outside the polygon, who have to make their rights effective in the polygon.

3. The claims shall relate to the calculation of the area of the land of the applicants, the legality of their property titles or any other cause which may impede the mandatory application of the system.

4. The claims will be received within a further 15 days to the initial applicants. The Acting Administration shall agree to the application of the system if the required area ownership is justified.

Article 160.

1. By way of derogation from the foregoing Article, land holders whose area does not represent 60 per 100 or more of the polygon or unit of action may also call for the application of the system of compensation in the delimitation of the polygon.

2. The Acting Administration shall process the application in the terms of the previous article.

3. When the application is dealt with and the arguments of all those appearing in the file are analysed, the administration will determine the application of the compensation system when the application has been adhered to during the period of allegations. owners of land whose surface, together with that of the petitioners, is greater than 60 per 100 of the total of the polygon or unit of action.

Section 2. Constitution of the Board

Article 161.

1. The procedure for the establishment of the Board of Compensation shall be initiated by agreement of the Acting Administration for which the draft statutes and the basis for action are initially approved and subject to public information.

2. The drafting of the draft statutes and the basis for action shall be for the owners concerned to bring together the percentage of the area resulting from the application of the compensation scheme.

3. The initial approval agreement, with the draft statutes and the basis for action, will be published in the "Official Gazette" of the province and will also be notified individually to all the owners affected by the action system, in The notification shall be notified of the 'Official Gazette' in which the agreement is inserted. They shall be owners affected either of the land covered by the polygon or the unit of action or of the soil intended for general systems which have to make their right to such a polygon or unit of action effective.

Article 162.

1. For a period of 15 days from the date of notification, the owners may make representations to the Administration in respect of claims that they agree to and, where appropriate, request their incorporation into the Board.

2. Claims may also be made by those who are not affected owners within 15 days of the publication in the "Official Gazette" of the province.

3. After the time limits for the arguments referred to in the earlier numbers, the Acting Administration shall definitively approve the statutes and the bases of action with the amendments which, where appropriate, shall be carried out and appointed by its representative. in the governing body of the Board.

4. The final approval agreement shall be published in the "Official Gazette" of the province, expressing, if any, the amendments made to the statutes or the basis of action. It shall also be notified individually with the same content to the owners referred to in the previous Article 3 (3) and to those who have appeared in the file.

5. The notification of the final approval agreement shall require those who are the owners concerned, in the terms of the previous Article 3 (3), and have not applied for incorporation to the Board, in order to do so, if they so wish, within one month, counted from the notification, with the expropriation warning provided for in Article 127 (1) of the Soil Law. Such a procedure shall not take place when all the owners have initially applied for or in the procedure provided for in issue 1 of this article their incorporation into the Board.

Article 163.

1. After the time limits referred to in the previous article, the Acting Administration shall require the persons concerned to constitute the Board of Compensation, by means of public deed in which they shall appoint the charges of the governing body, which shall have of necessarily relapse into natural persons.

2. The board shall be composed of the owners of land which have accepted the system, by the public entities holding goods included in the polygon or acting unit, whether they are demanial or patrimonial, and, where appropriate, by the urbanizing companies to be incorporated.

3. They shall also be entitled to form part of the Land Owners ' Compensation Board for general systems where their rights in the polygon subject to this system are to be effective.

4. In the instrument of incorporation, it must be stated:

a) Relationship of the owners and, where appropriate, town planning companies.

b) Relation of the farms of which they are the holders.

c) Persons who have been designated to hold the office of the governing body.

d) Agreement on the constitution.

5. Owners or interested parties who do not grant the deed may consent to their incorporation in writing of accession, within the time limit specified.

6. An authorised copy of the writing and the accessions shall, where appropriate, be transferred to the acting urban organ, which shall, if appropriate, adopt an approval in a period of 30 days.

7. Approved the constitution, the acting body will raise the agreement together with the authorized copy of the writing to the Provincial Delegation of the Ministry of Public Works and Urbanism, for registration in the register of urban entities partners.

8. Once the Board of Compensation is registered, the Delegation of the Ministry of Public Works and Urbanism shall notify its President.

Article 164.

Of the incidents that occur in the Board of Compensation, such as modification of appointments in the governing body, incorporation of planning companies and any other affecting the composition of the Board or of its management bodies, shall be transferred to the register of collaborative urban entities through the Acting Administration.

Article 165

1. At any time, it may be possible to join the Board of Compensation of the town planning companies that have to participate with the owners in the urban management of the polygon or unit of action.

2. If the incorporation takes place after the incorporation of the Board, it must be carried out in accordance with the provisions of the statutes, and if they do not contain a sufficient determination, the modification shall be specified, the procedure for the approval of the statutes.

Section 3. Statutes and bases of action

Article 166.

The statutes of the Compensation Boards shall contain at least the following circumstances:

a) Name, address, object, and purpose.

(b) Urban organ under whose tutelage it is acted.

c) Expression of the polygon or acting unit that constitutes its object.

d) Duration.

e) Conditions or requirements for joining the Board, which may not be more burdensome for owners than for others. The co-holders of an estate or right shall designate a single person for the exercise of their powers as a member of the Board, responding jointly and severally to that person from any obligations arising out of his or her condition. If they do not appoint a representative within the time limit, the acting body shall appoint the representative.

When farms belong to minors or persons who have limited capacity to act, they will be represented on the Compensation Board by those who have the legal representation of them.

f) Conditions or requirements for joining the Town Planning Board if the possibility of their participation is expressly foreseen. These will be represented by a single person.

g) Governance and administration organs, how to designate them and the faculties of each one.

(h) Requirements of the convening of the governing bodies, and administration, requirements and form of the adoption of agreements, minimum quorum and the form of counting votes, with the expression of cases in which they are proportional to the the right or economic interest of each member and those other in which the vote is individualized.

i) Rights and obligations of its members.

(j) Economic means and rules for the levy of contributions which may be agreed in an ordinary or extraordinary manner.

k) Expression of the resources that under the Law are brought against the Board's agreements.

l) Rules on dissolution and settlement.

Article 167.

1. The basis for action shall contain the following determinations:

(a) Criteria for valuing the farms provided, which may be different from those established for the repair in the Law of Soil, when it is agreed unanimously.

(b) Criteria for the assessment of real rights on farms, personal rights and personal rights that may be constituted by reason of them.

c) Assessment criteria for buildings, works, plantations and installations to be destroyed or demolished.

d) Criteria for assessing the contributions of urbanizing companies.

e) Procedure to contract the execution of the works in urbanization and, where appropriate, the construction works.

f) Criteria for the valuation of the resulting farms according to the use of the polygon or unit of action.

g) Rules for the award of land to the members of the Board in proportion to the goods or rights provided, expressing the criteria for the award in community, if applicable.

(h) Allegations of non-compliance with the obligations of the members of the Board of Compensation that will result in the expropriation of their assets or rights.

i) Rules for assessing the buildings to be built when the Board is empowered to build and criteria for the fixing of the sale price to third parties.

(j) Form and time-limits in which land owners or holders of other rights are to make contributions to the Board, either in cash or in land or in industry, where appropriate.

k) Rules for profit and loss distribution.

l) Supositions of cash compensation in award differences.

m) The time when it could be built on solar units contributed or awarded by the Board, by the owners or by the town planning companies, without prejudice to the application for a license to the city council in whose territory the action.

n) Form of levy of conservation fees, if applicable, until the dissolution of the Board.

2. The basis for action may also contain any additional determinations which are deemed appropriate for the proper implementation of the system and the development works, including by pointing out the minimum technical characteristics to be used. to be collected in the urbanisation projects that are drawn up.

Section 4. Effects of the constitution of the Board of Compensation

Article 168.

1. The Board of Compensation shall consist of all land within the polygon or unit of action which shall be directly affected by the obligations inherent in the system.

2. Land owned by those who have not been incorporated into the Board shall be expropriated, with the benefit of the expropriation being attributed to it.

This same rule will be observed with respect to the entitlements of the owners who have the right to be part of the Compensation Board as prevented by Article 163, 2 of this Regulation and do not accept the system.

Article 169.

1. In compliance with the provisions of Article 129 of the Law of Soil, the condition of the land covered by a polygon or a unit of action in compliance with the obligations inherent in the system of compensation shall be recorded by note marginal in the Property Registry.

2. This note shall be extended at the request of the Board of Compensation, with the contribution of administrative certification of having constituted the Board of Compensation and of being the property included in the polygon or unit of action.

3. The note shall produce the same effects as referred to in Article 102 of this Regulation for which it is laid down in the repair procedure.

Article 170.

In the instruments to be granted for the transmission of the domain of the farms in favor of the Board or for the groups of farms referred to in the preceding article, the public domain goods shall be recorded. they could exist in the polygon or acting unit, expressing their surface and situation.

Article 171.

The transmissions of land that are carried out as a result of the formation of the Board of Compensation for the contribution of the owners of the polygon or unit of action, in the event that the statutes so dispute or by virtue of compulsory expropriation, and the adjudications of the sunscreens which are carried out in favour of the owners members of those boards and in proportion to the land incorporated by those shall be exempt, on a permanent basis, from the tax General on Heritage Transmissions and on Documented Legal Acts, and will not have the consideration of transfer of domain to the effects of the charge of the arbitration on the increase of the value of the land. Where the value of the solar energy awarded to an owner exceeds the value of the land in proportion to the land provided by the owner, the excess amounts shall be rotated.

Section 5. Compensation Project

Article 172.

According to the criteria set out in the basis of action, the Board will formulate a compensation project that will contain the following determinations:

a) Description of the old properties, according to the titles provided, with the corrections coming, and, in default of titles, according to plans. Charges and charges, conditions, replacements and other rights affecting them shall be expressed; the respective owner, if known, the amount of his right in the compensation project, and the criterion used to define it and quantifying it.

When they participate in the project of compensation owners of soil outside the polygon, the farms that were occupied will be described.

b) Description of the resulting properties, including, where appropriate, those that correspond to the administration of the 10 per 100 of the average utilization, holders to whom they are awarded and the concept in which they are awarded. It shall be expressed in respect of each farm the old one to which it corresponds or the right giving rise to the award, as well as the charges and charges, conditions, replacements and other rights which affect them, as they are not incompatible with the planning.

c) Localization of the required cession land and reserves that the plan establishes.

d) Surfaces or plots that the Board itself reserves, if any, to direct them directly, in order to defray the anticipated expenses of the urbanization.

e) Cash compensations, if they were from differences in the awards.

Article 173.

In the case of the sole owner, the compensation project will be limited to expressing the location of the land of compulsory disposal and the reserves established by the plan, as well as the location of the parcels. buildable, with the indication of those in which the 10 per 100 of the utilization corresponding to the current administration is located.

Article 174.

1. The draft compensation shall be submitted to the Board for approval after hearing all the parties concerned for a period of one month and the corresponding agreement shall be adopted by a majority of its members, which in turn represents two thirds of the quotas for participation. The project thus processed shall be submitted to the final approval of the Acting Administration.

2. In the case of a single owner, the formulation of the compensation project and its elevation to the Acting Administration for approval shall be the responsibility of the latter.

3. Once the draft compensation has been definitively approved, the acting administrative body shall grant a public deed or issue a document with the solemnities and requirements laid down for the minutes of its agreements, with the content of the expressed in Article 113, 1, of this Regulation.

4. The final approval of the draft compensation made by the acting body produces the same legal effects as the final approval of the project of repair. The registration of the agreement in the Land Registry shall be carried out in accordance with the provisions of Article 114 of this Regulation.

5. The complementary legal operations which are the case, which do not object to the compensation project or to the plan to be implemented, once approved by the town planning body, shall be formalized by the Board of Compensation in public deed or in document extended by the acting urban organ, with the requirements and solemnities of the minutes of its agreements, which will be protocoled notarially. Both cases will be entered in the Register of Property.

Section 6. Implementation of the development works

Article 175.

1. The urbanization projects to be drafted for the execution of the works shall be done on behalf of the Acting Administration or the Board of Compensation.

2. The payment of these projects will, in any case, correspond to the Board of Compensation as urbanization expense.

3. The Acting Administration shall have the power to monitor the execution of the works and installations. If any work or installation, or part thereof, is not carried out in accordance with the project, the Administration may order the demolition of the work or the lifting of the facilities and the new execution from the Board of Compensation, who, in turn, may have an impact on the contractor, if applicable.

Article 176.

1. The works of urbanisation which are carried out on the polygon or acting unit by the clearing system shall be carried out by the Board.

2. The procurement for the execution of the works shall be carried out by the Board of Compensation with the undertaking or undertakings to be determined by virtue of agreement with the governing bodies of that company.

3. The contract of execution of the works shall include, in addition to the clauses constituting its typical content, the following circumstances:

a) The commitment of the construction company to carry out the works of total compliance with the duly approved urbanization projects.

(b) The obligation of the undertaking to facilitate the action of the Acting Administration.

(c) Those cases of non-compliance which may result in the termination of the contract, as well as the compensation for failure to comply with the technical characteristics of the works or the time limits for implementation.

d) The retention which, of each partial payment to account, must be made by the Board, in guarantee of the correct execution of the works. These holds will not be returned until the work has been definitively received.

e) The mode and time limits for the Board of sums to be paid by the Board of Directors according to the work performed.

4. If the Board of Compensation has incorporated any town planning company that provides, in whole or in part, the funds necessary to use the land, the execution of the work may be carried out directly by the company if the bases are have been provided for, in which case compliance with the circumstances required by the preceding number shall be ensured.

Article 177.

1. In order to meet the costs of urbanization, the Board may, by means of its disposal, have the land reserved for this purpose in the project of compensation.

2. The Compensation Boards will be able to arrange credits with mortgage guarantees of the farms belonging to the owners members of those for the realization of the works of urbanization. If securities are issued, the provisions for the lodging of the mortgage on the guarantee of the transferable securities by endorsement or bearer shall be fulfilled in Articles 154 and concordant of the Mortgage Law.

3. In order to carry out the acts mentioned in the previous two numbers, the full agreement of the Board of Compensation shall be necessary, except that the incorporation of the levies and the disposal is provided for in the Statutes as the competence of its organs. rectors, in which case they are understood to act on behalf of the latter, without the need for an express agreement.

4. In any event, and even if it is not provided for in the Statutes, the Board of Compensation, through its decision-making bodies, may make available to those who execute the construction site the areas on which the works and other works that need to be occupied during its performance, without any of the rights of the owners in the result of the compensation.

Article 178.

1. The farms resulting from the final compensation agreement shall be taxed, in real terms, at the payment of the amount corresponding to each farm, in the forecast budget of the urbanization costs of the polygon or the unit of action to which it is relates, on its day to the final balance of the account of those costs.

2. This condition shall have the same preference and duration as the one referred to in Article 126 of this Regulation for the account of the restorative procedure, and may be cancelled at the request of an interested party also at the request of the The Board of Compensation shall be certified to be fully paid for the urbanization costs for the farm concerned, certification that the Board may not issue until the works have been received by the Board actuant.

Section 7. Disposal of land and development works

Article 179.

1. The agreement on the approval of the compensation project will result in the transfer of the right to the current administration, in full control and free of charge, of all the land that is compulsory and free of charge according to the plan, for incorporation into the Municipal property of the soil or its affectation to the intended uses therein.

2. By way of derogation from the preceding number, the Board of Compensation and the undertaking which is responsible for carrying out the work of urbanisation may, for this purpose, occupy the land under transfer until such works are completed. by the Acting Administration.

Article 180.

1. The disposal of the works of urbanisation and facilities and endowments whose implementation is provided for in the applicable planning and development plan shall be carried out by the Board of Compensation in favour of the Acting Administration within the of a period not exceeding three months, counted from the final receipt by the Board.

2. The assignment to which the previous number refers may refer to a part of the polygon or unit of action even if the urbanization of that territorial area has not been completed, provided that the already urbanized area constitutes a functional unit directly usable and the final receipt by the Board of Compensation has been produced with respect to it.

3. The disposals of works, facilities and endowments referred to in this Article shall be formalized in minutes to be signed by the Acting Administration and the Board of Compensation.

Section 8. Responsibility of the Board of Compensation and its members

Article 181.

1. Failure by the members of the Board of Compensation for the obligations and burdens imposed by the Law and developed in this Regulation, even where the non-compliance relates to the time limits for fulfilling those duties and charges, will enable to the Acting Administration to expropriate their respective rights in favour of the Board of Compensation, which shall have the legal status of a beneficiary.

2. Where the non-compliance consists in the refusal or delay in the payment of the amounts due to the Board, the Board may choose to request from the Administration the application of the expropriation to the delinquent member or interest of the same the debt collection by the award path.

The amounts received applying this procedure will be delivered by the Acting Administration to the Board of Compensation.

3. None of the procedures referred to in the preceding number may be required until one month after the payment order made by the Board of Compensation.

4. The payment of the amounts due to the Board, with the interest and surcharges that come, made at any time prior to the lifting of the occupation act, will result in the cancellation of the expropriatory file.

5. The expropriation procedure will be established in this Regulation for isolated actions.

Article 182.

1. The Board of Compensation shall be directly responsible, in front of the Acting Administration, for the complete urbanization of the polygon or the unit of action and, where appropriate, the building of the resulting solar systems, where this has been established, and of the other obligations arising from the management plan, the basis of action or of this Regulation.

2. As regards the obligation to urbanise, the liability shall be payable both in respect of the technical characteristics of the development work carried out and the time limits in which it must be completed and delivered to the Administration.

Article 183.

1. Where, in the exercise of his or her duties, the Board of Compensation incurs an offence which has to be classified as serious in accordance with the law, irrespective of the economic penalty applicable, the Administration may withdraw the execute the plan by the clearing system and apply the cooperation scheme, imposing, where appropriate, the repair or imposition of the system of expropriation.

2. In any event, the Board of Compensation may pass on the amount of the fines imposed on it, as a consequence of the responsibilities in which it may have incurred, to those of its members who were directly involved in the commission. of the infringement or have received the benefit derived therefrom.

3. In order to make the impact of the fines on the members of the Board of Compensation responsible for the sanctioned acts or agreements effective, the administration may request the charge for the award.

Section 9. Impeachment of the Compensation Board's agreements

Article 184.

Against the agreements of the Board of Compensation, the interested parties may bring an appeal before the Acting Administration within a period of 15 days, without prejudice to those of an internal nature which, if necessary, establish the Statutes.

Article 185.

Board members may not promote interdics to retain and regain possession in respect of Board of Compensation resolutions, adopted pursuant to the fiduciary faculty of disposition on the estates of those and in accordance with the statutory procedure laid down. Nor shall the interdictal action be taken when the Board of Compensation occupies goods that are accurate for the execution of the development works, in accordance with the plan to be executed.

CHAPTER III

Cooperation System

Section 1. General provisions

Article 186.

1. In the system of cooperation, the owners of the polygon or unit of action contribute the land of compulsory cession, and the Administration executes the works of urbanization.

2. The urbanization costs will be borne by the affected owners. The Administration, holder of 10% of the average, shall participate in such costs in that proportion.

3. The application of the cooperation system requires the repair of the land covered by the polygon or the unit of action, unless this is unnecessary in accordance with the provisions of this Regulation.

4. Building licences may not be granted until the approval of the repair of the polygon or the unit of action is signed on an administrative basis, where appropriate.

Article 187.

1. Where the development works are carried out on a contract basis, the system of concourse shall be of preferential application.

2. If the Acting Administration has set up a town planning company with capital belonging to it or is mainly involved in a Joint Undertaking for the same purpose, the execution of the works may be carried out by such undertakings or Companies, without the need for the tender procedure, whatever the economic value of the work of urbanization.

Article 188.

1. The costs of urbanization will be distributed among the owners in proportion to the value of the farms that are awarded to them in the repair.

2. When the repair is unnecessary, the urbanization costs will be distributed among the owners in proportion to the use of their respective farms.

3. In the case of the previous number, the agreement of the Administration for which the repair is declared unnecessary will produce the following effects:

a) Cession of the right to the Municipality in which it is acting in full and free of charge of all the land of compulsory disposal for its incorporation to the patrimony of the soil or its affectation according to the intended uses in the plan.

(b) Actual impact of the farms on the fulfilment of the charges and payment of the expenses inherent in the cooperation system.

Article 189.

1. The advance payment of the amounts on account of urbanization costs, for the amount corresponding to the investments to be made in the following six months, shall be made within one month of the requirement to be made by the Current administration.

2. On the expiry of that period, the administration may levy the quotas by way of a prize.

Article 190.

1. The Administration may grant fractionations or deferrals of the payment of the urbanization costs at the request of the interested parties.

2. The deferral to be granted shall not exceed five years and the beneficiary shall provide sufficient assurance in the administration's judgment.

3. The deferrals in the payment of the fees will pay in favor of the Administration annually the basic interest rate of the Banco de España.

4. Owners who apply for a license to build before the total completion of the urbanization works will not be able to obtain deferment or fractionation of their quotas.

Section 2. Cooperation administrative associations

Article 191.

1. In the system of cooperation, the owners of the estates of a polygon or unit of action may constitute administrative associations in order to collaborate in the execution of the works of urbanization.

2. The administrative cooperation partnerships shall be formed on the initiative of the owners or the acting administration.

Article 192.

1. The administrative cooperation associations shall be constituted by the owners of goods which are incorporated therein within a polygon or acting unit. Membership of an association shall be voluntary but not more than one in each polygon or unit of action.

2. The rules or statutes by which the association is to be governed shall be subject to the approval of the Acting Administration. Agreed upon, if applicable, the approval, will be entered in the Register of Collaborating Urbanistic Entities.

3. The owners constituted in association shall elect from among them a President, who will have the representation of all and through which the relations with the Acting Administration will be established.

4. The agreements of the administrative association of cooperation shall be adopted by a majority of those present, exercising personal vote.

Article 193.

It will be the functions of the administrative cooperation associations as follows:

a) Offer the Administration suggestions regarding the execution of the plan in the polygon or acting unit in question.

b) Auxiliary the Administration with the supervision of the execution of the works and address it by denouncing the defects that are observed and proposing measures for the most correct development of the works.

c) Collaborate with the Administration for the collection of urbanization fees.

d) Examine the investment of the urbanization fees whose payment has been anticipated, with the appropriate repairs being made to the Administration.

e) Manage the granting of the tax benefits that proceed.

f) Promote with the Acting Administration Joint Enterprises for the execution of urbanization works in the polygon or acting unit.

CHAPTER IV

Expropriation system

Section 1. General provisions

Article 194.

Forced expropriation by reason of urbanism will be adopted for the fulfillment of some of these purposes:

(a) For the execution of the general systems or any of their elements or to carry out isolated actions on urban soil.

b) For the urbanization of polygons or complete units of action, by the application of the expropriation system for the execution of the plan in question.

Article 195.

The failure to comply with the obligations of the owners in the compensation and cooperation systems, in the cases provided for in this Regulation, may result in the application of the compulsory expropriation, in the terms that are set in the same.

Article 196.

1. In any event, the valuation of the expropriated property and rights shall be made in accordance with the criteria laid down in the Soil Law and its regulatory standards.

2. Where public domain goods exist on the demarcated area and the destination of the same according to the planning is different from the one that caused their affectation or attachment to the general use or the public services, the procedure provided for shall be followed. in the State Heritage Act or, where appropriate, in local regime legislation.

3. The rural roads which are covered by the defined area shall be understood as municipal property, unless otherwise tested. In terms of the urban routes that will disappear, they will be understood to be fully transmitted to the Expropriating Body and subrogated by the new ones resulting from the planning.

Section 2. Forced expropriation for the execution of general systems and for isolated actions on urban land

Article 197.

1. Forced expropriation for the acquisition of land and other goods or rights, in order to execute the general systems or any of its elements, will be governed by the procedure of the Law of Forced Expropriation.

To that effect, the expropriating organ or, where appropriate, the beneficiary of the expropriation, will formulate the relationship of owners with description of the goods and rights affected according to the precepts of the Law of Compulsory Expropriation and shall submit it to the public for a period of 15 days for the purposes and consequences of Article 17 of the Law. After the processing of public information, and after analysis of the allegations and corrections that have been made, the Acting Administration will approve the relationship, following the formalities with those who appear in it as owners of the goods or rights.

2. The provisions of the preceding number shall also apply to the expropriations required for isolated actions on urban land.

Item 198.

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 their elements or for performing isolated actions on urban land may be be passed on to owners who are particularly beneficial for urban development through the imposition of special contributions.

2. The special contributions shall be processed in accordance with the procedure laid down in the local legislation, with the specialities contained in Article 198 of the Soil Law.

Section 3. Procedure of the expropriation system

Item 199.

1. The implementation of the Plan by the expropriation system in a given polygon or unit of action will require the Acting Administration, in addition to the delimitation of its territorial scope, to formulate, in accordance with the provisions of the Compulsory expropriation legislation, a relationship of the existing owners in that area, with the description of the goods and rights concerned.

2. For the determination of owners of goods or rightholders in an expropriation polygon, for the purpose of the relationship indicated in the preceding number, it shall be at the level of the public records.

3. The delimitation agreement and the relationship to which the two previous numbers refer shall be subject to public information for a period of 15 days.

4. In the light of the arguments put forward by the interested parties, and in advance of the relevant checks, the final approval of the delimitation will be resolved.

5. If, after the approval of the delimitation, it is established in law that the ownership of a good or a right corresponds to a person other than the one in the file, the subsequent proceedings shall be read with it, without take back the action and do not give rise to the nullity of the action.

Article 200.

1. Once an expropriation polygon is defined, no construction on its surface can be lifted or existing ones modified.

2. However, in specific and exceptional cases, the Expropriating Body may expressly authorise some or some works, the authorization of which shall be given to the City Council for the purposes of granting the appropriate licence, if the Municipal administration is not the expropriation.

Item 201.

1. In the expropriation system, the expropriant may choose between following the expropriation individually for each farm or applying the joint appraisal procedure.

2. If the individual expropriation is chosen for each farm included in the polygon or unit of action, the procedure of the Compulsory Expropriation Act will be followed, but the criteria for valuation will be those established in the Law of the Soil and provisions that develop it.

3. If the Urban Authority is to opt for the joint assessment procedure, the regulated processing shall be followed in the following

:

Article 202.

1. Where the joint assessment procedure is applied, the expropriating authority shall form the expropriation file, which shall contain at least the following documents:

(a) Determination of the polygon, according to the delimitation already approved, with the documents that identify it in terms of situation, surface and borders, accompanied by a situation plan at 1:50,000 scale of the municipal and a parcelary plane at a scale of 1:2,000 to 1:5,000.

b) Pricing with the reasoned classification of the soil, according to its urban classification.

c) Individual Justiprice Sheets for each farm, in which they will contain not only the value of the land, but also the corresponding to the buildings, works, installations and plantations.

(d) Justipricing sheets corresponding to other indemnities.

2. The project of expropriation with the documents indicated will be exposed to the public for a period of one month, so that those who may be interested will formulate the observations and complaints that they consider suitable, in particular as regards to ownership or valuation of their respective rights.

3. The public information will be carried out through the insertion of advertisements in the "Official Gazette of the State", in that of the respective province and in a newspaper of the most circulation in the province.

4. In addition, the appraisals shall be individually notified to those appearing as holders of goods or rights in the file, by means of a literal transfer of the relevant sheet of appreciation and the proposal for the setting of the criteria for assessment, in order to enable them to make claims within one month from the date of notification.

5. Where the Expropriating Authority is not the City Council, it shall be heard for the same term of one month. The period of hearing to the municipal administration may coincide in all or part with that of the persons concerned.

6. Informed the allegations, the file will be submitted to the approval of the Provincial Commission of Urbanism.

7. The decision approving the file shall be notified to the persons concerned with the goods and rights contained therein, giving them a term of 20 days during which they may express in writing before the Provincial Commission of Urbanism their disagreement with the assessment established in the approved file.

8. The Provincial Planning Commission will transfer the file and the contested assessment sheet to the Provincial Jury of Compulsory Expropriation, which has jurisdiction in the territorial area to which the expropriation refers, for the purposes of establishing the This is the case, which, in any case, will be made in accordance with the assessment criteria set out in the Soil Law.

9. If the persons concerned do not object to the assessment within the said period of 20 days, it shall be deemed to have been accepted that which was fixed in the act of approval of the file, the fact being determined definitively and in accordance with it.

Article 203.

1. The resolution of the Provincial Planning Commission will involve the declaration of urgency of the occupation of the affected goods and rights.

2. The payment or deposit of the amount of the valuation established by the Provincial Planning Commission in the act of approval of the file will produce the effects foreseen in the numbers 6, 7 and 8 of article 52 of the Law on Compulsory Expropriation, without prejudice to the possibility of further processing of the resources arising from the fixing of the price.

Article 204.

Unreported and justified errors in the time limit for public information set out in Article 202 (2) shall not give rise to a declaration of invalidity or replacement of proceedings, while retaining the right to be compensation as appropriate.

Section 4. Payment of the Justiprice

Article 205.

1. Where the payment of the price is paid, only cash shall be made, if not entered, to those persons who are interested in providing the registration certificate in favour of which the footnote in Article 32 of the Treaty has been extended. Mortgage Regulation or, failing that, they provide the evidence of their right, completed by negative certifications of the Land Registry referring to the same farm described in such titles. If there are charges, the holders of charges shall also be required.

2. Where there are registered statements contrary to the reality, the Justicality may be paid to those who have rectified or distorted it by any of the means indicated in the mortgage legislation or with the act of notoriety dealt with. pursuant to Article 209 of the Notary Regulation.

Article 206.

1. If the expropriate does not want to accept the Justiprice or does not provide sufficient evidence of the domain or exists in contention with respect to the ownership of the property or right expropriated or, in general, if one of the alleged Article 51 of the Compulsory Expropriation Regulation, the Administration shall record the amount of the Compulsory Expropriation Regulation.

2. The form of entry and the effects, as well as the power of the expropriated to receive the amount up to the limit in which there is conformity, without prejudice to the continuation of the claims initiated, shall be governed by the precepts of the Law of Expropriation Forzosa and its Rules of Procedure.

Article 207.

1. The payment of the Justiprice, both in the expropriations by application of the system of this name and in the individualized ones, will be carried out in cash or according to the expropriated, by permuse with other plots of the beneficiary of the expropriation.

2. In the case of urban development of public promotion in new polygons for the creation of urbanized land, the payment of the Justiprice of the expropriated goods and rights may be carried out by the expropriating Administration, provided that it exists conformity of the expropriates, with parcels resulting from the action itself.

Article 208.

1. The agreement of those administered for payment in parcels resulting from the urbanization will require written offer from the Administration at the request, also in writing, of the particular expropriated.

2. In both cases, the individual or the Administration, respectively, shall communicate to the other party the decision taken within a period of 15 days from the date of the offer or the request.

3. Accepting the payment by the delivery of parcels resulting from the urbanization, the Acting Administration will take up the minutes in which the circumstances of the initial farm and the value assigned in the approval agreement of the Justiprice are recorded.

4. After the urbanization, the payment of the expropriation for the delivery of the new farm will be carried out with a value equivalent to the one entered in the minutes.

5. The expropriating Administration shall grant the corresponding public deed in favor of the expropriated, without any approval or authorization, if any, of the organs of the State Administration.

6. No payment shall be made in the form set out in this Article without the prior request of the expropriated.

7. The estate awarded in payment of the expropriated shall be delivered free of charge.

8. The expropriated, if not in accordance with the valuation of the estate offered to him in payment of the expropriated, without prejudice to the award, he will be able to go to the Provincial Jury of Compulsory Expropriation in order to establish the value of the itself. If the resolution is in favour of the expropriated request, the Administration shall compensate the difference in cash.

Section 5. Inauguration

Article 209.

1. Once the payment or entry has been made, one or more occupation records may be lifted and entered, as one or more registered farms, all or part of the area covered by its action, without the prior registration of all of them being necessary. and each of the expropriated estates. The fact that one of these farms is not registered will not be an obstacle to the direct practice of the registration. In addition to the registration of the grouped farms, and with transfer effects, the appropriate note will be extended.

2. The minutes or minutes of occupation shall be entered in the form of the minutes of payment or the supporting documents for the payment of the fair value of all the occupied farms, which shall be described in accordance with the mortgage legislation. That title, as well as those necessary for the registration referred to in the following Article, shall be accompanied, where appropriate, by the respective plans, one of whose copies shall be filed in the Register.

3. If, in the case of registration, there are reasonable doubts as to whether or not there is any land in the occupied area which is not taken into account in the expropriatory file, without prejudice to the application of the registration, circumstances, for the purposes of the following Article, in the knowledge of the Expropriating Body.

Article 210.

1. After the expropriation file has been completed, and once the minutes of occupation have been lifted with the requirements laid down in the general legislation of forced expropriation, it will be understood that the administration has acquired, free of charge, the farm or farms included in the case.

2. The Administration shall be kept in possession of the farms, once they have registered their right, without any actual or inter-dictal action against the property being exercised.

3. If, after the completion of the file, after the minutes of occupation have been lifted and the estates or rights in favour of the Administration have been entered, third parties shall not be taken into account in the file, they may exercise any personal action they may be entitled to receive the Justiprice or the expropriatory indemnities and to discuss their amount.

4. In the event that once the file has been completely finalized, any of the properties or rights previously registered have not been taken into account, the expropriating administration, either on its own initiative or at the request of an interested party or the Registrar himself, will request of this one that practices the corresponding cancellation. The owners of such farms or rights must be compensated by the expropriating administration, which will formulate a supplementary file with the corresponding sheets of appreciation, processing according to the procedure that has been followed for the other farms, without prejudice to the possibility of such operators exercising any other type of action that may be appropriate to them.

5. If the Justiprice has been paid to the person who appears in the file as a registrant, the action of the third parties may not be directed against the expropriating Administration if they did not appear during the processing, in a working time.

Section 6. Administrative concessions

Article 211.

The State, Local Entities and Special Urban Entities will be able to execute the Management Plans through administrative concession, when the system of action is that of expropriation.

Article 212.

1. The award shall be awarded by means of a tender which shall be processed in accordance with the procurement procedure applicable to the Acting Administration.

2. The basis of the award contest shall lay down the rights and obligations of the concessionaire, the Administration and third parties, and shall, at least, comprise the following:

a) Plan whose execution is granted and polygon or acting unit to which it affects.

b) Works and facilities that the concessionaire must execute, expressing the ones to be delivered to the Administration and those that are not transferred to the Administration.

c) Works and facilities of the Administration whose temporary use is delivered to the concessionaire.

(d) Deadline for implementation of the works and, where appropriate, the operation of the public services in the area to be urbanised, without the latter being able to exceed 30 years, unless the law governing the service concerned is establish other determinations.

e) The respective situation of the Administration and the concessionaire during the period of the granting of the operation of the services, with the specification of the powers of surveillance corresponding to the first.

f) Determination of the factors to be taken into account for the fixing of the sales prices of the resulting solar; reserves for public, welfare and social buildings and services; reserves for protective housing official and for the disposal of land under the rule of law, and, where appropriate, tariffs to be applied for the operation of the services granted, with the breakdown of their factors for the purposes of review.

g) Class, amount, time and form of delivery of the works executed by the concessionaire, as well as of the cash holdings or on buildable land corresponding to the granting authority.

(h) Concession Canon, which may consist of the delivery to the Administration of a participation in the profits of the concessionaire, either in cash or on buildable or built land.

i) Conservation Duties until delivery, and maintenance and conservation of services until the termination of the concession period.

j) Relations between the concessionaire and land owners in the area of implementation of the Plan and between that and the buildable solar acquirers, until the Plan is fully implemented in the area granted.

k) Sanctions for non-compliance and delays.

l) Cases of resolution and expiration and its consequences.

m) Guarantee of the concession by the concessionaire, which may not be less than 3 per 100 of the total amount of the works of execution, according to the financial economic study of the Plan to be implemented.

(n) Other circumstances that are deducted from the general law of contracts of the State and of the local regime, the precepts of which shall be applicable as a supletory and as the regulators of the procedure.

TITLE VI

Running Urban Action Programs

CHAPTER FIRST

General provisions

Article 213.

Urban performance programmes are intended to manage and develop land classified as unscheduled land in the general plan, without being applicable to any other type or category of land.

Article 214.

1. The urban planning programmes shall have to be adapted to the technical characteristics and to the measures outlined in the General Plan.

2. In any event, they shall respect the provisions of the General Plan for the allocation, services and equipment affecting the territorial scope of the programme.

3. No urban planning programme may alter uses provided for in the General Plan or allow any declared uses incompatible with it. Neither may those other than are incompatible with the general urban structure of the territory.

CHAPTER II

Preparatory actions

Article 215.

1. Local entities, either on their own initiative or at the request of a party, may agree that all or part of the unscheduled land-based land should be incorporated into the urbanization process through the formulation of one or more urban development programmes.

2. The agreement referred to in the preceding number must be adopted with the quorum of two-thirds of members in fact, representing an absolute majority of those who are legally required to compose the Corporation.

3. They may also take the decision referred to in issue 1 of this Article by special urban entities in their territorial area.

4. The same faculty shall be the same as the Commonwealth, Grouping and Consorcias in which any local entity intervenes, where the management and execution of Plans or programs are included among its purposes.

Article 216.

1. The agreement referred to in the previous Article shall determine whether the formulation of the urban planning action programme is to be carried out directly by the institution itself which has adopted it or by the call for it. contest.

2. In the case of the formulation of the programme of urban planning by the Administration, the implementation of the programme may, in turn, be carried out directly or by convening a competition exclusively for this purpose.

3. If the design of the urban planning action programme is awarded by contest, the implementation shall, in any event, be the responsibility of the successful tenderer.

Article 217.

1. Applications for the formulation of urban planning programmes shall be submitted to the competent local authority or town planning authority in writing, in writing where the need or convenience is justified. of the unscheduled land development, the type and character of the urban unit and its possible locations.

2. If the Administration considers it appropriate to accept such a request, it shall submit it to the public for a period of one month, by means of the insertion of the notice in the "Official Gazette" of the respective province and in a newspaper of the major circulation of the province.

3. The notice shall state the areas which have been considered, in principle, suitable for the location of the action.

4. During the period referred to in issue 2 of this Article, claims may be made based on defective assessment of the classification, the ground, the lack of justification of the actions in accordance with the provisions of the general plan. or inadequacy of the designated areas for the intended action.

5. After the period of information, the competent local authority or town planning authority shall reject or accept the request and, in the latter case, agree on the wording and implementation of the urban planning action programme, compliance with the options outlined in the previous article.

Article 218.

1. In accordance with the provisions of the general plan, urban planning programmes may be formulated and implemented, at the request of a party, without prior call for tenders, in the case of the development of land classified as soil unscheduled urbanizable, intended for the installation of productive activities relevant or of particular importance, as well as for the formation of industrial polygons.

2. The relevant application may be submitted to the local Corporation in whose territory the action is intended or, where appropriate, in the current special urban planning entity.

3. In the event provided for in this article, it will be mandatory agreement of the Council of Ministers, which will adopt the form of Royal Decree, at the proposal of the Minister of Public Works and Urbanism and the competent one for the reason of the matter. The proposal will be made in advance of the report of the local Corporation or Corporations, of the Central Commission of Urbanism and the opinion of the State Council.

4. The Royal Decree, agreed in the Council of Ministers, will determine:

(a) The public entity or private, natural or legal person to whom the formulation and implementation of the urban planning action programme is directly awarded.

(b) The obligations to be fulfilled by the successful tenderer, which shall, at least, be those laid down in Article 146 (3) of the Soil Law.

CHAPTER III

Training and approval

Article 219.

1. Agreed on the formulation and implementation of the urban planning action programme, the corresponding bases shall be drawn up, which shall contain the following determinations:

a) The areas eligible for the location of the performances.

b) The magnitude of the urbanizable surfaces.

c) The minimum planning requirements in relation to the determinations and criteria that the General Plan has established.

d) The general uses to which the action is intended, establishing, if appropriate, a zoning scheme or the quantitative distribution of those.

e) The obligation of the successful tenderers to construct a percentage of construction within specified time limits.

f) The maximum sales or rental prices of the buildings, if estimated.

g) The guarantees required to respond to both the training of the programme and its implementation, distinguishing between one and the other.

(h) The penalties to be imposed in the event of non-compliance.

i) The other circumstances that you configure each performance.

2. The obligations to be assumed by the successful tenderers, in the implementation of the urban planning programmes, will also be established on the basis of the competition and will cover the following aspects:

(a) Free transfer to the local authority or, where appropriate, the competent special town planning, land for road, parks and public gardens and other services and general interest, with the scope established in Articles 12, 1, (b), and 13, 2, (b) and (c) of the Soil Law, or in greater amounts if the acting urban body so determines.

(b) Construction of the entire road network of the area of action and of the water and electricity supply, sanitation, lighting and other services networks which, where appropriate, are provided for.

c) Construction of the necessary connections, on the outside of the area of action, between the networks mentioned in the previous number and the general of the territory.

d) Forecasting and execution of the equipment appropriate to the dimensions and purpose of the performance. In the case of residential use, they shall consist of at least the creation of public green spaces, including planting of trees and gardening in them and in the vials, if provided for, and in the construction of educational, social and educational centres. commercial.

e) Free transfer of 10 per 100 of the average use established for the territory or area to which the action relates, with its corresponding soil, once the disposals of paragraph (a) of this number have been discounted. This cession may be replaced, if this is the case in the approval of the bases, by the greatest obligations established by the acting Entity.

(f) Any other obligations which the local authority or special urbanisation may have in relation to the purpose of the action or the relationship between it and the scheduled urban or urban land, even if such obligations would have been to be met outside the specific territorial scope to which the unit is to be affected.

3. With regard to the planning obligations of the successful tenderers, the bases shall set out the following:

a) Accompanying the offer an advance of planning.

(b) to submit within the time limit set by the urban planning action programme and, in addition, the partial plan to develop them, if one has to be implemented in a single stage, or the first of the partial plans, if the execution in multiple stages.

c) Complete planning within the deadlines that are indicated or, failing this, according to the urban planning program, drawing up and presenting the corresponding partial plans and urbanization projects, as well as the documents relating to the repair if applicable.

d) Include the building programs.

Article 220.

1. Drawn up the bases, the local authority or special town planning which has drawn them up shall grant their initial approval, subject them to public information for a period of one month, by means of insertion of the notice in the "Official Gazette" of the province or provinces to affect the performance. The notice shall also be published at least in one of the most circulation newspapers in the province or provinces concerned.

2. On the expiry of the period referred to or in the first paragraph of this Article, the grounds for the contest shall be provisionally approved with the corrections which they have made, and shall be raised to the Minister for Public Works and Urbanism, if they affect the capital of Province or municipalities of more than 50,000 inhabitants, and the Provincial Planning Commission, in other cases.

3. Within the time limit and under the conditions laid down in Article 41 (2) and (3) of the Soil Law, the Minister of Public Works and Urbanism or the Provincial Planning Commission shall issue the resolution corresponding to the approval. definitive of the bases.

Article 221.

1. Approved the bases, the corresponding contest will be convened, with a minimum time of two months and maximum of four for the submission of bids and the advance of planning.

2. The contestants, in their offers, will be able to improve the conditions laid down in the bases, both in the technical and economic aspects, making a detailed account of what these improvements consist of.

3. The award of the competition shall take place within a period of four months from the date of the opening of the proposals. The contract award agreement shall determine the applicable system of action, if it has not been established on the basis of the procedure. The same agreement shall approve the progress of planning, with the modifications which, if necessary, shall proceed.

4. The award of the contest shall be awarded by the same entity that convened it.

Article 222.

1. The successful tenderer shall submit, within the time limit laid down in the bases, the relevant urban planning programme, in accordance with the approved planning progress.

2. The rules of competence and procedure for the processing and approval of urban planning programmes shall be those laid down for the partial plans.

3. Special local or urban entities may refuse the initial or provisional approval of the urban planning action programme only where it does not comply with the requirements laid down in the bases or the determinations of the General Plan. They may suspend the procedure until the file is completed if any of the required documents are missing from the bases.

4. The lack of presentation of the programme within the time limit laid down in the bases will lead to the resolution of the situation.

Article 223.

1. The formulation of the urban planning action programme directly by the Acting Administration itself shall be subject to the same rules of competence and procedures for processing and approval as in the case of calls for tenders.

2. The same rules of jurisdiction and procedure shall also apply in the case of the exceptional case provided for in Article 149 (2) of the Soil Law.

CHAPTER IV

Running Urban Action Programs

Article 224.

1. The determinations of the urban planning programmes shall be developed by the formulation of the corresponding partial plans, the approval of which may be at the same time as those plans.

In any case, the urban planning action programme and the partial plan of the first stage or, where appropriate, the only stage envisaged in the programme shall be jointly processed and approved.

2. The implementation of the partial plans shall be in accordance with the system of action established. In any event, the successful tenderers are obliged to comply with the obligations which, not being specified in the bases, are a consequence of the applicable system.

3. In the implementation of the general systems affecting the links with those of the rest of the Municipality or Municipalities in which the action is located, the expropriation may be used regardless of the system of action established for the implementation of the urban planning action programme in its own territorial area.

Article 225.

1. The Acting Administration shall have the necessary powers to monitor and inspect the development works and, where appropriate, the works of construction, as well as to supervise the accounting of the successful tenderers in the case of the bases. establish maximum prices for the sale of land or buildings or for the rental of land.

2. The opposition of the successful tenderer to the exercise of such powers of the Administration may be presumed to be a serious breach of the obligations under Article 227 (1) of this Regulation. In any event the resistance shall be economically sanctioned, without prejudice to the other privileges of the Administration.

Article 226.

1. The adoption of a programme of urban planning will involve the declaration of public utility and the need for occupation for the effects of compulsory expropriation, not only of the specific territorial area for which it was formulated, but also of the areas necessary for the liaison of the area of action with the relevant elements of the general systems existing outside the area.

2. For the expropriation actions, where necessary, the procedure laid down in the Soil Law and in this Regulation shall be followed.

Article 227.

1. Failure to comply with the obligations in the implementation of the urban planning programmes shall result in the expiry of the programme in respect of the pending part of the implementation, without prejudice to the penalties provided for.

2. However, if the non-compliance with the obligations is considered to be minor, the successful tenderer may continue to carry out his performance if his or her enforcement is guaranteed sufficiently, in the judgment of the Acting Administration.

3. Special local or urban entities, where the relationship established with the successful tenderer of an urban planning action programme has been resolved, may agree to direct execution in respect of the part which has been pending or to be convened. new contest to adjudicate what is to be run from the program. In such a contest offers shall not be allowed to programme other areas of the territory.

4. The administrative entity which convened the contest may assume the execution by way of replacement in the event of non-compliance with the successful tenderer, by charging the costs incurred. The amount of these expenses shall be payable by way of award.

5. Where the non-compliance consists of the perception of land or building prices higher than those laid down on the basis, the fine shall be imposed, irrespective of the fact that it is the fault of the Courts of Justice, and without prejudice to the return to the acquirers of the undue or unduly charged.