The sixth final provision of the consolidated text of the law on the regime of the soil and urban planning, approved by Royal Decree thousand three hundred forty and six/thousand nine hundred seventy-six, on 9 April, establishes that the Government will issue, by Decree, on a proposal from the Minister of housing, currently public works and urbanism, and after obtaining the opinion of the Council of State , the General regulations or, where applicable, partial regulations as it deems appropriate for the development and implementation of the law.
By virtue, on the proposal of the Minister of public works and urbanism, in accordance with the opinion of the Council of State and after deliberation by the Council of Ministers at its meeting of the twenty-third day of June, one thousand nine hundred and seventy and eight, have: single article.
Approves the regulation of urban development discipline to the development and application of the law on the regime of the soil and urban planning, whose text is then inserted.
Given in Madrid to 23 of June one thousand nine hundred seventy and eight.
JUAN CARLOS R.
The Minister of public works and urbanism, JOAQUÍN GARRIGUES WALKER regulation of discipline urban for the development of the law on regime the soil and planning urban title first intervention of the building and the first chapter of land use licences section 1 acts subject, competence and procedure article 1.
They shall be subject to prior license, without prejudice to authorizations that may be from pursuant to specific legislation, the following acts: 1. construction of buildings and facilities of all kinds of new plant.
2. the expansion of buildings and installations of all kinds of existing works.
3. those of modification or reform affecting the structure of the buildings and facilities of all existing classes.
4. those of modification of the external appearance of buildings and facilities of all existing classes.
5. the works that altered interior layout of the buildings, either that is use.
6. the works which are to be carried out on an interim basis referred to in paragraph 2 of article 58 of the revised text of the land law, hereinafter the land law.
7 installation of utility works.
8. the urban allotments.
9. the movements of the Earth, such as deforestation, clearance, excavation and filling, unless such acts are detailed and scheduled as works to run in an urbanization project or building approved or authorized.
10. the first use or temporary occupation of buildings and installations in general.
11. the uses of provisionally referred to in paragraph 2 of article 58 of the law of soil.
12. the use of the flight over the buildings and facilities of all existing classes.
13. the modification of the use of buildings and installations in general.
14. the demolition of the buildings, except in declared cases of imminent ruin.
15. the underground facilities dedicated to car parks, industrial, commercial or professional activities, public services or any other use for which the subsoil is intended.
16. the cutting of trees integrated tree mass that is embedded in the land for which there is an approved Management Plan.
17. the placement of propaganda posters visible from public roads.
18 and, in general, other acts pointing plans, rules or ordinances.
1. when acts of building and land use and those provided for in this regulation are made by private individuals on land in the public domain, shall be also required license, without prejudice to authorizations or concessions that are relevant grant by the entity holder of the public domain.
2. the lack of authorization or concession or its refusal to prevent the particular license and the competent authority to grant it.
1. licences will be awarded according to forecasts and determinations of the law of soil, of urban planning and urban development programmes and, where appropriate, the complementary norms and subsidiaries for the planning or the rules and ordinances of the land use and building.
2. any decision to grant or deny license shall be motivated.
1. the procedure for the licensing shall comply with provisions of the legislation of Local regime.
2. in all licensing record will consist report technical and legal, when the issuing entity with the corresponding services or possible having the entity's metropolitan or County in which it is integrated. If the Provincial Council had established urban service to municipalities, you can request the City Council report of the same, if it not contase with technical or legal services.
1. in no case shall be acquired by administrative silence powers against the requirements of the law of soil, management plans, programs, projects and, where appropriate, of the complementary norms and subsidiaries of planning or the rules and ordinances of the land use and building.
2. when, in the course of the previous issue, the petitioner leave run the determinations of the project, there is no compensation in your favour if you subsequently enjoin the suspension of activities or the demolition of what has been done.
The competence to grant the licenses will be up to City Hall, except in the cases provided for by the law of the soil.
Section 2 of the events promoted by organs of the State or public law bodies administering State property article 7.
1. the acts listed in article 1 which promote by organs of the State or public entities who administer State assets are also subject to municipal licence.
2. If the project afectare to several municipalities, license will be requested from all of them simultaneously or in succession.
1. when reasons of urgency or exceptional public interest so require, the competent Minister by reason of the matter may agree to the referral to the City Council or relevant municipalities of the project concerned, so that, in the period of one month, notified conformity or nonconformity with urban planning in force, meaning that if within that period a disagreement manifests itself expresses shall be deemed to exist according to the project by the City Council.
2. the notification of conformity or the course of the period referred to in the previous number will enable, without more, to the concerned Administration for the execution of the project in question.
3. in case of disagreement, that will necessarily be motivated, the record will be forwarded by the Department concerned to the Ministry of public works and urban development, who will raise it to the Council of Ministers, following a report of the Central Commission of urbanism, within the period of three months. The Council of Ministers will decide whether to run the project, and in this case will order the initiation of the procedure of modification or revision of planning, in accordance with the procedure established in the law of the soil.
1. the City Council may, in any case, agree suspension of the works referred to in article 1, when it intended to carry out in the absence or in contradiction with the notification in accordance with the planning established in article 180,2 law of the land, by communicating this suspension to the editor of the project authority and the Minister of public works and urbanism for the purposes prevented in the same.
2. exceptions to this ability works directly affecting the national defense, for which suspension must mediate agreement of the Council of Ministers, upon proposal of the Minister of public works and urbanism at the request of the competent City Council and the Ministry of defence report.
Chapter II section 1 General provisions article 10 execution orders.
1. the owners of land, residential areas, buildings and posters should keep them in safety, health and public adornment.
2. the municipalities and, in its case, the other competent bodies, ex officio or at the request of any interested party, ordered the execution of the works required to maintain the conditions mentioned in the preceding paragraph.
3. to this end, the Agency ordered the execution of such works granted to the owners or their managers a term, that will be because of the magnitude of them, so appropriate to the fulfillment of the agreement; elapsed which without having them executed, will proceed to the initiation of the disciplinary record, with fine, in whose resolution, in addition, require the owner, owners or managers to the implementation of the effected order, which does not comply with it, will be held by the requesting agency, charged to the obligor, through subsidiary execution procedure provided for in the Administrative Procedure Act.
1. the municipalities and, where applicable, the provincial delegations and the provincial commissions of urbanism, they may also order, for reasons of interest tourist or aesthetic, the execution of works of conservation and reform on façades or places visible from public roads, unless they are previously included in Plan management.
2 works will run with cargo owners if contained within the final duty in paragraph 1 of article 10 or pose an increase in value for the property and to where it reaches, and charged to the funds of the entity that tells you when these limits are rebasasen to achieve improvements of general interest.
3. in the event of default by the owners, it will be to the provisions in paragraph 3 of the preceding article.
Section 2 of the ruinous State of the article 12 buildings.
1 means that a building is in ruinous State when in it if any of the following reasons: to) that the damage that affects it not technically repairable by normal means.
(b) the cost of repair exceeds 50 per 100 of the current value of the building or affected plants.
(c) that, along with the deteriorating situation, urban circumstances that warrant the demolition of the property exist.
2. also means that a building is ruinous when present deficiencies affecting the health, which are not correctable by the normal technical means or whose cost of remedying exceed 50 per 100 of the value of the building.
1 assessing the situation of ruin referred to in paragraph b) of number 1 of article 12, part affected, or an assessment of the works to be carried out and the entire building will be required applies to which a depreciation coefficient for the age of the building. In any case, the value of the solar be taken into account.
2. the valuation of the works will contain on a budget by items, specifying those necessary to keep the building or part affected in conditions of security and, where appropriate, specific, according to technical criteria at the time of valuation, although they were different from the taken into account to carry out the construction, including expenses for necessary sanitary repairs and those required by the specific legislation regarding general conditions of habitability or Special depending on the use.
Shall be considered that there are urban circumstances for the Declaration of ruin when the situation outside of management advised the demolition of the building.
For the purposes referred to in article 12(2), shall be considered health deficiencies that may give rise, where appropriate, to the Declaration of ruin the existence of habitable parts of dimensions lower than the minimum established by the rules or ordinances, the lack of direct vent, the existence of courtyards of dimensions less than the minimum ventilation, lack of hygienic facilities the existence of wetlands in habitable parts that may be harmful, the defective provision of indoor water supply and drainage networks and any others which produce damage or risk to the health of the inhabitants of the building.
1. without prejudice to the interdictal action, in relation to the dilapidated buildings, is may not declare a property or part of it in ruins but pursuant to the procedure and for the reasons set out in this regulation.
2. with the same proviso in the preceding paragraph, it shall be competent to declare the State of ruin of any construction or building the Town Hall.
1. the procedure of Declaration of ruin can start ex officio or instance of any interested person.
2. will be considered interested parties, among others, to initiate the proceedings for a declaration of ruin any person, natural or juridical, alleging damage or danger of own damage resulting from the current situation of the construction.
3. Notwithstanding the arranged in the previous issue, also any natural or legal person may make complaints on the situation of ruin of a building although not it alleged the existence of damage or hazards for themselves or their property or legitimate interests.
1. the self-initiation of the procedure for declaration of ruin will be granted by the municipal administration, as a result of the report, issued by the technical services.
2. also be started ex officio procedure as a result of the checks carried out by the Administration pursuant to complaints made. For this purpose, upon receipt of the complaint about the course of ruin of a building or part of it, the instruction may agree of a prior consistent information in a report that issued municipal technical services, initiation of the record will decide which based or, where applicable, the file of the proceedings.
1. If the procedure will be initiated at the request of the interested parties, shall be entered in the writing they present identification data relating to the property, the reason or reasons underlying the State of ruin and the relationship of the inhabitants, which was the title of possession, as well as holders of rights in rem on the property If any.
2. in the notice of initiation, certificate issued by a competent physician, which justify the cause of the Declaration of ruin, the physical condition of the property, and also credited if at the time of the request the building meet, in his view, sufficient safety and habitability allowing occupants to stay in it until the adoption of the agreement that appropriate must be accompanied.
3. If the applicant Declaration of ruin is the owner of the property, it will also credit their ownership.
1 started the record, will show to the owner, the inhabitants and the holders of rights in rem on the property, if any, giving literal transfer of technical reports, so that, within a period not less than ten days nor more than fifteen, can be extended by half of the granted, claim and submit written documents and justifications that they deem relevant in defense of their respective rights.
2. when in the technical report submitted by the owner alleging existence of immediate danger that may cause damage to persons, be ordered a technical integration, and in view of the same will remember the appropriate with respect to the occupancy of the property, the eviction of occupants and the demolition of the buildings. May be repeated many times inspection deemed appropriate during the processing of the dossier and, once completed, until the demolition of the building is determined.
Expiry of the period granted, municipal technical services evacuated expert opinion, previous inspection of the building within ten days.
1 Concluso dossier, the competent municipal services rise proposal with all played on the organ which has attributed the competition for the final resolution.
2. the proposal shall be drawn within ten days from the municipal technical report was incorporated into the record.
3. do not exceed six months the time that elapses from the start the procedure of ruin until it issued the relevant statement, unless duly justified causes.
1 resolution of the record shall contain one of the following resolutions: to) declare the property in a State of ruin, ordering the demolition. If there is danger in delay, the Administration agreed the appropriate regarding the eviction of occupants.
(b) declare in a State of ruin part of the building that part when constructive independently of the rest, also ordered its demolition.
(c) declare that there still ruin in a part of the property, this fails to meet the requirements for a general statement, ordering the execution of the necessary repair works.
(d) declare that there is no situation of ruin, ordering relevant measures to maintain safety, wholesomeness and ornamental public property concerned.
2. in recent cases of the previous issue, the agreement will determine the works required to be carried out by the owner.
1. the decision of the record shall be notified to all those who have been part therein and to all the inhabitants of the building, but not have people.
2. when the execution had agreed works, fixed the term within which it should start, with warnings that do not, and do not carry out the works at normal pace, the Administration will run them, passing the corresponding charge to the obligor.
3. If demolition is agreed of the property, the term that has begun will be also. If, in addition there is danger or imminent risk in the delay, the notification to occupants stated deadline for the eviction of the building, with a warning of dispossession by administrative.
The Declaration of ruin will involve the inscription of trade of the estate affected building forced registration when there is.
1. where as a result of checks carried out by the services of the Administration, trade in virtue of complaint by individuals, or as a result of the notice of initiation of the record of ruin, deemed that the situation of a building or construction offers such deterioration is urgent its demolition and there is danger to people or property in the delay involved in processing the file City Hall or the Mayor agreed the eviction of occupants and shall take the measures relating to the safety of the construction.
2. to this end, received the instance requesting Declaration of ruin or the complaint of any person, shall be urgently an inspection visit, issued by the municipal technical report. Municipal technicians will issue report on the conditions of safety and habitability of the property, by proposing, where appropriate, the adoption of exceptional measures of protection, such as shoring or props that can be applied immediately.
3. the City Council or the mayor shall adopt the resolution that is appropriate within twenty-four hours after the receipt of the reports.
1. If the technical opinion expressed the possibility to continue to be the property, prior adoption, if appropriate, measures of shoring or bracing, is will continue to record by the normal procedures.
2. However, are flipped visits of inspection required and, at least that is indicated in the technical report, if they vary appreciated circumstances to issue it, or new ones that advise a different decision to appear.
3 finished the record, will be surveillance in the same terms as during its proceedings, until the total eviction of the building.
1. the administrative Declaration of ruin or measures of urgency by the administration shall not relieve owners of the responsibilities of all kinds which could be required by negligence in the duties of conservation that correspond to them.
2. for the reimbursement of costs made by the Administration in the alternative action of inactivity of individuals, in case of orders of preservation or adoption of security measures, will be followed, where appropriate, the enforcement procedure.
Title II protection of the urbanistic legality chapter I of the works to be performed without license or order of execution or conform to the conditions of either article 29.
1. when acts of building or land use related to article 1 is made without license or order of execution, or comply with the conditions laid down in the same, the mayor or Civil Governor, ex officio or at the request of the provincial delegate of the Ministry of public works and urbanism or the authority which by virtue of special provisions have conferred competences you will have the immediate suspension of such acts.
2. the suspension agreement shall be communicated to the City Council within the period of three days, if he had not been adopted by the Mayor.
3. in the period of two months from the notification of the suspension, the interested party must apply for the appropriate license or, if necessary, adjust the works license or order of execution.
4 If the expiry of the period of two months the applicant had not urged license expressed or, in your case, it had not adjusted works to the conditions laid down therein or in the execution order, City Hall remember the demolition works at the expense of the person concerned and will definitely prevent applications that would result. Similarly proceed if the license is denied for being its provision contrary to the requirements of the Plan or the Ordinance.
5. If the City Council not proceed to demolition in within a month, counted from the expiration of the term to that referred to in the previous number or since the license was denied for the reasons expressed, the mayor or civil governor directly such demolition at the expense, shall also provide, of the person concerned.
1 when executed unlicensed activity consisted in the demolition of a building, the City Council or, where appropriate, the mayor or civil Governor ordered, if appropriate, the reconstruction of demolished unduly.
2 in case of building or construction of artistic or value included in the catalogues referred to in article 25 of the law of the soil, be ordered the cessation of the activity, and reconstruction, in his case, must submit to the standards established for conservation, restoration and improvement that applicable.
3. in any case, the costs of reconstruction will continue to the demolition scheme referred to in the preceding article.
4. when it will definitely stop the demolition of any buildings or structures referred to in paragraph 2 of this article, shall be adopted security measures that are necessary at the expense of the owner.
1. whenever any not passed more than one year since the total completion of the works carried out without license or order of execution or not conform to the abovementioned conditions in the same, the mayor or Civil Governor, ex officio or at the request of the provincial delegate of the Ministry of public works and urbanism, or of the authority under special provisions have conferred competences they will require to the promoter of the works or their successors in title shall so request, within the period of two months, the appropriate license or comply with conditions of the given works.
2. the request shall be communicated to the Mayor, within the period of three days, if it had not been formulated by the same.
3 If the person concerned does not apply for the licence within the period of two months or if this was denied for being its provision contrary to the requirements of the Plan or the Ordinance or if not adjust within that period the works to the conditions of the license or order of execution, the City Council agreed the demolition works , at the expense of the person concerned, and shall definitely impede the applications that would result.
4. If the person concerned does not proceed with demolition in within a month, counted from the expiration of the term that referred to in the preceding paragraph or since the license was denied for the reasons expressed, the mayor or civil governor directly this demolition, coast-to-coast shall also provide of the person concerned.
1 a the purpose of this regulation, is considered a license works are totally finished: to) when they plant, from the date of issuance of the final certificate of works, signed by the physician or competent physicians, and in the absence of this document, from the date of notification of the licence of occupation or the certificate of habitability.
(b) in all other cases, the date of issuance of the final certificate of works in the conditions of the previous paragraph or, in the absence of this, since the licensee to inform City Hall the completion of the works.
2. in the absence of the aforementioned documents, be taken for all purposes as the date of termination resulting from any verification of this situation by the municipal administration.
Provisions of this chapter shall be irrespective of the faculties corresponding to the competent authorities, under the specific system of authorization or concession to which they are subject certain acts of construction and land use.
Chapter II effects and revision of licensing article 34 suspension.
1. the mayor shall have the suspension of the effects of a licence or order of execution and consequently the suspension immediately initiated under its protection works, when the contents of these administrative acts clearly constitute an urban development infraction grave.
2. If the civil Governor, ex officio or at the request of the provincial delegate of the Ministry of public works and urbanism or the authority which by virtue of special provisions have conferred competences detects that the works carried out under cover of a licence or order of execution are that same kind of urban development infraction, it shall inform the Municipal Corporation , to its President proceed according to article in the previous issue.
3. If the President of the Municipal Corporation does not adopt measures agreed in paragraph 1 of this article within the period of ten days from the communication of the civil Governor, this officially, remember suspension effects of license or order of execution and the immediate stoppage of the works.
4. in any case, the Authority agreed suspension of the effects of the license shall, within the period of three days, give direct transfer of the agreement to the Chamber for contentious administrative competent for the purposes prevented in the 2 numbers and following of article 118 of the law of the administrative litigation jurisdiction.
5 powers to refer the numbers 1, 2 and 3 of this article may be exercised while works are underway, what ever the date of granting of the license or the execution order.
1. If the administrative contentious jurisdiction Tribunal, to the ruling, overturned the license, the authority which suspended its effects will order the initiation of disciplinary record, in order, if appropriate, impose the corresponding to those responsible for fines and take other measures provided for in this regulation.
2. as long as the Court judgment, not made to continue, where appropriate, the stoppage of the works, which will be demolished when the competent authority agrees, if the judgment overturned the license.
3 in the case of license or order of execution that a wrongful demolition, annulled the administrative judicial act, to authorize the authority which suspended its effects will order appropriate to the reconstruction of the demolished.
1. the municipal corporations, ex officio or at the request of the Civil Governor, to be checked, through any of the procedures under article 110 of the law of administrative procedure, licences or orders of execution granted by those, where its content is manifestly any urban serious offences, provided that no four years have elapsed since the agreements were adopted. The civil Governor may act on these so-called well on its own initiative, or at the request of the provincial delegate of the Ministry of public works and urbanism or the authority which by virtue of special provisions have conferred competences.
2 void the license or order of execution, the Corporation will remember the demolition works against the applicable urban regulations, without prejudice to the responsibilities which fall due in accordance with the provisions of the land law and concordant provisions of this regulation.
3. If the Municipal Corporation does not appropriate the adoption of previous agreements in the period of one month from the communication of the civil Governor, this will give account to the Commission Provincial planning corresponding which, from that moment, means surrogate's office in municipal competition for what relates to the procedure for revision of the license or order concerned.
Surrogate the Provincial Planning Commission, in the terms provided for in the preceding article, shall take the following measures: to) initiate the revision of office of the Act of concession of license or order of execution under the terms provided in paragraph 2 of article 110 of the law on administrative procedure.
b) may suspend the effects of license or order if the Corporation had not adopted such agreements.
c) when appropriate, should remember the demolition works.
(d) (d) Concluso [review procedure, may, where appropriate, issue initiation of disciplinary record Providence to demand responsibilities and impose fines on the terms provided for in the land law and this regulation.
Source of compensation due to cancellation of licenses via administrative or contentious-administrative courts shall be determined in accordance with the rules governing general responsibility for the administration.
In any case there is place to compensation if there is serious fraud, fault or negligence attributable to the injured person.
Chapter III of the works and licenses in parkland or open space.
The acts of building or land use listed in article 1 that is made without license or order of execution on grounds described in planning as parkland or open space shall be subject to the legal regime established in article 29 while they are ongoing, and the regime provided for in article 31 when they have finished , without that may apply to the limitation of time limit established by article number 1.
1. licences and orders of execution that is granting with violation of the zoning or urban use of green areas or spaces provided for in the plans will be null void.
2. While the works are ongoing, will proceed to the suspension of the effects of the license and the adoption of other measures provided for in articles 34 and 35.
3. If the works are completed, be ex officio Declaration of nullity of the licenses that cover them by the procedures provided for in article 109 of the law on administrative procedure.
If the authorities or bodies referred to in articles 29, 31, 34 and 36 they not adopt measures of these precepts, when occurs any of the cases referred to in the preceding articles of this chapter, the provincial delegate of the Ministry of public works and urbanism will give knowledge of the situation created by the same holder of the Department which may exercise the powers and adopt corresponding measures under the above-mentioned precepts.
Chapter IV suspension and review of the acts and municipal urban development agreements.
1. without prejudice to the regime established for licensing and execution orders, municipal agreements that constituted manifest breach of planning regulations may be left in suspense within the year following its notification or publication, when this is mandatory, by the bodies and procedure and effects that are foreseen in article 34, simultaneously by adopting the appropriate measures to ensure the effectiveness of the broken provisions.
2. the measures referred to in the previous number shall be that established by this Regulation as soon as they are applicable, without prejudice to those laid down in the specific legislation by reason of the matter.
Local authorities may review ex officio its acts and agreements in the field of urbanism, pursuant to the provisions of articles 109 et seq. of the law on administrative procedure.
Chapter V other measures for the protection of legality in licensing article 45.
It is management control and interpretation of the urbanistic legality and the determination and qualification of the offences, without prejudice to which corresponds to the courts of Justice.
Professional associations that have entrusted the visa of the precise technical projects for licensing shall withhold said visa to which contained a serious and manifest violation of rules relating to subdivisions, land use, height, volume and location of the buildings and allowed occupation of the surface of the plots.
1. with prior to the application for licence to the municipal administration, referees present at the respective college technical projects, with statement made under its responsibility for the circumstances and urbanistic regulations of application, and can accompany the urban card field or projected, or building certificate issued in form by the City Council, which becomes a recorded urban circumstances of the estate , or any agreement or administrative act, notified or published, authorizing the construction or use of land, adopted by the urban administration.
2. in the case of works of the State, autonomous bodies and local authorities, only the intervention of the Supervision Office of projects or the technical approval of the corresponding entity.
Presented the technical project the professional bar, it is estimated that the school understands that any urban planning violations referred to in the previous article, unless there is express decision within twenty days from the entrance of the project at the school there is.
1. the refusal of the visa for urbanistic reasons will not prevent interested individuals to present the project to the municipal administration or competent urban body to grant the license, citing what it considers coming to justify the absence of infringement which served as the basis for the refusal of the visa and requesting, at the same time, the license.
2. in the case referred to in the previous number, professional associations will be obliged, at the request of the person concerned, to deliver copies of the project submitted to visa, stating the urbanistic reasons which had prompted their refusal.
1. the municipal administration shall grant or deny the license to view how much data and reports held in the administrative proceedings, and its resolution won't fit recourse to the Court, prior to the replacement.
2. the resolution which granted or denied the construction license shall be notified, in any case, the professional college which has been involved in the processing of the visa of the corresponding project.
Title III planning violations and its penalty chapter first general provisions section 1 planning breaches Article 51.
1 actions that contradict the standards or effective urban planning may give rise to: 1) the adoption by the competent administration of the measures require that is appropriate to the restoration of the infringed juridical order and physical reality altered or transformed as a result of the illegal actions.
(2) the initiation of procedures for suspension and cancellation of administrative acts that allegedly illegal actions could avail themselves.
(3) the imposition of sanctions those responsible, upon processing of the sanctioning procedure, without prejudice to the possible responsibilities of criminal order that had been incurred.
(4) the obligation of compensation for damages and compensation for the damage carried out by those who are declared responsible.
2. the actions referred to in the previous number will be developed by the bodies and in accordance with the procedure laid down for each of them, without prejudice to the rules of connection and compatibility that are contained in the following articles.
In no case can the Administration leave adopt measures aimed to replace the assets affected to the State prior to the production of the illegal situation. Sanctions for planning infringements that are imposed irrespective of the measures.
1. is any infringement of the provisions contained in the law of the soil or in plans, programmes urban development infraction. Rules and regulations, subject to punishment in accordance with determined in this regulation, in accordance with the classification referred to in the same.
2 in accordance with the previous issue, urban planning violations will be considered: to) the violation of the urban system in the granting of a license or order of execution.
(b) the actions which, being subject to license or other administrative authorisation of urban character, are carried out without it, whether or not legalized in attention to conformity or non-conformity with the applicable town planning legislation.
(c) the actions carried out against the determinations of the license, order of execution or administrative authorisation of urban character.
3. the administrative penalty shall be imposed regardless of the criminal assessment of the made by the courts of Justice, as well as measures that they should adopt in order to repair damages caused by the Commission of the unlawful act.
1. urban infractions are classified into major and minor.
2 they are serious breaches the actions or omissions which, breaking the urban order, affect goods and interests protected by the same, causing a damage direct and important or creating a certain risk and equally important.
3 will have the character of serious offences which constitute breach of the rules on subdivisions, use of floor, height, volume and location of the buildings and occupation permitted on the surface of the plots, except that sanctioning record demonstrates the little entity of the damage caused to the general interest, or created in relation to the same risk.
1 circumstances which aggravate the responsibility of perpetrators of an urban development infraction are: 1) the have been prevalido, to commit it, the ownership of a trade or public office, except that the fact constitutive of the infringement have been made, precisely, in the exercise of the functional duty of the position or office.
(2) the use of violence or any other type of coercion on the authority or public officer responsible for the compliance with the urban planning law, or through bribery.
(3) having committed by altering the assumptions of fact that allegedly legitimaren performance, or through falsification of documents in which the legal basis of the action is shown.
(4) perform it taking advantage or exploiting a serious public need for their benefit or the individual or individuals who are handicapped.
(5) the recurrence and relapse.
2 circumstances whose attendance reduces the responsibility of perpetrators of an urban development infraction are: 1) the having no intention of causing such serious damage to public or private interests affected by the illegal fact.
(2) having proceeded the guilty to repair or reduce the damage caused, prior to the initiation of criminal proceedings.
3 circumstances which, according to each case, may attenuate or aggravate the responsibility are: 1) the greater or lesser technical knowledge of the details of the action, in accordance with the profession or routine activity of the guilty.
(2) the greater or lesser benefit obtained the infringement or, in your case, having carried out without any regard to the possible economic benefit that gives the same derivare.
When administrative records during which disposal for urban development infraction be presumed that the documents supplied or own infringement evidence of the character of crime emerge or lack of the fact, the body competent to impose the sanction, by itself or on a proposal from the instructor of record, shall bring it to the attention of the courts of Justice , for the purposes of the requirement of the responsibilities of penal order which have been incurred by offenders.
Section 2 persons responsible for article 57.
1. in the works that will run without a license or with non-observance of its provisions will be sanctioned by urban development infractions promoter, Entrepreneur of the works and the technical director of the same.
2. in works under a license which is manifestly constitutive of a serious urban development infraction will be equally punished: the optional which has been favorably reported the project and members of the Corporation that had voted in favour of the granting of the license without prior technical report, or when this is unfavorable because of that infringement, or warning of illegality provided for in the legislation of Local regime had been made.
Legal persons shall be punished for the offences committed by their organs or agents and will assume the cost of the remedies of the urban order violated, without prejudice to compensation for damages to third parties until there place.
Section 3 rules for the application of article 59 sanctions.
Fines imposed different subjects for a same violation will be mutually independent.
1 in the event that, in application of the provisions of this regulation, be instructed disciplinary record for two or more classified violations, among which there is cause and effect connection, a single shall be imposed and will be the corresponding to the actions involving the result pursued, in the maximum amount.
2. in other cases, imposed on perpetrators of two or more urban planning violations fines corresponding to each of the various violations committed.
After the deadline determined by the Administration so that the person concerned carry out performances by replacement of things to the State prior to the Commission of the offence, if such actions have not been conducted, the corresponding Administration will opt, within a maximum period of one month, among the subsidiary execution or issuance of a new deadline for the realization of the precise actions by the accused. Failure to comply with this new term shall be punished with fine which corresponds to the original breach, imposed in its maximum degree, and the opening of the period of one month for the Administration chooses to grant new lead by the interested party or by the subsidiary execution time. The successive actions of non-compliance will be resolved pursuant to this same standard.
1. in any case the urban development infraction can be an economic benefit for the offender. When the sum of the imposed sanction and the cost of performances by replacement of goods and situations to their primitive State cast less than this benefit, the amount of the fine to the amount of the same will be increased.
2. in cases in which the restoration of infringed urban order does not requires any material performance or exist third harmed, the penalty imposed on the offender may not be less than the benefit obtained with illegal activity.
1 when in fact if any aggravating circumstance, the sanction will be imposed always at its maximum extent.
2 If concurriese any extenuating circumstances, the sanction will be imposed in its minimum degree.
Section 4 jurisdiction and procedure article 64.
The competent authorities to impose fines and the maximum amounts of these are as follows: to) the mayors: in municipalities that do not exceed ten thousand inhabitants, one hundred thousand pesetas; that do not exceed fifty thousand inhabitants, five hundred thousand pesetas; that do not exceed one hundred thousand inhabitants, one million pesetas; that do not exceed five hundred thousand inhabitants, five million pesetas, and in the more than five hundred thousand inhabitants, 10 million pesetas.
(b) the civil Governors, prior report of the provincial committees of town planning, up to twenty-five million pesetas).
(c) the Minister of public works and urbanism, following a report of the Central Commission of urbanism, to fifty million pesetas.
d) Council of Ministers, on a proposal from the public works and urban planning and following a report of the Central Commission of urbanism, to 100 million pesetas.
1 they shall agree the initiation of record penalties, in addition to the authorities listed in the previous article, councils and the provincial commissions of urbanism and other entities or urban bodies which have conferred powers of inspection and auditing of the planning.
2. in the processing of the disciplinary procedure, administration that directed shall apply in any case its specific legislation.
3 when the motion for a resolution include a fine in amount greater than which is within the competence of the bodies corresponding to administration that transacted penalty record, such a proposal will rise to the authority which is competent by reason of the amount, according to the rules laid down in the previous article, which will agree the appropriate sentence.
Chapter II of the various offences and their penalties section 1st in terms of allotment rule 66.
1 they shall be punished by a fine of 15 to 20 per 100 of the value of the affected land who perform subdivisions on undeveloped land.
2. the penalty established in the previous number can increase up to 30 per 100 of the value of the land if the division carried out injured the specific value which, if necessary, protect the urban planning.
3. in no case shall be considered solar, nor be allowed to build on them, the batches resulting from an allotment made with infringement of articles 95 and 96 of the land law.
The same penalty will incur implementers, for purposes of building subdivisions on land destined for planning to social facilities or execution of general systems of communications or green areas or spaces.
1. shall apply a penalty of 10 to 15 per 100 of the value of the soil affected person performing subdivisions on land not scheduled before the final adoption of the corresponding urban action program.
2. the penalty may be increased up to 20 per 100 of the value of the soil, when any of the circumstances referred to in article 67.
1. a fine of 5 to 10 per 100 shall be punished to Implementers subdivisions of land classified as land is programmed, if not definitively approved partial Plan.
2. the same penalty shall apply to the allotments in declared soil suitable for urban development by the relevant subsidiaries planning standards, or in non-programmed urbanizable having approved urban action program, provided that in both cases there is no definitively approved partial Plan.
3. If in the event that this article contemplates the allotment it entail infringement of provisions contained in the General Plan, the subsidiary rules or the urban action program, the penalty will be 10 to 15 per 100.
1. the urban land allotments that contradict the forecasts established in the General Plan or in the subsidiary rules of planning, will be penalized with a fine of 5 to 10 per 100 of the value of the affected land.
2. in no case shall be considered solar or you will be allowed to build in them the resulting batches of the allotment.
3. If the Division affected areas intended for public, social and community equipment, General systems or open spaces, the sanction can reach 20 per 100 of the value of the land.
The penalties established in the preceding article shall apply to the land parcelling is carried out in urban soil type through delimitation projects approved, in accordance with article 81 of the law of soil, when those violate the Ordinances.
Shall be punished by a fine of 5 to 10 per 100 of the value of the affected land operations of fragmentation or division of lands which give rise to lots less than the plot established as indivisible. The same penalty will incur those who dividieren or segregaren plots which have the status of indivisible.
They will be punished with a fine of 10 to 20 per 100 of the value of the affected land who perform subdivisions on land that not have been previously classified as urban land by a Plan, standard complementary and subsidiary of planning or delimitation project, provided that such subdivisions involve the creation of a new nucleus of population or the extension of an already formed in terms in this case, requiring the execution of infrastructure works that are not mere adjunct to the existing estate.
Operations of allotment that, without contradicting the force planning, is made without the relevant license will be sanctioned with a fine of 2 per 100 of the value of the land.
If the allotment has been made with a license whose content constitutes a manifest violation of the planning, initiation of the procedure for review of the administrative act shall, at the same time, the initiation of the disciplinary procedure by the allotment, without prejudice to the provisions in article 91.
Section 2 relating to land use and building article 76.
1 person performing works of building or estate against the use that corresponds to the soil in which to run, will be punished with a fine of 10 to 20 per 100 of the value of the projected work.
2 shall be imposed in its maximum when the action relates to soil intended for roads, parks and public gardens, sports areas of recreational expansion and community equipment.
1 who carried out on land intended for by planning public use or common or general interest, events, activities, works or facilities which impede or disrupt severely the use, they will be punished: 1) by a fine of 10 to 20 per 100 of the value of the affected soil, when the fact that impair the use or produce the disturbance originate a permanent situation.
(2) a fine of 1 to 5 per 100 of this value, when made with merely occasional character, or the facilities or activities may be subject to legalization by the competent administrative authority.
2. when the offence is carried out on goods not subject to valuation, by being excluded from total and permanent legal traffic mode, fine may oscillate between 5,000 and 500,000 pesetas, graduating as a function of the greater or lesser significance causing disturbance to the public.
The penalty referred to in the preceding article, in accordance with the same criteria of assessment and also distinguished between the character permanent, casual or legalizable, will incur those who carried out acts of land use which, not being covered by that article, inconsistent or alter the use provided for in planning effective.
They will be punished with a fine of 5 to 10 per 100 of the value of the building, plant, premises or dependence who alter the use to which are intended by the Plan, rules or ordinances.
Shall be punished by a fine of 10 to 20 per 100 of its value excess building on buildability permitted by the Plan.
In the same punishment will incur who made buildings with over three floors in height, measured at each point of the ground, where there is no Plan or urban development regulation authorizing it, or who in those municipalities build on lots nestled in nuclei or apples built in more than their two-thirds with heights exceeding the average of the already constructed buildings.
1 acts of construction, will be sanctioned with a fine of 5 to 10 per 100 of the value of the excess when it reaches higher than determined by the Plan or standard application, if such excess has not increased over the permitted volume.
2. the same penalty shall apply to those who edificaren basement or semi-basement, anyone who is to be dedicated, not allowed by the Plan or applicable urban standard.
It shall be punished by a fine of 5 to 10 per 100 of the value of what has been done, the execution of works of consolidation, increase volume, modernization or increase in its value of expropriation in buildings qualified as outside management, as provided for in article 60 of the land law, except for the cases provided for in the third paragraph of the same article. If such works carry increases in volume or increase in height in relation to the existing situation, they will sanctioned in accordance with the provisions in articles 80 and 81 of this regulation.
Which edificaren on plots whose surface is lower than the established minimum buildable, they shall be punished by a fine of 10 to 20 per 100 of the value of the projected work, graduating the fine on the basis of the greater or lesser disparity between built-up parcel surface and the surface of the minimum plot according to the Plan.
Violations for breach of the rules of distance from structures among themselves and in relation to public roads, open spaces and boundaries, will be sanctioned with a fine of 10 to 20 per 100 of the amount of work that is off-limits to those who need to adjust.
1. those who derribaren or desmontaren total or partially constructions, buildings or facilities that are the subject of special protection for its monumental, historical, artistic, archaeological, cultural, traditional or traditional will be punished with a fine equivalent to twice the value of what was destroyed.
2. where in the case of goods of monumental, artistic, historical or archaeological character, the determination of the value of the destroyed will be held by the Commission referred to in article 78 of the law on compulsory expropriation.
Shall be punished by a fine of 5 to 10 per 100 of the value of the projected work the realization of constructions in immediate places or which are part of a group of buildings of historical, artistic, archaeological, typical or traditional character which, in breach of the relevant standards or legal regime of protection, violate the harmony of the group, or when to produce the same effect in relation to a building of great importance or quality of the listed characters. Fine graduation will take place in response to the serious or mild nature of produced discordance.
They shall be punished by a fine of 10 to 20 per 100 of the value of the complementary work that was required to address relevant deficiencies, those who infringe the rules on hygiene and aesthetic conditions. The same penalty will incur those who violate other determinations of the Ordinances of building or construction project, when they cause damage or put at risk the normalcy of the use of the building, construction, installation or service or the health of the users.
It is punishable by a fine equivalent to 1 per 100 of its value without the corresponding project of urbanization works, where the approval is mandatory.
Section 3 common provisions article 90.
1 they shall be punished with a fine of 1 to 5 per 100 of the value of the work, installation or projected performance, who perform any of the activities referred to in number 1 of article 178 of the land law without license or order of execution, where such activities are legalized by conform with applicable town planning legislation. In the allotments without a license, the fine shall be fixed in relation to the value of the soil.
2. when activities referred to in the previous number are not legalized, shall apply the sanctions provided for in this regulation for the types of offence that in each case corresponds.
1. when the constituent activities of infringement according to this regulation are made under cover of a licence or order of execution and in accordance with its determinations, is you may not impose sanction as is inapplicable to the annulment of the administrative act that authorizes them.
2. If the cancellation of the license were consequence of the cancellation of the instrument of planning that brings cause, there will be no place to imposition of sanctions those who act under the aegis of such leave, unless they were the promoters of the Plan declared void and such nullity is result of actions of the same.
Chapter III article 92 prescription.
1. the prescription of urban planning violations will occur for over a year from the date in which it had been committed or, if this is unknown, from the date that the sanctioning procedure had been instituted. Means that the disciplinary procedure can be brought when they appear external signs that allow to know the facts of the offence.
2. on offences deriving from a regular activity, the starting date of the computation will be complete the activity or the last act with which the infringement is consummated.
Notwithstanding the provisions of the preceding article, when there are acts of Administration authorizing constituent activities of urban development infraction, the limitation period will be laid down in the law of soil for the review of administrative acts.
1. in accordance with the provisions of article 168 of the land law, the acts of building or land use that is made without license or order of execution on qualified land for planning as parkland or open spaces, will not be subject to limitation period.
2. in the same way, the activities carried out under licences or orders of execution that is granting with violation of the zoning or urban use of green areas or provided clearances in the plans, neither subject to statute of limitations.
DISPOSAL without prejudice to the application, since the entry into force of the provisions of the land law on intervention in the building and land use that develop titles I and II of this regulation, the legal regime of offences and sanctions established in its title III shall apply to the facts that occur after the entry into force of this regulation.