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, currently Public Works and Urbanism, and after obtaining the opinion of the State Council, the General Regulation or, where appropriate, the partial regulations that it deems appropriate for the development and implementation of the Law.

In its 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 of the Council of Ministers at its meeting of the twenty-third day of June of a thousand nine hundred Seventy-eight,

DISPONGO:

Single item.

The Urban Disciplinary Regulation for the Development and Implementation of the Law on Soil and Urban Planning, the text of which is inserted below, is approved.

Given in Madrid to twenty-three of June thousand nine hundred and seventy-eight.

JOHN CARLOS R.

The Minister of Public Works and Urbanism,

JOAQUIN GARRIGUES WALKER

REGULATION OF URBAN PLANNING FOR THE DEVELOPMENT OF THE LAW ON LAND REGIME AND URBAN PLANNING

TITLE FIRST

Building and Land Use Intervention

CHAPTER FIRST

Of the licenses

Section 1. Subject Acts, competence and procedure

Article 1.

They shall be subject to prior authorisation, without prejudice to the authorisations which they have issued in accordance with the applicable specific legislation, the following acts:

1. The construction works of buildings and installations of all classes of new plant.

2. The construction sites and installations of all existing classes.

3. Modification or reform affecting the structure of buildings and installations of all existing classes.

4. Modifications of the exterior appearance of buildings and installations of all existing classes.

5. Works that modify the interior layout of buildings, whatever their use.

6. The works to be carried out on a provisional basis as referred to in Article 58 (2) of the recast of the Soil Law, hereinafter referred to as the Soil Law.

7. The works of installation of public services.

8. The urban parcels.

9. Earth movements, such as desmounds, esplanation, excavation and embankment, unless such acts are detailed and programmed as works to be performed in an approved or approved Urbanization or Building Project.

10. The first temporary use or occupation of buildings and facilities in general.

11. The provisional uses referred to in Article 58 (2) of the Soil Law.

12. The use of the flight over the buildings and installations of all existing classes.

13. Modification of the use of buildings and facilities in general.

14. The demolition of the buildings, except in the declared cases of impending ruin.

15. Underground facilities dedicated to car parks, industrial, commercial or professional activities, public services or any other use to which the subsoil is intended.

16. The short tree mass integrated trees that are interlocked in land for which an approved Management Plan exists.

17. The placement of visible propaganda posters from the public road.

18. And, in general, the other acts that you point out in the Plans, Rules, or Ordinances.

Article 2.

1. Where the acts of building and use of the soil and those provided for in this Regulation are carried out by private persons on grounds of public domain, a licence shall also be required, without prejudice to the authorisations or concessions that are relevant. grant by the incumbent public domain entity.

2. The lack of authorisation or grant or refusal shall prevent the individual from obtaining the licence and the competent authority from granting it.

Article 3.

1. The licenses will be granted in accordance with the provisions and determinations of the Soil Law, the Urban Planning Plans and Urban Action Programs and, where applicable, the Complementary and Subsidiary Standards of the Planning or the Rules and Regulatory Ordinance on Land Use and Building.

2. Any decision granting or refusing a licence shall be reasoned.

Article 4.

1. The licensing procedure shall be in accordance with the provisions of the Local Regime legislation.

2. A technical and legal report shall be included in any licensing file, when the granting entity has the corresponding services or it is possible to have those of the regional or metropolitan entity in which it is integrated. If the Provincial Council has established urban assistance service to the Municipalities, it may request the City Council to report on it, if it does not have its own technical or legal services.

Article 5.

1. In no case shall the administrative silence be construed as powers against the provisions of the Soil Law, the Planning Plans, Programs, Projects and, as the case may be, the Complementary and Subsidiary Rules. Planning or Regulatory Standards and Ordinance on Land Use and Building.

2. Where, in the case of the preceding number, the licence petitioner executes the project determinations, there shall be no compensation in his favour if the suspension of activities or the demolition of the project is subsequently ordered.

Article 6.

The competition to grant the licenses will be the responsibility of the City Council, except in the cases provided for by the Law of Soil.

Section 2. of acts promoted by state bodies or entities governed by public law that administer state assets

Article 7.

1. Acts related to Article 1 that are promoted by State bodies or Public Law Entities that administer state assets shall also be subject to a municipal license.

2. If the project will affect several Municipalities, the license will have to be ordered from all of them simultaneously or successively.

Article 8.

1. Where reasons of urgency or exceptional public interest so require, the Minister responsible for the matter may agree to refer the referral to the relevant Council or Council of the project concerned, so that, within one month, notify the conformity or disconformity with the urban planning in force, it being understood that if there is no express disagreement within that period, the project will be considered to be in conformity with the project by the City Council.

2. The notification of conformity or the period of time referred to in the preceding number shall, without further delay, enable the Administration concerned to carry out the project concerned.

3. In the event of disagreement, which will necessarily have to be substantiated, the file will be forwarded by the Department concerned to the Ministry of Public Works and Urbanism, who will submit it to the Council of Ministers, after a report from the Central Committee of Urbanism, within three months. The Council of Ministers will decide whether to implement the project, and in this case it will order the initiation of the procedure of modification or revision of the planning, according to the procedure established in the Law of Soil.

Article 9.

1. The Council may, in any event, agree to suspend the works referred to in Article 1, where it is intended to be carried out in the absence or in contradiction with the notification in accordance with the planning laid down in the Article 180.2 of the Law of the Soil, communicating the suspension to the organ of the project and to the Minister of Public Works and Urbanism, to the effects prevented in it.

2. The works that directly affect the national defense are excepted from this faculty, for whose suspension the Council of Ministers will have to mediate, on the proposal of the Minister of Public Works and Urbanism at the request of the City Council. competent and report of the Ministry of Defence.

CHAPTER II

Of the execution orders

Section 1. General Provisions

Article 10.

1. Owners of land, housing estates, buildings and posters must keep them in a safe, public and public health condition.

2. The Councils and, where appropriate, the other competent bodies, of their own office or the body of any person concerned, shall order the execution of the works necessary to preserve the conditions referred to in the preceding paragraph.

3. To this end, the Agency ordering the execution of such works shall grant the owners or their managers a period of time, which shall be due to the magnitude of the same, in order to ensure compliance with the agreed upon; have been executed, the opening of the sanctioning file shall be initiated, with the imposition of a fine, in which resolution, in addition, the owner, owners or their administrators shall be required to execute the order made, which, if not complied with, it shall be carried out by the Agency, under the obligation, through the procedure of Subsidiary execution provided for in the Administrative Procedure Act.

Article 11.

1. The municipalities and, where appropriate, the Provincial Diputations and the Provincial Commissions of Urbanism may also order, for reasons of tourist or aesthetic interest, the execution of conservation and reform works in facades or spaces visible from the public path, without them being previously included in any Sort Plan.

2. The works shall be carried out by the owners if they are within the definitive duty in Article 10 (1) or have a value increase for the building and up to the extent of this, and from the funds of the Entity which This is ordered when these limits are exceeded to obtain general interest improvements.

3. In the event of non-compliance by the owners, the provisions of paragraph 3 of the previous Article shall be provided.

Section 2. The ruinous state of the constructs

Article 12.

1. It is understood that a construction is in a ruinous state when there are some of the following causes:

a) That the damage that affects it is not technically repairable by the normal means.

b) That the cost of the repair is greater than 50 per 100 of the current value of the affected construction or plants.

c) That, together with the deteriorating situation, there are urban circumstances that advise the demolition of the building.

2. It shall also be understood that a construction is ruinous when it has deficiencies affecting the healthiness, which are not subsainable by the normal technical means or whose cost of underhealing exceeds 50 per 100 of the value of the construction.

Article 13.

1. In order to assess the situation of ruin referred to in Article 12 (1) (b), an assessment shall be made of the works to be carried out and of the whole of the building or part concerned, to which a depreciation coefficient shall be applied. the age of the building. In no case will the value of the solar be taken into account.

2. The valuation of the works shall be included in a budget for items, specifying the items necessary to maintain the construction or part affected under security conditions and, where appropriate, of habitability or specific use, according to the criteria at the time of the assessment, even if they were different from those taken into account when the construction was carried out, including the costs for the necessary hygienic and sanitary repairs and those required by the specific legislation in force with respect to general or special conditions depending on the use.

Article 14.

Urban circumstances for the declaration of ruin will be considered to exist when the situation of out of order advises the demolition of the building.

Article 15.

For the purposes referred to in Article 12 (2), health deficiencies which may give rise, where appropriate, to the declaration of ruin, shall be considered to be such that there are habitable parts of dimensions lower than the minimum established by the Rules or Ordinance, the lack of direct ventilation, the existence of ventilation yards of dimensions lower than the minimum, the lack of hygienic facilities, the existence of humidity in habitable parts that can be harmful, the defective provision of the internal water supply and drainage networks and any other that cause damage or risk to the health of the property's inhabitants.

Article 16.

1. Without prejudice to the interdictal action, in relation to the ruinous buildings, a building or part of it may not be declared in a state of ruin but under the procedure and the causes laid down in this Regulation.

2. With the same caveat in the previous paragraph, it will be competent to declare the state of ruin of any construction or construction of the Town Hall.

Article 17.

1. The procedure for the declaration of ruin may be initiated on its own initiative or at the request of any interested party.

2. They shall be considered to be interested, inter alia, in initiating the procedure for the declaration of ruin to any natural or legal person who claims damage or damage arising from the current situation of the construction.

3. By way of derogation from the preceding number, they may also make complaints about the state of ruin of a construction by any natural or legal person, even if they do not claim the existence of damage or danger to themselves or their property or interests legitimate.

Article 18.

1. The initiation of the procedure for the declaration of ruin shall be agreed by the municipal administration, as a result of the corresponding report issued by the technical services.

2. The procedure may also be initiated as a result of the checks carried out by the Administration under the complaints made. To this end, upon receipt of the complaint concerning the alleged ruinous state of a construction or part thereof, the instruction of a prior information consisting of a report to be issued by the municipal technical services, on the basis of the the decision to initiate the file or, where appropriate, the file of the proceedings.

Article 19.

1. If the procedure is initiated at the request of the parties concerned, it shall be stated in the document that they present the identification data relating to the building, the motive or reasons underlying the state of ruin and the relationship of the inhabitants, whatever the title of possession, as well as holders of real rights to the property, if any.

2. The initiating document shall be accompanied by a certificate, issued by a competent authority, justifying the cause of the declaration of ruin, the physical state of the building, and proof that the building at the time of the request meets, in his opinion, sufficient security and habitability conditions that allow the occupants to remain in it until the agreement is adopted.

3. If the owner of the building is requested by the declaration of ruin, it shall also credit its ownership.

Article 20.

1. The file shall be made clear to the owner, the inhabitants and the owners of the real rights to the building, if any, giving them a literal transfer of the technical reports, so that, within a period of not less than 10 days, exceeding 15, which may be extended by half of the grant, shall submit and submit in writing the documents and justifications which they deem relevant in defence of their respective rights.

2. Where the technical report submitted by the owner indicates that there is an immediate danger of damage to the persons, a technical insertion shall be ordered, and the same shall be agreed upon in relation to the habitability. the building, the eviction of its occupants and the demolition of the buildings. The inspection may be repeated as many times as appropriate during the processing of the file and, once completed, until the demolition of the building is recorded.

Article 21.

After the period granted, the municipal technical services shall evacuate expert opinion, after inspection of the building within ten days.

Article 22.

1. In conclusion, the competent municipal services will raise the proposal with all the action to the organ that has the competence for the final resolution.

2. The proposal shall be drawn up within 10 days of the date on which the municipal technical report was incorporated into the dossier.

3. It shall not exceed six months from the time of the commencement of the ruin procedure until the relevant declaration is made, unless duly justified reasons are given.

Article 23.

1. The resolution of the file shall contain one of the following statements:

a) Declare the building in a state of ruin, ordering the demolition. If there is a danger in the delay, the Administration shall agree to the removal of the occupants.

(b) Declare part of the building in a state of ruin when that party has constructive independence from the rest, also ordering its demolition.

c) To declare, that there is still ruin in a part of the building, is not enough to cover the requirements for a general declaration, ordering the execution of the necessary repair works.

d) declare that there is no situation of ruin, ordering the appropriate measures to maintain the safety, health and public authorities of the building in question.

2. In the last cases of the previous number, the agreement will determine the required works to be performed by the owner.

Article 24.

1. The resolution of the file shall be notified to all those who have been a party to the file and to all the residents of the building, even if they have not been personified.

2. Where the execution of works has been agreed upon, the term within which it is to be initiated shall be fixed, with the warnings that, if the works are not to be carried out, and the works are not carried out at a normal rate, the Administration shall execute them, corresponding charge.

3. If the demolition of the building is agreed, the time limit for the building to be started shall also be fixed. If, in addition, there is imminent danger or risk in the delay, the notification addressed to the occupants shall express the deadline for the eviction of the building, with a warning of eviction by administrative means.

Article 25.

The declaration of ruin will result in the registration of the property affected in the Forcible Building Register when it exists.

Article 26.

1. Where, as a result of checks carried out by the services of the Administration, either on its own initiative or under the complaint of individuals, or as a result of the initiation of the bankruptcy file, the situation of a Building or construction offers such deterioration that it is urgent its demolition and there is danger for the persons or goods in the delay that involves the processing of the file, the City Council or the Mayor will agree the eviction of the occupants and will adopt measures relating to the security of construction.

2. To this end, the request for a declaration of ruin or the denunciation of any person shall be received as a matter of urgency for an inspection visit, issued by the municipal technicians. The municipal technicians shall issue a report on the conditions of security and habitability of the building, proposing, where appropriate, the adoption of exceptional protective measures, such as stoning or proppations to be applied in character immediate.

3. The City Council or the Mayor shall adopt the resolution which shall be taken within 24 hours of receipt of the reports.

Article 27.

1. If the technical opinion expresses the possibility of continuing to occupy the building, subject to the adoption, if appropriate, of measures of stoning or propping up, the file shall be continued through the normal procedures.

2. However, the inspection visits which are necessary and, at least those indicated in the technical report, shall be rotated in case the circumstances assessed when they are issued vary, or other new ones that will advise a decision. different.

3. After the file has been completed, the surveillance will be maintained on the same terms as during its processing, until the total eviction of the building.

Article 28.

1. The administrative declaration of ruin or the adoption of emergency measures by the Administration shall not exempt the owners of the responsibilities of any order which may be required of them for negligence in the duties of conservation which correspond.

2. For the reimbursement of the costs incurred by the Administration in the alternative of the inactivity of the individuals, in cases of orders for the conservation or adoption of security measures, the procedure of aaward.

TITLE II

Protecting urban lawfulness

CHAPTER I

From works that are performed without a license or execution order or without adjusting to the conditions of one or the other

Article 29.

1. Where the acts of construction or use of the soil referred to in Article 1 are carried out without a license or order of execution, or without complying with the conditions specified therein, the Mayor or the Civil Governor, either on his own initiative or at the request of the Provincial delegate of the Ministry of Public Works and Urbanism or of the authority which, by virtue of special provisions, has its powers conferred, shall have the immediate suspension of such acts.

2. The suspension agreement shall be communicated to the City Council within three days if it has not been adopted by the Mayor.

3. Within two months, counted from the notification of the suspension, the person concerned shall request the appropriate licence or, where appropriate, adjust the works to the licence or order of execution.

4. If, on the expiry of the two-month period, the person concerned has not called for the said licence or, where appropriate, he has not adjusted the works to the conditions laid down in the same or the order of execution, the City Council shall agree to the demolition of the works at the expense of the person concerned and shall definitively prevent the uses to which it took place. In the same way, the license will be denied because it is contrary to the requirements of the Plan or the Ordinance.

5. If the City Council does not proceed to the demolition within one month, counted from the expiration of the term referred to in the preceding number or since the license was denied for the reasons expressed, the Mayor or the Civil Governor Such demolition shall be directly provided at the expense of the person concerned.

Article 30.

1. Where the activity without a license consists in the demolition of a construction, the City Council or, where appropriate, the Mayor or the Civil Governor shall order, if appropriate, the reconstruction of the unduly demolished.

2. In the case of building or construction of historical-artistic value or included in the Catalogs referred to in Article 25 of the Law of Soil, the cessation of the activity shall be ordered, and the reconstruction, if any, shall be submitted to the established standards for conservation, restoration and improvement that are applicable to them.

3. In any case, the reconstruction costs will follow the regime of the demolition costs outlined in the previous article.

4. When the demolition of any of the buildings or buildings referred to in paragraph 2 of this Article is definitively halted, the necessary security measures shall be taken at the expense of the holder.

Article 31.

1. Provided that no more than one year has elapsed since the total termination of the works carried out without a license or order of execution or without adjusting to the conditions specified therein, the Mayor or the Civil Governor, either on his own initiative or at the request of the Provincial delegate of the Ministry of Public Works and Urbanism, or of the authority which under special provisions has its powers conferred, shall require the promoter of the works or their successors in title to request, within the period of two months, the appropriate license or adjust the works to the conditions of the award.

2. The requirement shall be communicated to the Mayor within three days if it has not been formulated by the Mayor.

3. If the person concerned does not apply for the licence within two months or if the licence is refused as a result of his/her failure to comply with the requirements of the Plan or the Ordinance or if he/she does not adjust the works to the conditions of the the Council shall agree to the demolition of the works, at the expense of the person concerned, and shall definitively prevent the use of the works.

4. If the person concerned does not proceed to the demolition within one month, counted from the expiry of the term referred to in the previous paragraph or since the licence was refused for the reasons expressed, the Mayor or the Civil Governor have direct access to such demolition, at the expense of the person concerned.

Article 32.

1. For the purposes of this Regulation, it is considered that the licensed works are completely terminated:

(a) Where they are new plants, from the date of issue of the final certificate of works, signed by the competent optional or optional, and in the absence of this document, from the date of notification of the license occupancy or the habitability card.

(b) In other cases, from the date of issue of the final certificate of works under the conditions of the previous paragraph or, in the absence thereof, since the holder of the licence has communicated to the City Council the completion of the works.

2. In the absence of such documents, all effects shall be taken as the date of termination of any such check by the municipal administration.

Article 33.

The provisions of this Chapter shall be understood as being independent of the powers of the competent authorities under the specific authorisation or grant scheme to which they are subject to certain conditions. acts of building and land use.

CHAPTER II

From suspending effects and reviewing licenses

Article 34.

1. The Mayor shall have the effect of a licence or order of execution suspended and the immediate cessation of the works initiated under his protection shall be suspended where the content of such administrative acts is manifestly a serious urban infringement.

2. If the civil governor, on his own initiative or at the request of the provincial delegate of the Ministry of Public Works and Urbanism or of the authority which under special provisions has assigned his powers, I shall appreciate that the works being carried out on the A license or order of execution constitutes that same type of urban violation, will put it in the knowledge of the Municipal Corporation, so that its President proceeds as prevented in the previous number.

3. If the President of the Municipal Corporation does not adopt the measures provided for in paragraph 1 of this Article within ten days of the communication of the Civil Governor, he shall, of its own motion, agree to suspend the effects of the license or order of execution and the immediate cessation of the works.

4. In any event, the authority which agrees to suspend the effects of the licence shall, within three days, give direct transfer of that agreement to the competent Administrative Board, for the purposes of the 2 and following of Article 118 of the Law of Administrative Contentious Jurisdiction.

5. The powers referred to in numbers 1, 2 and 3 of this Article may be exercised as long as the works are being carried out, whatever the date of granting of the licence or the order of execution.

Article 35.

1. If the Court of Administrative Jurisdiction, in its judgment, annuls the licence, the authority which suspended its effects shall order the opening of a sanctioning file in order to impose, if appropriate, the fines for those responsible and to take the other measures provided for in this Regulation.

2. Pending the judgment, the Court shall, where appropriate, continue the cessation of the works, which shall be demolished when the competent authority agrees, if the judgment annuls the licence.

3. In the case of a licence or order of execution authorising an undue demolition, the administrative act being cancelled in court, the authority which suspended its effects shall order the reconstruction of the demolition.

Article 36.

1. The Municipal Corporations, either on their own initiative or at the request of the Civil Governor, shall review, through one of the procedures provided for in Article 110 of the Law of Administrative Procedure, the licenses or orders of execution. granted by them, where their content clearly constitutes one of the serious urban infractions, provided that four years have not elapsed since the granting agreements were adopted. The civil governor may act in these cases either on his own initiative or at the request of the provincial delegate of the Ministry of Public Works and Urbanism or of the authority which under special provisions has its own competencies.

2. The Corporation will agree to the demolition of the works carried out against the applicable urban regulations, without prejudice to the responsibilities that may be required in accordance with the provisions of the Law of the Soil. and concordant precepts of this Regulation.

3. If the Municipal Corporation does not proceed with the adoption of the previous agreements within one month of the communication from the civil governor, the latter will give an account to the corresponding Provincial Planning Commission, which, from that moment, will be It shall be of its own motion in the municipal jurisdiction for the purposes of the procedure for the review of the licence or implementing order in question.

Article 37.

The Provincial Planning Commission, as provided for in the previous article, will adopt the following measures:

(a) Initiate the procedure for the review of the trade in the act of granting of a license or order of execution in the terms provided for in Article 110 (2) of the Law of Administrative Procedure.

b) You may suspend the effects of the license or enforcement order if the Corporation has not adopted such agreements.

c) Where appropriate, the demolition of the works must be agreed.

(d) Concluded the review procedure, may, where appropriate, dictate the provision for the opening of a sanctioning file to demand the liability and impose the fines in the terms provided for in the Law of the Soil and in this Regulation.

Article 38.

The origin of compensation for the cancellation of licenses on administrative or administrative disputes will be determined in accordance with the rules that govern the administration's responsibility in general.

Article 39.

In no case shall there be any compensation if there is any gross negligence, fault or negligence attributable to the injured party.

CHAPTER III

From works and licenses in green areas or free spaces.

Article 40.

The acts of building or land use related to Article 1 that are carried out without a license or enforcement order on land qualified in the planning as green zones or free spaces shall be subject to the regime the legal provisions laid down in Article 29 as long as they are being implemented, and the arrangements provided for in Article 31 where they have been completed, without application of the time limit laid down in paragraph 1 of that Article.

Article 41.

1. The licenses and enforcement orders to be granted in violation of the zoning or urban use of the green zones or free spaces provided for in the plans shall be null and void.

2. As long as the works are in progress, the effects of the licence and the adoption of the other measures provided for in Articles 34 and 35 shall be suspended.

3. If the works are completed, the declaration of nullity of the licences shall be made of their own motion for the purposes of the formalities provided for in Article 109 of the Law of Administrative Procedure.

Article 42.

If the authorities or bodies referred to in Articles 29, 31, 34 and 36 do not take the measures provided for in those provisions, where any of the assumptions provided for in the previous Articles of this Article are Chapter, the Provincial Delegate of the Ministry of Public Works and Urbanism shall give knowledge of the situation created by the same to the holder of the Department, which may exercise the powers and adopt the corresponding measures provided for in the the provisions cited above.

CHAPTER IV

The suspension and review of municipal acts and agreements on urban planning.

Article 43.

1. Without prejudice to the arrangements laid down for licences and enforcement orders, municipal agreements which constituted a manifest infringement of existing urban rules may be suspended within the year following their notification or publication, where this is required, by the bodies and with the procedure and effects provided for in Article 34, by taking the measures necessary for the effectiveness of the provisions in breach.

2. The measures referred to in the preceding number shall be as set out in this Regulation as soon as they apply, without prejudice to those laid down in the specific legislation on the grounds of the matter.

Article 44.

Local Entities may review their acts and arrangements in the area of urban planning, in accordance with the provisions of Articles 109 et seq. of the Law on Administrative Procedure.

CHAPTER V

Other measures for the protection of legality in the field of licences

Article 45.

It is the responsibility of the Administration for the control and interpretation of the urban legality and the determination and qualification of the infractions, without prejudice to the jurisdiction of the Courts of Justice.

Article 46.

The professional bodies entrusted with the visa of the precise technical projects for obtaining licences shall refuse such a visa to those who have any serious and manifest infraction of the rules relating to parcelations, land use, height, volume and situation of the buildings and permitted occupation of the area of the plots.

Article 47.

1. Prior to the application for a license to the municipal administration, the collegiates will present in the respective College the technical projects, with a statement made under their responsibility for the circumstances and the urban regulations. The invention may be accompanied by the land-planning cedula or the projected building, or certificate issued in form by the City Council, in which the urban circumstances of the farm, or any agreement or act, are recorded. notified or published administrative authority, authorising the building or use of the soil, adopted by the Urban Administration.

2. In case of works by the State, Autonomous Bodies and Local Entities, the intervention of the Office of Project Supervision or the technical approval of the corresponding Entity is sufficient.

Article 48.

The technical project before the Professional College will be considered, it will be estimated that the College understands that there is no urban infractions as referred to in the previous article, if no decision is made expressed in 20 days from the entry of the project into the College.

Article 49.

1. The refusal of the visa for urban reasons shall not prevent the person concerned from submitting the project to the municipal administration or the urban authority competent to grant the licence, on the grounds that he considers it appropriate to justify the non-existence of the infringement which served as a basis for the refusal of the visa and, at the same time, requesting the licence.

2. In the case provided for in the preceding number, the professional associations shall, at the request of the person concerned, supply the copies of the draft submitted to a visa, stating the urban reasons for their reasons. refusal.

Article 50.

1. The municipal administration shall grant or refuse the licence in the light of all the information and reports in the administrative file, and against its decision no other appeal shall be brought before the court, prior to the replacement.

2. The decision to grant or refuse the construction licence shall in any event be notified to the professional college which has intervened in the process of the visa of the relevant project.

TITLE III

Urban violations and their sanction

CHAPTER FIRST

General provisions

Section 1. Urban Infractions

Article 51.

1. Any action that contradicts the rules or the urban planning in force may give rise to:

1) The adoption by the competent authority of the precise measures to ensure the restoration of the legal order infringed and of the physical reality altered or transformed as a result of the action illegal.

2) The initiation of the procedures for the suspension and cancellation of administrative acts in which the unlawful action could be alleged.

3) The imposition of sanctions on those responsible, after processing the corresponding sanctioning procedure, without prejudice to the possible criminal-law responsibilities in which they would have incurred.

4) The obligation to compensate for damages and damages in charge of those who are responsible.

2. The actions provided for in the preceding number shall be carried out by the bodies and in accordance with the procedure laid down for each of them, without prejudice to the rules of connection and compatibility contained in the following Articles.

Item 52.

In no case may the Administration fail to adopt measures to replenish the goods concerned to the state prior to the production of the illegal situation. Penalties for urban infractions that are assessed shall be imposed regardless of those measures.

Article 53.

1. It constitutes an urban infringement any violation of the provisions contained in the Law of Soil or in the Plans, Programs. Rules and ordinances, subject to sanction as determined in this Regulation, in accordance with the classification as set out therein.

2. In accordance with the provisions of the preceding number, urban infractions shall be considered:

a) The violation of the urban planning in the granting of a license or order of execution.

(b) Actions which, being subject to a licence or other administrative authorisation of an urban nature, are carried out without it, whether or not they are legalised in accordance with their conformity or in accordance with the rules of town planning applicable.

(c) Actions to be performed against the determinations of the license, order of execution or administrative authorization of an urban nature.

3. The administrative penalty will be imposed regardless of the criminal assessment of the case by the Courts of Justice, as well as of the measures adopted by them in order to compensate for the damages caused by the Commission of the illegal act.

Article 54.

1. Urban infractions are classified as severe and minor.

2. Serious violations of actions or omissions that, in violation of the urban planning, affect the property and interests protected by it, causing them direct and significant damage or creating a certain and equally important risk.

3. They shall have the character of serious infringements which constitute non-compliance with the rules on parcels, land use, height, volume and situation of the buildings and permitted occupation of the area of the parcels, except in the case of Penalty file is shown to be the low entity of the damage to the general interest, or the risk created in relation to the general interest.

Article 55.

1. These are circumstances that aggravate the responsibility of those guilty of an urban infringement:

(1) The entitlement of a public office or office to be valid, unless the fact that the infringement has been established has been carried out precisely in the exercise of the functional duty of the office or trade.

2) The use of violence or any other type of coercion on the authority or public official in charge of compliance with urban law, or through bribery.

3) Having committed it by altering the alleged facts that allegedly legitimize the performance, or by falsifying the documents in which the legal basis of the action will be credited.

4) The realization of it by taking advantage of or exploiting to its advantage a serious public need or of the particular or particular individuals that will be harmed.

5) Reituation and recidivism.

2. These are circumstances whose concurrence attenuates the responsibility of those guilty of an urban infringement:

1) Having no intention of causing such serious harm to the public or private interests affected by the unlawful act.

2) The guilty party has proceeded to repair or reduce the damage caused, prior to the initiation of the sanctioning actions.

3. These are circumstances that, depending on each case, may mitigate or aggravate liability:

1) The greater or lesser technical knowledge of the details of the performance, according to the profession or usual activity of the culprit.

2) The greater or lesser benefit obtained from the infringement or, where appropriate, having made it without consideration to the possible economic benefit that it gives shall be derived.

Article 56.

When, on the occasion of the administrative files which are instructed for urban infringement, it is presumed that the documents provided or the infringement itself give evidence of the nature of the offence or the lack of the fact, the body responsible for imposing the sanction, on its own or on a proposal from the instructor of the file, shall bring it to the attention of the Courts of Justice, for the purposes of requiring the responsibilities of criminal order in which the courts have been able to offenders.

Section 2. Responsible People

Article 57.

1. In works which are executed without a licence or with non-compliance with their clauses, the promoter, the employer of the works and the technical director of the works shall be punished for urban infractions.

2. In the case of works covered by a licence whose contents are manifestly constituting a serious urban infringement, they shall also be punished: the optional person who has informed the project and the members of the Corporation who they have voted in favour of granting the licence without the prior technical report, or where it is unfavourable by reason of that infringement, or the warning of illegality provided for in the Local Regime legislation would have been made.

Article 58.

Legal persons shall be punished for offences committed by their organs or agents and shall bear the cost of measures to repair the urban order in breach, without prejudice to damages and damages. harm to third parties to the place.

Section 3. Rules for the application of sanctions

Article 59.

The fines imposed on the individual subject for the same infringement shall be independent of each other.

Article 60.

1. Where, pursuant to the provisions of this Regulation, a penalty file has been issued for two or more offences which are classified as a cause of effect, a single penalty shall be imposed and the corresponding penalty shall be actions involving the final result pursued, at the maximum level.

2. In other cases, the persons responsible for two or more urban infractions shall be issued with the fines corresponding to each of the various offences committed.

Article 61.

Ended the time limit determined by the Administration for the person concerned to carry out the actions to replace the situation before the commission of the infringement, if such action had not been taken The present administration shall, within a maximum period of one month, choose between the subsidiary execution or the granting of a new period for the performance of the actions specified by the defendant. Failure to comply with this new deadline shall be punishable by the fine corresponding to the original infringement, imposed to its maximum extent, and the opening of the period of one month for the Administration to decide to grant a new period of execution for the interested or by subsidiary execution. Successive actions of non-compliance shall be resolved in accordance with this same rule.

Article 62.

1. In any event, the urban infringement may constitute an economic benefit to the infringer. Where the sum of the penalty imposed and the cost of the actions for the replacement of the goods and situations to their original state are below that benefit, the amount of the fine shall be increased to the extent of the amount of the same.

2. In cases where the restoration of the urban order infringed does not require any material action or any third party is harmed, the penalty imposed on the infringer shall not be less than the benefit obtained from the illegal activity.

Article 63.

1. Where in fact there is an aggravating circumstance, the penalty shall always be imposed to its maximum extent.

2. If there is any mitigating circumstance, the penalty shall be imposed at its minimum.

Section 4. Competition and procedure

Article 64.

The competent authorities to impose fines and the maximum amounts of fines shall be as follows:

[a] The Mayors: In the municipalities that do not exceed ten thousand inhabitants, one hundred thousand pesetas; in those that do not exceed fifty thousand inhabitants, five hundred thousand pesetas; in those that do not exceed a hundred thousand inhabitants, one million In those who do not exceed five hundred thousand inhabitants, five million pesetas, and in those of more than five hundred thousand inhabitants, ten million pesetas.

b) The civil governors, prior to the report of the Provincial Planning Commissions, up to twenty-five million pesetas.

c) The Minister of Public Works and Urbanism, prior to the report of the Central Planning Commission, up to fifty million pesetas.

d) The Council of Ministers, on a proposal from the Public Works and Urbanism and previous report of the Central Planning Commission, up to a hundred million pesetas.

Article 65.

1. They shall be competent to agree to the initiation of the sanctioning file, in addition to the authorities listed in the previous article, the Councils, the Provincial Planning Committees and other urban entities or bodies that have assigned inspection and control powers of the planning.

2. In dealing with the sanctioning procedure, the Administration that instructs it will apply its specific legislation in any case.

3. Where the motion for a resolution includes a fine in excess of that of the jurisdiction of the bodies concerned by the administration which dealt with the sanction file, the proposal shall be submitted to the competent authority. by reason of the amount, according to the rules set out in the previous article, which will agree the corresponding penalty.

CHAPTER II

Of the different violations and their penalties

Section 1. On Parcelation Matter

Article 66.

1. They will be fined 15 to 20 per 100 of the value of the land affected by land parcels on undeveloped land.

2. The penalty set out in the previous number may be increased to 30 per 100 of the value of the land if the division carried out injures the specific value which, where appropriate, protects the urban planning.

3. In no case shall they be considered as solar, nor shall they be allowed to be built on them, the lots resulting from a parcel effected with infringement of Articles 95 and 96 of the Law of Soil.

Article 67.

In the same sanction, those who carry out, for the purposes of construction, parcels on land destined for social equipment planning or the execution of general communications systems or green zones or free spaces.

Article 68.

1. A penalty of 10 to 15 per 100 of the value of the affected soil will be applied to those who make parcels on unscheduled land land before the final approval of the corresponding Urban Action Programme.

2. The penalty may be increased to 20 per 100 of the value of the soil, where one of the circumstances referred to in Article 67 is present.

Article 69.

1. With a fine of 5 to 10 per 100, those who hold land parcels classified as scheduled land planning will be punished if there is no definitively approved Partial Plan.

2. The same sanction shall apply to parcels on land declared eligible to be urbanized by the corresponding Planning Subsidiary Standards, or on unscheduled urbanizable land that has approved Urban Performance Program, provided that In both cases there is no definitively approved Partial Plan.

3. If, in the cases referred to in this article, the parcel is in breach of provisions contained in the General Plan, the Subsidiary Rules or the Urban Action Programme, the penalty shall be 10 to 15 per 100.

Item 70.

1. Urban land parcels that contradict the forecasts set out in the General Plan or the Planning Subsidiary Rules will be sanctioned with a fine of 5 to 10 per 100 of the value of the affected land.

2. In no case shall they be considered as solar and shall not be allowed to build in them the batches resulting from the parcelation.

3. If the area is affected by public domain, social and community equipment, general systems or free spaces, the penalty may be 20 per 100 of the value of the land.

Article 71.

The penalty set out in the previous article will apply to the parcels that are carried out on urban land classified through the approved delimitation projects, in accordance with article 81 of the Law of Soil, when those Violate the Municipal Ordinance.

Article 72.

It will be sanctioned with a fine of 5 to 10 per 100 of the value of the land affected by the operations of parcelation or division of land that give rise to lots inferior to the plot established as indivisible. In the same sanction, those who divide or segregate parcels that have the status of indivisible shall incur.

Article 73.

They will be punished with a fine of 10 to 20 per 100 of the value of the affected land who will make parcels on land that has not previously been classified as urban land by a Plan, Complementary Standard and Subsidiary of Planning or Delimitation Project, provided that such parcels involve the creation of a new population nucleus or the extension of one already constituted in terms, in this case, that require the execution of works of infrastructure which is not merely a complement to existing urbanisation.

Article 74.

It shall be punishable by a fine of 2 per 100 of the land value of the parcelation operations which, without contradicting the planning in force, are carried out without the relevant licence.

Article 75.

If the partnership has been carried out with a licence whose content constitutes a manifest infringement of the planning, the initiation of the procedure for the review of the administrative act shall in turn constitute the initiation of the of the sanctioning procedure for the removal, without prejudice to the provisions of Article 91.

Section 2. Soil and Building Use

Article 76.

1. Those who carry out construction or urbanization works against the use that corresponds to the land in which they are executed, will be fined 10 to 20 per 100 of the value of the projected work.

2. The penalty shall be imposed to its maximum extent when the action relates to land intended for roads, parks and public gardens, recreational and expansion sports areas, or community equipment.

Article 77.

1. Those who perform, on grounds intended for public or general interest planning, acts, activities, works or facilities which prevent or seriously disturb such use, shall be punished:

1) With a fine of 10 to 20 per 100 of the value of the affected soil, where the fact that prevents the use or produces the disturbance leads to a permanent situation.

2) With a fine of 1 to 5 per 100 of such value, when performed on a purely occasional basis, or the facilities or activities may be subject to legalization by the competent administrative body.

2. Where the infringement is carried out on goods which are not subject to assessment, because they are permanently excluded and total legal traffic, the fine may be between 5 000 and 500 000 pesetas, with the greatest or least significant degree of that the disturbance causes public use.

Article 78.

In the sanction mentioned in the previous article, according to the same assessment criteria and also distinguishing between the permanent, occasional or legalizable character, those who perform acts of land use will incur that, not being included in that article, are incompatible or alter the intended use in the planning in force.

Article 79.

You will be fined 5 to 10 per 100 of the value of the building, plant, premises or dependency who alter the use to which they are intended by the Plan, Rules or Ordinance.

Item 80.

A fine of 10 to 20 per 100 of its value will be sanctioned for excess building on the buildability permitted by the Plan.

Article 81.

In the same sanction, those who perform buildings with a height of more than three plants, measures at each point of the land, where there is no plan or urban regulations that authorize it, or those in those municipalities, will incur the same penalty. in solar-locked in cores or apples built on more than two-thirds of them with heights above the average of the buildings already constructed.

Article 82.

1. A fine of 5 to 10 per 100 of the value of the excess shall be punishable by the acts of construction, where this is higher than that determined by the Plan or Standard of application, if such excess does not result in an increase in the permitted volume.

2. The same sanction shall apply to those who build in basements or semi-basements, whatever the use to which they are used, not permitted by the applicable Urban Plan or Standard.

Article 83.

A fine of 5 to 10 per 100 of the value of the realized, the execution of consolidation works, increase in volume, modernization or increase of its value of expropriation in qualified buildings as out of Article 60 of the Law on Soil, with the exception of the exceptions provided for in the third paragraph of the same article. If such works lead to increases in volume or increase in height in relation to the existing situation, they shall be sanctioned in accordance with Articles 80 and 81 of this Regulation.

Article 84.

Those who build on plots whose surface is less than that established as minimum buildable, will be fined 10 to 20 per 100 of the value of the projected work, graduating the fine according to the greater or lesser disproportion that exists between the surface of the built-up plot and the surface of the minimum plot according to the Plan.

Article 85.

Violations for non-compliance with the rules of distance of the buildings from each other and in relation to the public roads, free spaces and lines, will be sanctioned with a fine of 10 to 20 per 100 of the amount of the work that is place out of the limits to which you need to adjust.

Article 86.

1. Those who bring down or dismantle in whole or in part buildings, buildings or installations which are the subject of special protection for their monumental, historical, artistic, archaeological, cultural, typical or traditional character shall be sanctioned with fine equivalent to twice the value of the destroyed.

2. In the case of goods of a monumental, artistic, historical or archaeological nature, the determination of the value of the destroyed shall be carried out by the commission referred to in Article 78 of the Law on Compulsory Expropriation.

Item 87.

A fine of 5 to 10 per 100 of the value of the projected work shall be sanctioned for the construction of buildings in immediate places or forming part of a group of buildings of a historical artistic, archaeological, typical or which, in breach of the relevant rules or legal regime of protection, violates the harmony of the group, or when they produce the same effect in relation to some edifico of great importance or quality of the indicated characters. The graduation of the fine shall be carried out in the light of the serious or minor character of the discordance produced.

Article 88.

They will be fined 10 to 20 for 100 of the value of the complementary works that it is necessary to carry out in order to correct the corresponding deficiencies, who violate the rules on conditions hygiene-sanitary and aesthetic. In the same sanction, those who violate other determinations of the building regulations or the Urbanization Project, when they cause injury or put at risk the normality of the use of the building, construction, installation or service or user health.

Article 89.

A fine equivalent to 1 per 100 of its value shall be sanctioned for the performance of works without the corresponding Urbanization Project, when the approval of this is required.

Section 3. Common Provisions

Article 90.

1. They shall be subject to a fine of 1 to 5 per 100 of the value of the work, installation or intended action, who perform any of the activities referred to in Article 178 of the Law of the Soil without a license or order of execution, where such activities are legalizable to be in conformity with the applicable urban rules. For unlicensed parcels, the fine shall be fixed in relation to the value of the soil.

2. Where the activities referred to in the previous number are not legalizable, the penalties provided for in this Regulation shall apply for the types of infringement in each case.

Article 91.

1. Where the activities constituting an infringement under this Regulation are carried out under a licence or order of execution and in accordance with their determinations, no penalty shall be imposed as long as the act is cancelled. administrative authority to authorize them.

2. If the cancellation of the license is a consequence of the cancellation of the planning instrument that it brings, there will be no place to impose sanctions on those who act under the license, unless they are the promoters of the Plan. declared null and void and the nullity is a consequence of the actions of the same.

CHAPTER III

From the prescription

Article 92.

1. The limitation period for urban infringements shall take place for a period of one year from the date on which they were committed or, if this is not known, from the date on which the sanctioning procedure could have been initiated. It shall be understood that the sanctioning procedure may be initiated when external signs appear that permit the facts of the infringement to be known.

2. In the case of infringements resulting from continued activity, the initial date of the calculation shall be the date of completion of the activity or of the last act with which the infringement is consumed.

Article 93.

Notwithstanding the provisions of the previous article, where there are acts of the Administration that authorize activities constituting an urban infringement, the limitation period shall be that established in the Law of the Soil for the review of those administrative acts.

Article 94.

1. In accordance with the provisions of Article 168 of the Soil Law, acts of building or land use that are carried out without a license or enforcement order on land qualified in the planning as green zones or free spaces, shall not be be subject to a limitation period.

2. Similarly, the activities carried out under licences or implementing orders to be granted in violation of the zoning or urban use of the green areas or free spaces provided for in the Plans shall not be subject to limitation period.

FINAL DISPOSITION

Without prejudice to the application, since its entry into force of the provisions of the Soil Law on the building and use of soil that develop Titles I and II of this Regulation, the legal regime of the infringements and penalties laid down in Title III thereof shall apply to the facts arising from the entry into force of this Regulation.