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 regulation general 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 planning for the development and implementation of the law on the regime of the soil and urban planning and its annex «Reserves of land for appropriations in partial plans», 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 planning for the development of the law on regulation of land and management urban title first of the urban planning of the territory chapter I article 1 planning typology.
The urban planning of the national territory can be developed through a National Plan of management and directors territorial coordination plans, municipal master plans and complementary standards and subsidiaries for the planning.
General plans and complementary standards, and subsidiaries of planning, as well as the special plans, will accommodate their determinations to those contained in the National Plan and the territorial Directors plans for coordination.
1 the municipal urban planning will be carried out, as appropriate, through the following instruments of planning: to) Municipal urban General Plan.
b) subsidiary planning regulations for all the municipal territory, with the determinations set out in article 71.3 and 4 of the recast of the regime of the soil and urban planning Act, hereinafter the land law.
(c) subsidiary rules of planning, with the determinations set out in article 71.3 of the land law.
d) of delimitation of the ground urban project, formulated pursuant to article 81.2 of the land law, complemented, where appropriate, with the relevant ordinances of building and land use.
2. the choice of the instrument for planning suitable to each municipality will be made taking into account the forecasts which, in his case, contains the Territorial Plan of coordination and, if it does not exist or does not establish anything to the effect, the complexity of the problems arising in the urban development, the capacity of management and programming of the municipality, appreciated by the affected Local Corporation and by the Provincial Planning Commission, or by the Minister of public works and Urbanism.
Municipal general management plans will be developed, depending on the kind of soil on which they act and in view of the aim pursued in each case, through partial plans, detailed studies, urban action programmes or special plans.
1 the standards subsidiaries of the planning city referred to in article 3, paragraph 1.b), will be developed through partial plans, studies of detail and special plans, according to different kinds of flooring to be laid down therein and the aim pursued.
2. the subsidiary rules referred to in paragraph 1 (c)) of the same article is complete and will be developed by means of detailed studies and special plans.
Special plans will be drafted for some of the purposes of article 17 of the law of the land, even if there are no Directors territorial coordination plans, unless in any case, they can be used as an instrument of comprehensive management territory or they can, therefore, classify the soil.
In the absence of management plans of the soil, the delimitation of urban land of each municipality, will take place through the drafting of delimitation of corresponding projects.
Chapter II article 8 national plan.
1. the National Plan of management will establish the broad guidelines of the regional planning, in coordination with the economic and social planning aimed at the greater well-being of the population.
2 the National Management Plan will contain the following determinations: a) general structure of the territory and the systems that integrate it, especially urban settlement system.
(b) indication of basic activities affecting the land use planning in different geographical areas, and assignment of the recommended distribution of the population in coordination with the economic and social planning.
(c) indication of areas of conservation or improvement of the natural environment.
(d) establishment of the different programmes and actions that must develop in the medium and long term to achieve the planned objectives.
(e) signs of needs involving the proposed ordination in order to the drafting and approval of plans and town planning regulations.
(f) and any other determinations that-considered to be suitable to achieve the purposes of the Plan.
Chapter III coordination article 9 territorial Directors plans.
The territorial Directors plans of coordination may be supraprovincial, provincial or regional level.
1 Directors territorial coordination plans shall establish, in accordance with the principles of the National Plan of management and of the economic and social planning and regional development requirements, the guidelines for the management of the territory, the physical framework in which have developed estimates of the Plan and the territorial model that must coordinate plans and standards that affect.
2. for the purposes referred to in the previous number, directors territorial coordination plans will define a model for structuring of the territory in accordance with the requirements of regional development, which serves as the framework for the proper coordination of the various actions, plans and programmes which impact on that territory, establishing the global distribution of uses and activities on the same basic infrastructures, the areas subject to specific limitations, the measures of protection of the environment and those other determinations which may be necessary to articulate plans and regulations that develop it.
3. these determinations shall be established taking into account the possibilities and programmes of action of the public sector and the predictable actions of private, depending on the socio-economic characteristics of the territory and its population and measures envisaged in the Plan itself.
The coordination territorial Directors plans shall contain the following determinations: to) the scheme for the geographical distribution of applications and activities that must be used primarily soil, pointing out the main or secondary, exclusive or alternative nature of different uses or activities.
(b) the marking of areas that have set limitations for reasons of national defence or for other reasons of public interest, taking into account, in any case, the specific legislation on the subject.
(c) the protective measures to be taken to preserve the soil and other natural resources of the urbanization processes in areas which by its natural characteristics or its landscape value should be excluded from this process.
(d) measures to defend, enhance, develop or renew the natural or urban environment by specifying the mere prohibitions and obligations assigned to the Administration and the administered for such defence, improvement, development or renewal.
(e) appropriate measures to prevent that they are affected by the urban development areas that, without protection in order to its natural, ecological and landscape values, or of any kind, are not necessary for such development.
(f) the specific measures for the protection of artistic, architectural and cultural heritage, not only insofar as they affect monuments and ensembles, but also to their environment or spaces that are necessary to preserve certain perspectives.
(g) the point and location of basic infrastructures relating to land, sea and air communications and the supply of water, sanitation, production and distribution of energy, and similar.
(h) the programming of actions required for the execution of its forecasts.
The coordination territorial Directors plans will be integrated by the following documents: 1. memory to be referred to the following ends: to) Basic, accompanied by the necessary studies, information which should consider all aspects that may influence or determine the structuring of the territory, and in any case the following:-natural characteristics of the territory, such as the geographical, topographical, climatic and other similar with reference to the landscape values organic, urban, historical and artistic to have relevance in the whole of the territorial scope of the Plan.
-Use of which is naturally susceptible territory from the point of view of agricultural, forestry, livestock, hunting, mining, or others.
-Uses, activities and basic infrastructure in the territory.
-Incidence of the specific protective legislation in the field of natural spaces, mountains, coasts, airports, public channels, reservoirs, national defense and any other of the same character that is applicable in the territory subject to the Plan.
-Characteristics of the population on the territory, their economic and social conditions and the forecast of its evolution.
-Works that were scheduled and reference to the policy that could influence the structural development of the territory, especially that with that scope has been envisaged in the National Plan of management and in economic and social planning, as well as in any other plans or projects of the administration of the State or local or institutional entities.
(b) criteria and objectives of the structuring of the territory on the basis of the verified basic information and studies.
(c) examination and weighted analysis of different possible alternatives based on the criteria and objectives.
(d) justification and description of the chosen alternative and development of it.
e) determination of planning instruments required for the development of forecast Plan and carry out their actions, specifying which must be done through general plans or subsidiaries and complementary standards or which are to be carried out by means of special plans. The Plan will outline those sectors of the territory that should be subject to joint planning.
2 graphical documentation, which will consist of: to) planes of information that express, as far as possible, the present state and characteristics of the territory to extend the Plan, referred to the fundamental ends set out in the section to) the previous number, and any other circumstances that are relevant.
(b) management plans concerning the determinations referred to in the preceding article.
3. rules for the application of their determinations.
4 programs of action for the development of the Plan with the corresponding bases of technical and economic, noting deadlines that have drafted the Plan development planning instruments and carry out the actions envisaged in it.
5 tracking system Plan, establishing the limits of validity of their determinations and alert mechanisms that enable to detect the need for partial modification or revision.
1. the determinations of the coordination territorial Directors plans linked to administration and individuals. Measures envisaged therein be conducted by each of the ministries affected in the areas of their respective responsibilities, pursuant to the requirements laid down in the Royal Decree of approval and in accordance with the deadlines set out in the Plan itself.
2. the local municipal corporations whose term is affected totally or partially by Territorial Director Plan of coordination, without prejudice to the immediate entry into force of this shall promote, within a maximum period of one year, the corresponding accommodation to their determinations through the timely review of their respective municipal general plans. Similarly be the accommodation of the complementary norms and subsidiaries for the planning.
3. also be by corporations and other relevant agencies to accommodate the existing sectoral plans to the determinations of the Territorial Plan of coordination, and this can fix the relevant time limits.
Chapter IV of the municipal management section 1 General provisions article 14 plans.
1 General municipal plans of urban planning as an instrument of comprehensive planning, will encompass one or more complete municipalities.
2. the Municipal General Plan shall adopt the model of land use long term resulting from the qualitative weighting of the different alternatives of planning that have been formulated initially.
1 municipal general management plans be classified the ground for the implementation of the relevant legal regime; they will define the key elements of the general structure adopted for the urban planning of the territory; establish the programme for their development and implementation; and will indicate the time limit which have understood the whole of its forecasts, from which, and according to the degree of fulfillment of these, referred to proceed to their review.
2 where there are directors territorial coordination plans, municipal general plans must be drawn up taking into account the findings and guidelines set out in those, in a coordinated manner with the provisions of economic and social planning.
1. the municipal general plans have by specific object in urban land complete their ordination by the detailed regulation of the use of the land and building; point out the renewal or reform that is coming; define those parts of the overall structure of the Plan corresponding to this kind of terrain, and propose programmes and concrete measures of performance for execution.
2. General plans must consider the previously existing urban situation, well to preserve it, to rectify it directly through the own determinations of the General Plan or enabling the formulation of the appropriate Special Plan of internal reform which develop the basic forecasts that such an object set the overall Plan itself.
1. the municipal general plans have specific aim, on the land, define the key elements of the general structure of the urban planning of the territory; establish, according to their categories, generic regulation of different global uses and levels of intensity; and secure development in the short and medium-term programmes referred to a set of public and private performances.
2. also they will regulate such terms and conditions that may be joining urban development actions not scheduled through the formulation of appropriate programmes of urban action for the realization of integrated urban planning units.
General municipal plans are specific object, in the undeveloped, preserving the soil in the process of urban development and to establish, where appropriate, measures to protect the territory and the landscape.
Section 2 of the character general article 19 determinations.
1 the municipal general plans of management shall contain the following general determinations: to) soil classification, with expression of surfaces allocated to each of the types and categories into which it is divided.
(b) general and organic of the territory, integrated structure by determining the urban development elements and, in particular, by the general system of communication and protection areas; of free spaces to public parks and green areas in proportion not less than five square meters per capita; and the community equipment and public facilities.
(c) programming in two stages of four years of the development of the Plan in order to coordinate actions and public and private investments in accordance with the plans and programs of the various ministerial departments.
(d) measures for the protection of the environment, conservation of nature and protection of landscape, urban and historical-artistic, natural and joint elements in accordance, where appropriate, with specific legislation that applies in each case.
(e) indication of the circumstances pursuant to which appropriate, in due course, review of the Plan, based on the total population and its rate of growth, resources, uses and intensity of occupation of the soil and other elements that justified the classification of soil initially adopted.
2. General schemes, when they affect territories with approved planning, incorporated, with the degree of precision that corresponds according to the class or type of soil to which they refer, determinations of earlier planning declaring remaining General Plan itself.
3. in any case, the General Plan shall specify the legal regime applicable to planning that has been existing before and the existing building, establishing the relevant provisions on transitional arrangements, in which be contained the appropriate warnings on the validity of previous planning, in view of the degree of incorporation of its determinations to the General Plan.
1. the General Plan classified soil in urban, land and undevelopable.
2 you can do without some of these classes or categories of soil if shal1 it circumstances that occur in the municipality as well, or the precise objective conditions did not give to include land in the types or categories of soil that will dispense.
3. in any case, the General Plan shall delineate the spatial areas that corresponds to each of the types and categories of soil on it established.
4. the allocation of surfaces is justified for each of the types and categories of soil based on the actually existing circumstances, of the provisions on settlement of population, activities and services of collective.
Order General Plan classify land as urban, including them in the delimitation provided for that purpose, must be having some of the following requirements: to) that the grounds are equipped with road access, water supply, waste water disposal and supply of electric power, and must have these services suitable to serve the building that on them exists or is to be build.
((b) that the grounds, still lacking some of the services mentioned in the preceding paragraph, have their management consolidated, to occupy the building, at least, two-thirds of the areas suitable for the same according to the management proposes to the General Plan for them). The Plan must declare accurate operations of internal reform or specific actions of urbanization to achieve the necessary staffing levels of minimum services set out in the section a) of this article.
1 will be developable land which the Municipal General Plan declared eligible, in principle, to be urbanized.
2 within of the plot, the Plan will establish all or any of the following categories: to) ground set, consisting of one whose development should be developed according to the program of the Plan itself.
(b) not programmed, integrated soil which can be object of urbanization by the adoption of programmes of urban action.
1 in programmed classified as developable land must include the necessary surfaces to: to) the new settlements population and productive activities whose implementation is foreseen in the program.
(b) the establishment of those parts of the General systems required for the development of estimates of population and activities referred to in the preceding paragraph.
2 for the classification of how land scheduled and for the establishment of the programme should take into account criteria of weighting that value within each stage: a) the existing situation.
(b) the characteristics of predictable urban development.
(c) the need to produce a coherent urban development on the basis of the strategy in the long term of the Plan.
(d) the proper ratio between the new settlements and urban equipment.
(e) forecasts of public and private investment.
3. every four years City Hall review determinations of the programme and, where appropriate, will expand in four other temporary limit covering its forecasts, according to previous two numbers-based criteria and content. If as result of this review was necessary to change the extension's programmed urbanizable, it will proceed to modify or, where appropriate, revise the determinations of the General Plan in the terms established for the formation of the plans.
4 is it classified as land not programmed that that must be reserved, according to the pattern of use of the territory, adopted by the General Plan, for its possible development and which is not necessary for the realization of the forecasts of the program.
They will constitute the undeveloped: to) that the Plan does not include in any of the types of soil referred to in the preceding articles.
(b) the spaces determined by the Plan to grant them special protection, for the purposes of this law, because of its exceptional value agricultural, forestry or livestock, the possibilities of exploitation of their natural resources, their landscape values, historical or cultural or for the defense of fauna, flora or the ecological balance.
1 key elements of the general and organic structure of the land use planning shall be established by the comprehensive Plan taking into account the model of urban development adopted, defining: a) the allocation to different parts of the corresponding global applications whose implementation is expected, and the intensity of them.
(b) the general system of communications, both urban and interurban, establishing the reserves of soil necessary for the establishment of road and rail networks, areas of access to them, and all those other facilities linked to this system, such as stations of railway and buses, ports, airports and other similar facilities.
(c) the general system of free spaces consisting of:-public urban parks, in proportion not less than five square metres of land per person, in relation to population provided for in the Plan. Only those compatible with your character uses not involving restriction of public use will be accepted in these parks.
-Public areas devoted to cultural or recreational leisure parks sports, zoos, fairs and other similar facilities.
(d) the general system of community equipment, comprising all those centres serving the population intended for applications:-administrative.
-Cultural and educational situation and extension right so that they can comply with the provisions of special legislation.
-Health, welfare, religious, cemeteries, and any others that are considered necessary for the better development of the community's interests.
(e) installations and works whose implementation could influence substantially in the development of the territory, such as producing energy, dams, conduction and distribution lines, and similar.
2. General plans shall define systems in the previous paragraphs with sufficient precision in order to allow a proper development of planning in partial or special plans.
(3. the equipment referred to in paragraphs 1.c) and 1.d) shall be fixed according to the needs of the population to which they serve, without prejudice to provisions of the partial plans, must be ensured in the obtaining of the general system of open spaces and community equipment, any that are characteristics of the units of planning proposed General.
1. the General Plan shall designate for all of the land comprised in its scope the objectives, guidelines and strategy of its development.
2. the definition of the General systems of the general structure of the territory will be formulated without prejudice to the classification of the soil, and the process of his execution be accommodated to the strategy established for the development of the Plan.
3. in addition to the provisions in the previous issues, will be incorporated to the land, including in the programming referred to in subparagraph (c)) of article 19 of this regulation, forecasts of public and private performances in order to carry out work related to the general and organic structure of the territory and the total urbanization of the soil.
1. in different types and categories of soil, the Plan will establish the criteria and designated budgets in fact pursuant to which can define, where appropriate, areas and sets to undergo special protective legislation by reason of the matter.
2. also you can complete this legislation with the rules that the Plan itself it considers necessary for the protection of the urban or rural environment, nature conservation and protection of the landscape, urban and historical-artistic, natural and joint elements unless such standards can contradict or change the special character mentioned in the previous issue.
3. the aforementioned measures of protection and defence may consist in the prohibition of certain activities to develop in areas or sets, or the imposition of obligations designed to avoid the degradation of any of the elements of environmental or urban or historical datasets.
The General Plan shall designate the limit temporary it referred to the whole of its forecasts, from which, and according to the degree of realization of these, should proceed to their review. It will also establish circumstances whereby there will be carry out advance review, setting the allowable margins of tolerance to deviations between the actual trend and the planning provisions that justified the classification of the soil or the initially adopted urban development model.
Section 3 of the determinations in urban land article 29.
1 on urban land, general plans shall contain, in addition to the determinations of a general nature, the following: a) delimitation of its perimeter or perimeters depending on whether there are one or more towns in the territorial scope of the Plan.
(b) indication of those areas which provide for internal reform operations, requiring the formulation of a Special Plan for this character. For these areas the General Plan must be set explicitly objectives he intends to reform and, at least, uses and intensities of the same that will result from the planned reform.
(c) allocation of detailed applications corresponding to different areas, defining in detail the specific use of the areas included in each one of them.
(d) limitation of the free spaces and green areas destined to public parks and gardens, as well as sports facilities, recreation and expansion also public. Such allocations shall be independent of those set out in this type of soil for general and organic structure of the territory referred to in article 25.1 c) of this regulation and shall be fixed in proportion appropriate to the collective needs and the socio-economic characteristics of the population and agree, in any case, with the specific legislation on the matter.
The Plan must point out the character of public or private ownership of each of the sports areas, recreational and expansion, differentiating them, in any case, the open spaces and green areas for parks and public gardens.
(e) site reserved for temples, teaching centers, public or private welfare and health and other social and public interest services that are part of the urban community team, in a proportion appropriate to the collective needs and the socio-economic characteristics of the population.
(f) layout and feature of the road network, with classification of the same depending on the expected traffic and signaling of alignments and grades referred to the whole or part of that soil, specifying at least the width of the vials or defining the criteria for fixing.
(g) forecast of public parking, justifying the choice of its location in relation to the proper planning of public transportation and other urban conditions.
(h) detailed regulation of the detailed use, volume, and sanitary conditions of the land or buildings, as well as the aesthetic characteristics of the management of the building and its surroundings.
(i) characteristics and layout of the galleries and supply networks water, sewage, electricity, and other services that can be anticipated in addition Plan.
(j) economic evaluation of the implantation of services and execution of infrastructure works.
2. the General Plan may be for this type of soil programmes that are necessary for the implementation of those determinations that are required to complete the process of urbanization.
3. to establish the detailed management of urban land, the General plans can pick the urban situation, well to preserve it, either to correct it directly through the own determinations of the General Plan.
Section 4 of the programmed urbanizable article 30 determinations.
In the programmed urbanizable, the General Management Plan shall contain, in addition to the determinations of general character, as follows: to) development systems of the general structure of the urban planning of the territory referred to in article 25 of this regulation, with sufficient precision to allow the drafting of special or partial plans.
(b) fixing the use of half of the total surface and the of each of the sectors, if they were several of the necessary ground in each four-year period, according to strengths and global applications pointing on the grounds that they are not intended for the General plan to roads, parks and public gardens and other services and facilities of general interest homogenizing these applications according to their relative values.
(c) allocation of global applications to different areas, setting the intensities corresponding to such uses. This allocation may be exclusive or alternative nature provided that in the latter case the uses that are finally selected by the corresponding partial plans are compatible each other and make sure the balance applications, their intensities and the equipment of infrastructures and services.
To calculate, determine and apply the intensity of use of each area is taken into account exclusively the area occupied by the same, excluding the land intended for general systems, even if they are adjacent.
The assignment of intensities corresponding to residential use shall take into account the provisions of article 75 of the law of the soil and 47 of this regulation.
d) location of the centers of service and layout of basic networks of water supply, sewerage, electricity, public lighting, telephony and other services which may provide for the Plan, with the expression of its fundamental technical features.
(e) division of the territory into sectors for the development of partial plans.
1 a the purposes specified in paragraph b) of the preceding article shall be established: 1 for each zone, using coefficient which expresses the value that the Plan attributed to each use compared to others.
(2nd for each sector, a coefficient which are globally reflected differences between sectors, determined by the following circumstances: to) situation with regard to General attendees and other significant urban elements.
(b) characteristics of the soil and its impact on the cost of the urbanization and construction.
(c) any other circumstance that is deemed of particular relevance for this purpose.
2. the coefficient of homogeneity of each zone shall be obtained by multiplying the coefficient that been assigned in accordance with the provisions of paragraph 1 of the previous number, by the coefficient corresponding to the sector where it is located. This coefficient can be adjusted specifically to any particular area where there are special circumstances, to obtain a better relative valuation.
3. the use of each zone will be the result of multiplying its surface by the buildability, expressed in square feet buildable by each square meter of soil, and retrieved homogenization coefficient as indicated in paragraph 2 of this article.
4 the sum of use that apply to all areas in the included will be a sector leveraging.
Use half of each sector shall be obtained by dividing its use by the total area of the sector.
5. the use of developable programmed in each four-year period will be the sum of the exploitation of all the sectors in which it could this land be divided.
Use half of the land scheduled for each four-year period shall be obtained by dividing its use by the total area of the ground scheduled for the four-year period.
6 included in programmed urbanizable land intended for the General plan to introduce general systems will be considered, for the purposes prevented in this article, use null.
7. the allocation of coefficients to different zones and sectors must be reasoned exposing the motivations that have led to its determination. The coefficients shall be equal or less than the unit.
The division of the land for development in sectors shall establish in a way such that these constitute geographical and urban units that will enable a proper partial plans. Each sector shall be subject to a partial Plan whose implementation will take place in one or more polygons.
The areas included within each sector will have homogeneous urbanistic characteristics and its perimeter will be delimited planning situations, general communication systems, spaces of General Plan or defined, natural elements so that they ensure an adequate inclusion of the sector within the urban structure general the Plan.
In any case, each sector will have the necessary dimensions to allow the reserve of allocations provided for in this regulation.
1. where the circumstances so require, may propose is a unique sector of planning. The detailed planning of the General systems will be made by special plans, unless it is advisable to inclusion in the management of the sectors to be developed by partial plans.
2 partial plans or the special, in his case, may specify the details of the layout of the road networks and services by adjusting them to the physical characteristics of the land or the urban structure arising from the degree of execution of adjacent sectors and the regulations.
5th section of determinations in non-programmed urbanizable article 34.
In land not programmed, the General Plan, as well as the determinations of a general nature, will contain the following: a) delimitation of this category of soil, expressing the exclusive, alternative or compatible character of applications assigned to each area.
(b) indication of incompatible within each area with the general structure of the urban planning and territorial model proposed by the Plan itself, or applications which are incompatible with the applications assigned to scheduled or not developable urban, land soil.
(c) establishment of the technical characteristics which should bring actions of this category of land, comprising: 1 characteristics that must meet in the delimitation of the land, whereas the need for a proper insertion of the action in the urban structure of the Plan.
2nd maximum Magnitudes and minimum that can reach the performance from the point of view of surface expansion and uses that may be permitted.
3rd systems of equipment, services and facilities to be established in each performance.
4th requirements that must be met to ensure the connection with the road network and transport provided for in the General Plan.
5 service networks to be established and its relationship with the existing or proposed in the Business Plan. At least they must have same characteristics established for these services in the programmed urbanizable.
(d) definition for the purposes of article 85 the law of the land, of the concept of population, based on the characteristics of the municipality, establishing the objective conditions that lead to its formation.
Urban action programmes may include, in accordance with the minimum quantities referred to in subparagraph (c)), 2 of the previous article, part of the territory of an area, one of them complete or several areas or parts of them, provided that, in any case, they constitute an integrated urban development, meaning that resolved itself the totality of the urban problems inherent to its implementation and operation organic , as defined in article 71.2 of this regulation.
6th section of the determinations in article 36 undeveloped.
In the undeveloped, the General Plan will establish the following determinations: a) delimitation of the areas that must be object of special protection, including, where appropriate, the absolute prohibition on building and pointing out the measures to be adopted for the purposes of the preservation, improvement and protection:-of soil, flora, fauna, landscape, courses and masses of water and other natural elements , including, where appropriate, the absolute prohibition on build.
-The natural environment or those of its elements which have undergone some form of degradation.
-The archaeological sites and structures or remnants of them architectural, historical and artistic character or contain any designated cultural element located in this type of soil.
-For those who need to be earmarked for certain crops or agricultural, livestock or forestry holdings.
(b) definition for the purposes of article 86 of the land law, of the concept of population, based on the characteristics of the municipality, establishing the objective conditions that lead to its formation.
(c) characteristics of buildings and constructions that can rise as laid down in article 86 of the land law depending on the uses to which it is intended. For this purpose, shall: 1 measures to prevent the possibility of formation of nuclei of population defined by the Plan itself according to the characteristics of the territory subject to planning and which guarantee in any case the isolated building, condition for which must be noted, as a minimum, the following conditions:-plot of land that has become affected the building in terms of form and surface.
-Distance to edification of the building regarding the limits of the property.
2. regulations to that buildings must be secured to ensure its adaptation to the rural environment and landscape in which it is located and the measures to be taken to preserve the natural values of the land affected by the construction.
Section 7 of article 37 General Plan documentation.
The determinations of the General Plan will be developed in the following documents: 1. memory and complementary studies.
2 planes of information and urban planning of the territory.
3. town planning regulations.
4. the programme of action.
5. Economic and financial study.
The memory of the General Plan shall establish the conclusions of the urban information that determine the spatial, will analyze the different possible alternatives and will justify the model chosen, the determinations of a general nature and those corresponding to the various types and categories of soil. Refer to the following: 1 justification for the convenience and opportunity of its formation.
(2nd information urban development, accompanied by the necessary complementary studies, which should consider all aspects that may influence or determine the use of the territory, and in any case the following: to) force planning beforehand.
(b) outcome of the procedure of public participation in the process of drawing up the Plan.
(c) the territory as the geological, topographical, climatic and other natural features.
(d) use that it is susceptible to the territory, from the point of view of agricultural, forestry, livestock, hunting, mining and others.
(e) the uses to which the land is intended for, buildings and existing it infrastructures.
(f) the different fitness of land for urban use.
(g) indication of the values landscape, ecology, urban and historical and artistic, existing within the territorial scope of the Plan.
(h) analysis of the potential impact of the specific legislation of historical and artistic heritage and the protective character in terms of natural spaces, mountains, coast, airports, public channels, reservoirs and national defence and any other of the same character that is applicable in the territory subject to the Plan.
(i) characteristics of the population on the territory, their economic and social conditions and the forecast of its evolution.
(j) scheduled works and policy of public investment that can influence in urban development, in particular those provided for in the National Plan of management, economic and social planning and, if necessary, in Territorial Director coordination Plan, as well as those of any other Plan or project of the organs of the administration of the State, or local , or institutional connection with the territory subject to planning.
3 objectives and criteria for the management of the territory.
4th test and weighted analysis of different alternatives covered.
5 justification of the chosen development and description of proposed management model.
6 justification reasoned of the weighting system used for the choice of the parameters applicable in obtaining the average use.
7th also specify the circumstances referred to in article 28 of this regulation with regard to the revision of the Plan.
1 General Plan information plans drafted to appropriate scale and reflect the situation in the territory to which they refer in order to its natural characteristics and land uses, with special mention of the agricultural, forestry, livestock, hunting, extractive exploitation and others; infrastructure and services, with an indication of their status and capacity utilization; and expression of the ground occupied by the building. They should also formulate, at the appropriate level, levels that are necessary to express detail the current state of urban land in terms of its perimeter and the characteristics of the works of urbanization and of the existing buildings.
2 levels of management of the General Plan are as follows: to) to throughout understood in its field and a suitable scale: to) plane of soil classification, with expression of surfaces allocated to each of the types and categories of the same.
(b) level of organizational structure of the territory, with signs of general systems.
(c) flat or flat global intended uses for the various types and categories of soil.
(B) for urban land. Plans related to the ends indicated in paragraphs to), b), c), d), e), f), g), e i) of article 29 of this regulation, drawn up to minimum scale 1:2 000. In those areas in which the General Plan do not point alignments and grades, the minimum scale may be 1:5 000.
((C) for programmed urbanizable: to) plans of suitable scale situation.
((((b) plans relating to the ends indicated in paragraphs to), c), d) and e) of article 30 of this regulation, a minimum 1:5 000 scale.
((D) for non-programmed urbanizable: to) map to the appropriate scale; ((and b) plans relating to paragraphs a) and b) of article 34 of this regulation, a minimum 1:5 000 scale.
(E) for non-developable: location a suitable scale, with expression, in its case, of the areas of special protection.
1. planning regulations of the General Plan will differentiate the treatment applicable to the various types and categories of soil.
2. in urban land planning regulations will have the character of ordinances of building and land use and contain detailed regulation of the detailed use, volume, and sanitary conditions of the land and buildings, as well as the aesthetic characteristics of management, building and its surroundings.
3 programmed urbanizable, planning regulations, in addition to regular, consistent with ratings of ground set out in the management plans, the general scheme of each of the different uses of land and buildings, shall provide the characteristics of general systems in this category of soil and the minimum requirements in relation to infrastructure and services which must adjust the development of partial plans or, where appropriate, the special plans.
4 in land not programmed, planning regulations will establish the regime's use of land referred to in paragraphs a) and b) article 34 of this regulation; (expressed characteristics, quantities and allocations of the actions referred to in subparagraph (c)) of the same article and define the concept of settlement referred to in subparagraph (d)) of own precept.
5. in undeveloped land, planning regulations reflect, to the extent so required, the determinations contained in article 36 of this regulation.
The programme of action of the General Plan shall: 1. objectives, guidelines and strategy for its long-term development for the whole territory covered by its scope.
2. the specific provisions concerning the realization of general systems.
3. the two four-year stage during which they develop the determinations in the programmed urbanizable.
4. the time limits that have to conform the planned measures, where appropriate, to complete the development on urban land or for internal reform operations on this type of soil.
The economic and financial study of the General Plan will contain: 1. the economic appraisal of the implementation of the urbanization works corresponding to the general and organic structure of the territory defined in article 19, 1.b) of this regulation and the implementation of services, including both corresponding to the programmed urbanizable quadrennial programmes.
2. the same evaluation referred to actions which, if any, have been programmed for urban land.
3. the determination of the nature of public and private investments to be carried out for the implementation of the General Plan estimates, expressed in the preceding paragraphs, with sufficient specification of the works and services which are attributed to the public and private sectors and indication, in the first case, organisms or public entities who take the amount of the investment.
Chapter V of the partial plans.
Section 1 General provisions article 43.
1 the partial plans of management aims: to) in soil classified as land set, develop a General Plan through detailed and complete a part of their territorial scope management.
(b) on the ground classified as land not programmed, the development of urban action programmes.
(c) the development of complementary standards and planning subsidiaries, if any.
2. when developing the Business Plan partial plans, they drafted for the management of entire sectors defined at that, so that each partial Plan aims at a sector determined by the General Plan.
3 partial plans that develop programmes of urban action determinations will include the full territory of affection to each stage of implementation of the programme, or all of the land included in the program if it has planned a single stage.
4. the development of complementary standards and planning subsidiaries through partial plans shall cover areas included in the areas declaring those suitable for the estate, in accordance with article 71.4 of the land law.
1 partial plans may be not approved unless prior or simultaneously, but in separate file, has been adopted definitively the General Management Plan or the complementary norms and subsidiaries of planning, which, in each case, to develop.
In non-programmed urbanizable shall be required, in addition to the existence of the General Plan, the prior or simultaneous adoption of urban action program.
2. the partial plans cannot be modified in any case the determinations of the General Plan, the complementary norms and subsidiaries of planning or the program of urban action to develop.
Section 2 of article 45 determinations.
1 the partial plans shall contain the following determinations: a) delimitation of the planning area, covering an area defined in the General Plan or urban action programmes, or one or more of the areas defined as suitable for urbanization in subsidiaries of planning and complementary standards.
(b) allocation of detailed applications and delimitation of the areas in which divides the territory planned by reason of those and, where appropriate, the division into polygons or performance units.
(c) indication of reserves of land for public parks and gardens, sports facilities and public recreation and expansion, also public, in proportion to the collective needs. The area dedicated to these reserves will be less than 18 square metres per dwelling or per 100 square meters of residential buildings, if the number of homes that could be built had not be expressly set. This reserve may not be less than 10 per 100 total ranked surface, what ever the use to which the land and the building, intended for and be drawn up independently of the surfaces in the General Plan for open space or parkland for public urban parks.
(d) fixing of reserve land for cultural centers and teaching public and private in the minimum proportion of 10 square meters per object or per 100 square meters of residential buildings, if any not expressly determined the number of homes that could be built, grouped according to the modules required to form complete school units.
(e) sites reserved for temples, welfare and health care centers and other services of public and social interest.
(f) layout and characteristics of the communications network of the sector and its link with the general system of communications provided for in the General Management Plan, with signs of alignments and grades and protection zones of all the roads and welfare of car parks on the minimum proportion of a square per 100 square meters of building.
(g) characteristics and layout of the galleries and supply networks water, sewerage, electricity and other services, where appropriate, provides for the Plan.
(h) economic evaluation of the implantation of services and execution of infrastructure works.
(i) stage plan for the execution of infrastructure works and, where appropriate, of the building.
2. allocations of the partial plans shall be in any case independent provided for in the plans and, therefore, complementary nature of these.
The partial plans relating to developments of particular initiative shall contain, in addition to the determinations established in the preceding article, the following: a) mode of execution of the works of urbanization, noting the performance system.
(b) commitments that have contract between the developer and the City Hall, and between that and the future owners, in order a: 1 deadlines for execution of the works of construction and deployment of services, where appropriate.
2. construction, where appropriate, of buildings for Community appropriations of urbanization, not included in the General obligations imposed by law.
3rd conservation of urbanization, expressing if it will be borne by the City Council, owners of plots or promoters future, with indication in these last two assumptions of the time period will be extended to which the obligation of conservation.
(c) guarantees of the exact fulfillment of these commitments amounting to 6 per 100 of the cost that is for the deployment of services and execution of the works of urbanization, according to the economic evaluation of the partial Plan. The guarantees may provide cash, Government securities or through bank guarantee.
(d) financial means of all kinds with which count the promoter or promoters of the estate, indicating the resources and sources of funding.
1. for the purposes of the limitation of housing established in article 75 of the law of the soil, that is understood to refer to the actions defined in developable scheduled general plans or programmes of urban action, and declared areas suitable for urbanization in the subsidiary rules of planning.
2. in exceptional cases, the Council of Ministers, after obtaining the opinion of the Central Planning Commission, may authorize densities of up to 100 homes per hectare, when necessitated by the urban circumstances of the locality.
3. the limitation to that referred to in paragraph 1 of this article shall be referred to the surface in the field of planning, deduced, in his case, the non-residential areas occupied by General general of the territory structure systems, but not so the surfaces intended for roads, parks, gardens and other endowments of each performance.
1. the allocation of detailed applications will be reflected in the specific qualification that the partial Plan set for the whole of the land included in each of the areas provided for therein, and must correspond to each zone a same land use.
2 it is expressed in the partial Plan the destination public or private lands that are buildable, which are intended for endowments and clearances for, as well as the uses of the buildings and facilities provided for in the latter.
3 If the partial Plan set to run the division of its territory in polygons, must express precisely the delimitation thereof, as well as the system that corresponds to each.
4. reserves of soil which provide for allocations of partial plans shall be in proportion to the needs of the population for the territory including those, and according to the modules specified in the annex to the provisions of this regulation. ((The surface of these reserves will respect in any case the minimum established in article 13.2 of the land law, paragraph b), c) and e).
1. the reserves of land of domain and public use the partial Plan should be established for gardens, sports, recreation and expansion areas, shall be differentiating each of these uses. They will constitute the system of open spaces in this degree of planning, which will have complementary nature of the system of free spaces of the General Plan that will have to be coordinated.
2. in the composition of these areas will prevent fractionation which override their essential purpose, and must be justified to constitute a coherent system.
3. in fixing the uses permitted by the partial Plan for the land for parks and public gardens custodial or abnormal uses that exclude or limit public use or permit a use not in accordance with their system of clearances target can not be predicted.
1. the reserve of ground expected to centres teaching character schemes that use required, must be grouped according to the modules required to form complete school units, in accordance with the annex to this regulation.
2. the resulting school areas must distributed properly within the territorial scope of the partial Plan, in order to get the distance by the school population is as low as possible, and ensure access to them both from the road network the pedestrian network.
The specific situation of areas destined to the equipment which have been reserved for temples, care, health centers, sports parks and other services of public and social interest, where the dominant usage so requires, be established to studying it in relation to the road networks and pedestrians, to ensure its accessibility and obtain their integration in the urban structure of the Plan.
1. the partial Plan will determine the layout and features of the communications network of the sector and its connection with general communications system envisaged in the planning which develops.
For this purpose, shall be determined alignments throughout the road network, including the pedestrian, geometrically defined its layout on the ground and the final flush unless the crossing points and changes of address, if with these determinations it is sufficiently defined the altimetry of the communications network.
The definition of the layout and features of road and pedestrian networks will be abolishing the urban barriers affecting disabled and disabled persons, persons in accordance with the regulations.
2. in the study of the communications network will include an analysis of circulation and, where appropriate, the implementation of public transport service.
3. the partial Plan will indicate the reservation of land for parking in the proportions that are set in article 45 of this regulation, determining for which are located on surface their alignments and grades according to the criteria in the previous issue.
4. the Masterplan set also forecasts that apply in relation to private car parks.
1 partial Plan will determine paths networks and galleries of all the services that are established, developing the forecasts of the General Plan, program urban action or subsidiary rules.
2. the partial Plan shall specify, at a minimum, the layout of the following networks of services:-networks of water supply, irrigation and fire hydrants.
-Electricity distribution network.
-Public lighting network.
The partial Plan will establish, where appropriate, the layout of the networks of telephone channel, gas pipe and any other that is deemed necessary. The not provenance must be duly substantiated.
3. in addition to the path will include the description of their main features, differentiating clearly the elements that have to be made in Gallery. Also the conditions of calculation shall be fixed to take into account in the drafting of the urban development projects.
4. in the network of water supply sources of the same, the flow available and, where appropriate, the area of protection of those should be indicated.
5. the network of evacuation, for whose calculation of capacity will have to be taken into account the composition and flow of waste water of all kinds and the rain, will contain a special reference to the discharge into the general network, capacity and, if appropriate, the purification system. In cases of discharge into the public stream, River, or sea, favourable report of the authority will be required.
6. the electricity distribution network will designate the source of it, the capacity of processing centers and the lines that supply it, existing or that are planned. In the case of partial plans of predominantly residential use, the distribution network will be underground and transformation centers will be integrated into the building or will be underground. In exceptional, duly justified, case that these have to be made exempt building, ordinances of the partial Plan shall fix conditions of volume and enforceable aesthetics.
7 shall be determined with accuracy the location of service centers related to the infrastructure of the networks referred to in this article, having be included detailed use between the determinations of article 45 of this regulation, with an indication of the nature of the domain that corresponds.
1. the partial Plan will establish a Plan of stages to carry out development works, and must justify its coherence with the remaining determinations of the Plan, in particular with the development in the time of the planned building and its elements that compose the various networks of services and, where appropriate, with the chosen action systems.
Each stage shall be envisaged: to) its duration, with reference to the date of commencement of the deadlines established.
(b) the corresponding works of urbanization.
(c) the start-up of the reserves of soil corresponding to the equipment to be established as it is urbanization.
(d) the determination of the levels corresponding to services of water, evacuation and supply of electrical energy that can be used the land that is developed on.
2. the stage Plan may provide for, properly justifying an alteration of their spatial and temporal forecasts, provided that the consistency of the Plan, compliance determinations which establish and ensure the implementation and financing of the whole of its forecasts.
3. in the cases that will be necessary, the partial Plan may contain a forecast stages of construction, to be accommodated to urbanization and allocations are getting.
1. the economic evaluation of the implantation of services and execution of infrastructure works will express its approximate cost, pointing out the differences that may exist depending on the time they have implanted ones and others, as envisaged in the Plan of stages to run.
2. the evaluations shall refer, as a minimum, the following works and services:-Flatwork, paving, signs and landscaping.
-Networks of water supply, irrigation and fire hydrants.
-Distribution of electricity and public lighting networks.
-Other networks or channels of services that provides for the Plan.
-Establishment of public services of transport and refuse collection, if necessary.
-Special construction as steps to different levels and diversion of existing service networks.
-From compensation for the demolition of buildings, destruction of plantations and other works and installations requiring the implementation of the Plan.
1 partial Plan may establish the system of action for the implementation of its provisions, and may be the same for all its territorial, or different scope for the various polygons into which it is divided.
2. the determination of the system of action must be justified taking into account:-soil needs and the urgency of its urbanization.
-Economic financial means available to the administration.
-The estimated support of private initiative.
-The structure of the ownership of land, and - any other circumstances that occur in the sector or in each polygon.
Section 3 of article 57 documents.
The determinations of the partial plans will be developed in the following documents: 1. supporting memory management and their determinations.
2 levels of information.
3. project plans.
5. stage plan.
6. financial economic study.
1. the memory of the partial plans shall justify the adequacy of the management guidelines of planning of higher rank that develops, demonstrating its internal coherence, the correlation between information and the objectives of the proposed Management Plan, as well as the possibilities to practice their forecasts within the stages established for its implementation.
2 the memory of the partial plans shall cover the following: a) justification of the provenance of its formulation in relation to the program of the General Plan or the Plan's stages of the program of urban action to develop, or your convenience and opportunity if they develop the determinations contained in a subsidiary rule in planning.
(b) urban development information, including studies that are necessary, that it should consider all aspects that can influence the urban structure of the territory, and in any case the following: 1 natural territory, such as geological, geotechnical and topographical features and others.
2nd uses, buildings and existing infrastructures.
3rd study of the structure of the ownership of land.
(c) objectives and criteria for the management of the territory according to the determinations of the General Plan of the urban information verified and complementary studies.
(d) review and weighted analysis of different alternatives that may be developed by the extension and entity of the Plan and justification that is chosen, there will be evidence that the proposed solution is a functional unit that is perfectly connected with the adjacent areas through the appropriate relationship with its urban structure.
3 as an annex to the memory a synthesis of it, accompanied by pictures of features on surfaces, modules, quantified uses, edificabilidades and volumes and other relevant aspects will be included.
Urban graphic information will reflect the situation and classification of land in the planning of higher rank who develops partial Plan, as well as the State of them in terms of their morphology, buildings, vegetation and existing uses and the ownership of the soil structure. En_funcion_de these objectives, two types of graphical information are different: to) town planning information on the situation and qualification of land in the planning of higher rank, expressed at the following levels, which will be drafted to the scales used in this:-situation in relation to the corresponding organizational structure of the General Plan or subsidiary norms that develop the Masterplan.
-Of management established in the General Plan, programme of urban action or subsidiary norms for the territory included in the masterplan and its surroundings.
(b) information on the status of the lands on the following maps, written, at a minimum, to scale 1:2 000:-topographic, with contour lines of metro by metro, which must be accompanied by the hypsometric levels and clinometrico when they are necessary for a better interpretation of the one.
-For existing buildings, applications, infrastructure and vegetation.
1. the drawings of project be drafted at scales of 1:2000 to 1: 5,000 and will collect the determinations required in the articles 45 and 48 to 54 of this regulation.
2. the partial Plan will contain, at least, the following project plans:-zoning, with allocation of detailed applications, system of open spaces and green areas and specification of the status of all reserves of land for endowments, in relation to other areas of the partial Plan itself and especially the road network, including pedestrians.
-Roads, defining adequately their longitudinal and transverse, profiles in accordance with determinations of article 52 of this regulation.
-Scheme of the supply networks of water, irrigation and hydrants against fire, sewer, distribution of electricity and public lighting.
-Delimitation of polygons of action, where appropriate.
3. the partial Plan will include also all those planes that are considered necessary for its best definition.
4. all levels of project containing representation on the ground will be carried out on the topographic map, and will contain the delimitation of the area of management.
The Ordinances of the partial Plan to regulate the use of land and public and private construction and will include, as a minimum, the following sections: a) General information and terminology of concepts.
(b) Regulation of urban land, Re: - rating of the floor with detailed expression of their detailed applications.
-Studies of detail.
(c) standards of construction, Re: - technical conditions of the works in relation to public roads.
-Conditions common to all areas in terms of construction, volume and use, with expression of the allowed, prohibited and liable, pointing out the required minimum proportion of hygienic and aesthetic, for the latter must be taken into account in the basic adaptation to the environment in it are located.
-Particular rules of each area.
1 stages of the partial Plan Plan shall be drawn up as a separate financial economic study document, and will describe in detail the reflected in the corresponding plane of the graphic documentation.
2 If the partial Plan contains the delimitation of polygons, stages Plan shall determine the order of priorities for its implementation and will point out the system or systems of action applicable to each polygon.
3. in the formulation of the Plan of stages is attend to that the forecast of creation and use of soil urbanized for the building is accompanied by the creation of the corresponding appropriations.
4. the stage Plan may establish, if it were advisable, two or more alternatives in terms of the implementation at the time of the determination of the partial Plan, expressing in such cases the circumstances justifying the choice of one or another alternative.
1. the partial Plan will contain the precise documents to justify the cost of the works of urbanisation and deployment of services in accordance with the determinations contained in article 55 of this regulation.
2 If the partial plans develop an urban action program, the financial economic study will contain specific obligations that correspond to the successful tenderer of the program.
3. when on the occasion of the implementation of a partial Plan they have to perform works that correspond to the organizational structure of the General systems, financial economic study of the partial Plan will have to express the points required by article 42.3 of this regulation, in order to finger-pointing of the entity and organization that assumes the financing of these works. For this purpose, there shall be taken into account that the cost of the works of urbanization, of the sector or area of interest, laid down in article 122 of the land law, will be paid by the owners of the sector or area of activity.
4 If expropriation system had is chosen for the execution of the partial Plan, the financial economic study will contain, in addition, estimated calculation of the cost of the expropriation, since in relation to the stage that is to be performed.
Besides the documents referred to in articles 57 to 63 of this regulation, partial plans relating to developments of particular initiative should contain an annex to the memory of the Plan, with the following information: a) justification of the necessity or desirability of urbanization.
(b) relationship of affected owners, with their name and address.
(c) determinations expressed in article 46 of this regulation.
Chapter VI studies of particular article 65.
1 studies of detail may be made for the sole purpose of: to) establish alignments and grades, completing which are already mentioned in the urban land by the General Plan, complementary norms and subsidiaries of planning or project of delimitation of urban land, under the conditions laid down in these planning documents, and readjust and adapt the alignments and grades provided for in the above mentioned management instruments , agree also with the conditions that in the connection set.
(b) adapt or reset alignments and grades in partial plans.
(c) order the volume according to the specifications of the General Plan or the complementary norms and subsidiaries of planning on urban land, or with those of the partial plans in other cases, and complete, where appropriate, the network defined therein with those internal roads that are necessary to provide access to the buildings, whose concrete management set forth in the Studio of detail.
2. the possibility of establishing alignments and grades through detailed studies shall be limited to routes of communications network defined in the Plan or standard whose determinations be carried out by one.
3. in the adaptation or resetting of remark of alignments and grades of the General Plan, complementary standards and subsidiaries, partial Plan or project of delimitation, width space earmarked for roads or surfaces to clearances may not be reduced. Any adaptation or resetting of the signaling of alignments may cause increase in volume to apply regulations to the result of the adaptation or adjustment made.
4. the management of volumes may not assume increasing occupation of the soil or the maximum heights and building volumes under the Plan or increase population density established therein, or alter the exclusive or predominant use assigned by him. Other determinations of the Plan will be respected in any case.
5. in no case may cause damage or alter the conditions of management of the adjoining premises.
6. the studies of detail may not contain any determinations of General Plan, complementary norms and subsidiaries of planning and partial Plan that were not previously established in the same.
Detail studies shall contain the following documents:
1 memory justified its suitability and the appropriateness of the solutions adopted.
2 when the disposition of volumes to be changed shall be, in addition, a comparative study of the resulting density determinations provided for in Plan implementation and from which they obtained in the study of detail, justifying the compliance with provisions on this end in number 3 of the preceding article.
3 plans to appropriate scale and at least 1:500, expressing the determinations that are complete, adapted or readjusted, with references specific to the new regulations and their relationship with the previously existing.
Chapter VII of the 67 article urbanization projects.
1. the urban development projects are projects whose purpose is to put into practice, in urban land, the corresponding determinations general plans and complementary standards and subsidiaries for the planning, and, on land, the material realization of the own of the partial plans.
Urbanization projects may also be drafted for special plans of reform inside.
2. the urban development projects shall constitute, in any case, instruments for the development of all determinations that the Plan provides for in terms of infrastructure works, such as roads, water, sewerage, electricity, public lighting, gardening and similar.
3. regardless of the urbanization projects, may be drafted and adopted, according to the regulations of the entity concerned, ordinary projects not designed to fully develop the set of determinations of a Management Plan.
4. in any case both urbanization projects such as the ordinary works may contain determinations on management, soil or building scheme.
5. the urban development projects must be detail and program works with the necessary precision so that they can be carried out by technicians other than the author of the project.
1. the urban development projects cannot be modified the provisions of the Plan to develop, without prejudice that the adaptations of detail required by the characteristics of the soil and subsoil in the material execution of the works can be carried out.
2. when the adaptation of detail involves alteration of the determinations about management and regime of the soil or of the building of the land affected by the project, the corresponding modification of the Plan shall be adopted prior or simultaneously.
1. the urban development projects will include the following documents:-specification of the characteristics of the works.
-Flat information and situation relation in the urban area.
-Project and detailed drawings.
-List of technical conditions and economic and administrative conditions of the works and services.
-Pictures of decomposed prices.
2 need not be the formulation of economic and administrative specifications when urbanisation works are implemented by the system of compensation on grounds of a single owner.
1. the urbanization works to be included in the estate project, which must be carried out in the documents listed in paragraph 1 of the preceding article, shall be as follows:-paving of driveways, parking lots, sidewalks, pedestrian network and free spaces.
-Networks of distribution of drinking water, irrigation and fire hydrants.
-Network of sewage for rainwater and wastewater evacuation.
-Electricity distribution network.
-Public lighting network.
-Gardening in the system of free spaces.
2. will be included in the project of urbanization urban services referred to in article 53.2, when they estimated necessary in the partial Plan.
3. the urban development projects must resolve the link of urban services with the General of the city and prove that they have sufficient capacity to meet them.
Chapter VIII performance urban section 1 General provisions article 71 programs.
1. the management and development of land classified as non-programmed urbanizable is effected in accordance with the respective Municipal General Plan, through programmes of urban action for the realization of integrated urban planning units.
2. will be considered urban units integrated actions that have met, in appropriate correspondence with general and organic structure provided for in the General Plan, the provision of services and equipment sufficient to ensure the satisfaction of the demands of the population or the activities that have been placed in the scope of the action, and the infrastructure works necessary to ensure the inclusion of the same in general management at the time of his release in service.
Section 2 of article 72 determinations.
1 urban action programs will contain the following determinations: to) development systems of the general structure of the urban planning of the territory.
(b) signs of uses and levels of intensity, with expression of the medium in all its field use.
c) layout of basic networks of water supply, sewerage, telephones, electricity, communications and other services that provide.
(d) division of the territory into sectors for development in stages.
2. the average utilization will refer exclusively to the territorial area within each urban action program, independently of the set to the programmed urbanizable and which is established in other programs. If the program understand several different applications or sectors with different levels of intensity inside a same use, it will determine the use half of each sector and, in general, of the program in the way established in article 31.
3. the development of general systems and the layout of basic networks of services shall include the necessary connections with the systems and networks existing or planned in the rest of the soil.
4. the urban action program set the stages that have run their forecasts, pointing to the lands that have been develop by means of partial plans or, where appropriate, through special plans for the realization of the General infrastructure works. If the program is formulated as a result of competition, must collect this order specifications appearing in the same databases.
1 partial plans that develop urban action programmes shall contain the determinations referred to in article 45 of this regulation.
2. the urban development projects will contain the determinations of these instruments specified in Chapter VII of this regulation.
3 private promotions building programs, include, in addition, so that they match the stages provided for in the program of urban action and partial plans.
Section 3 of article 74 documentation.
1 urban action programs will contain the following documents: to) memory that reflects the urban information used, and which will have to explain the reasons which have recommended the formulation of the programme of urban action, the relationship of the program with the Municipal General Plan forecasts and the justification of the determinations which are contained.
The memory must be accompanied by the annexes required that they support its essential aspects and specifically those relating to obligations to assume by bidders and to many details arising from the application of article 146 and matching law of the land.
(b) urban information corresponding to the land subject to action plans, drawn up a scale that allows you to pinpoint the territory within the General Plan, reflecting the situation in order to its natural characteristics and uses of the soil, with special mention of the agricultural, forestry, livestock, hunting, extractive uses, and others, as well as the infrastructure and existing services , with an indication of their status and capacity utilization. Also be collected, in his case, the ground occupied by the building.
(c) flat planning, which will be composed by:-location in relation to the General Plan.
-Flat scale minimum 1:5 000, referred to the ends indicated in article 72 of the present regulation.
-Map of relationship of the management proposal with the forecasts of the General Plan, noting the connection with the General systems, to appropriate scale.
(d) town planning regulations for development in partial plans whose content shall conform to stated in article 40.3 for programmed urbanizable.
(e) plan of stages.
(f) economic and financial analysis justifying the viability of urban action program based on resources of financing of the successful tenderer or the acting urban body.
This economic and financial analysis shall contain, in addition:-the economic appraisal of the implementation of the urbanization works corresponding to the general and organic structure of the territory.
-The determination of character public and private investments to be carried out for the implementation of the urban action program forecasts, with sufficient specification of the works and services which are attributed to the public and private sectors and indication in the first case of bodies or public entities who take the amount of the investment.
2. each of the documents contained in the programme will establish reference corresponding to the progress of planning on the assumption that has awarded through competition laid down in articles 146 and following the law of the land.
The progress of planning laid down in article 147.2 of the land law will contain the documentation required by the rules of the competition and, as a minimum, the following: a) justification and descriptive memory management proposed and the stages of its development.
(b) plans of urban information corresponding to the land subject to the competition, drawn up to appropriate scale that allows you to pinpoint the territory within the scope of the General Plan, reflecting the situation the same in order to its natural characteristics, uses of land, infrastructure, services and existing building.
((c) level of progress of management, appropriate scale, with the expression of the General systems defined in article 19(1) b) and allocation of global applications of soil and its powers, for which purpose will take into account provisions of article 17 of this regulation.
Chapter IX of the special plans section 1 General provisions article 76.
1 developing the forecasts contained in the territorial Directors plans coordination, and without the need for prior approval of the General Management Plan, may be formulated and approved special plans for the following purposes: to) development of basic infrastructures relating to terrestrial, maritime communications and air, the supply of water, sanitation and power supply, and other similar.
(b) protection of the landscape, of roads, of the soil, of the urban, rural and natural environment for its conservation and improvement in certain places.
(c) any other similar purposes.
2 developing the forecasts contained in the municipal general plans of management and the complementary norms and subsidiaries for the planning, may be also made special plans, without the need for prior approval of the partial Plan, for the following purposes: to) development of general communication system and its protection, the system of open spaces for public parks and green spaces and community centers and public and social services equipment system at the level of General plan.
b) protection of the elements referred to in paragraph b) of the preceding paragraph.
(c) reform in urban land.
(d) management of venues and architectural, historical and artistic ensembles.
(e) renovation of populations.
(f) improvement of urban, rural and natural means.
(g) any other similar purposes.
3 in the absence of the Territorial Master Plan coordination or overall Plan, or when these do not contain the timely, detailed forecasts in areas that constitute a unit that thus recommended it, may be drawn up special plans that permit action of protection in its field for the following purposes: to) establishment and coordination of basic infrastructures relating to the system of communications Community equipment and public centres of notorious general interest, to the water supply and sanitation and facilities and networks needed for power supply, provided that these determinations do not require the prior definition of a territorial model.
(b) protection, cataloguing, conservation and improvement of natural areas, landscape and physical and rural environment and their means of communication.
4 special plans referred to in the previous number shall contain a justification of the bases that had served for the establishment of infrastructure or protection measures, expressed the effects of its implementation will result in the Organization of the territory, and will define the limitations that regarding the use of the soil affected be taken.
5 special plans mentioned in the two previous numbers should include among their determinations, as well as of its own protection measures, those others that are considered accurate in accordance with articles 18 to 22 of the land law.
6. in any case the special plans may replace directors territorial coordination plans, municipal general plans or the complementary norms and subsidiaries of planning, in its function of comprehensive regional planning instruments, so it may be not classified soil, without prejudice to the limitations of use that may be established.
Section 2 of the determinations and documents article 77.
1. the special plans shall contain necessary determinations for the development of the Territorial Master Plan Coordination, the General Management Plan or subsidiary and complementary standards.
In the case of the number 3 of the preceding article, special plans shall contain the determinations of its nature and purpose, duly justified and developed.
2 determinations referred to in the previous number will be realized in the following documents: a) descriptive and supporting memory of convenience and opportunity of the Special Plan concerned.
(b) complementary studies.
(c) information and management at the appropriate scale drawings.
(d) Ordinance in the case of special schemes of internal reform or management of venues and historical and artistic ensembles.
(e) standards of protection in the case of special plans of this nature.
(f) minimum standards that have to conform the technical projects in the case of developing infrastructure and sanitation works.
(g) economic and financial analysis.
3. the content of the documentation of the special plans will have a degree of precision appropriate to their purposes, and that will be equal to the partial plans when they are of internal reform, unless any of the documents it is unnecessary by does not relate to the Reformation.
Section 3 of the specificities of the special plans of protection article 78.
1 the special protection plans for conservation and appreciation of the historical and artistic heritage of the nation and natural beauties will concern, among others, the following aspects: to) natural and urban elements which together contributes to characterize the landscape.
(b) places, streets and buildings of interest.
(c) character-artistic or botanical gardens.
(d) enhancement of significant buildings.
(e) composition and detail of the buildings in locations that must be subject to special measures of protection.
(f) use and destination of ancient and modern buildings.
2. planning regulations containing special plans referred to in the previous number shall take into account the provisions of article 73 of the land law, in terms of structures adapt to the environment in which they were located.
3. for the purposes, nature, effects and processing of the special plans of this article, may dictate special rules for cataloging, conservation, restoration and improvement of buildings or urban and natural spaces, with expression of the limitations of applications or incompatible with their nature facilities or elements.
4. in the processing of such plans and special rules will require the report of the General Directorate of the artistic heritage, archives and museums, which means evacuated favorably after a month since it was required.
1 the special plans for the protection of the landscape and conservation of specific places or perspectives of the national territory shall relate, among others, to the following aspects: to) natural beauties in its panoramic complex or perspectives that agree to the promotion of tourism.
(b) rustic grounds of picturesque location, amenity, topographical singularity, or historical remembrance.
(c) isolated buildings distinguished by its location or architectural beauty, parks and gardens highlighted by the beauty, artistic disposition, historical significance or importance of the botanical species that exist in them.
(d) the built perimeters which form a set of traditional or aesthetic values.
2. the plans referred to in the previous number will require the mandatory report of the organ or competent body of the Ministry of agriculture, for the purpose of determining its suitability for protection schemes provided for in the law of protected natural areas of May 2, 1975. This report shall be evacuated favorably after a month since it was required.
1 the special plans for protection in the urban order of the lines of communication, in relation to the restriction of destination and use of marginal land, you can see the following aspects: to) Division of land in areas of use, construction, vegetation and panoramic.
(b) prohibition or limitation in accordance with the legislation of direct access to farms from the road.
(c) indication of the minimum distances for the mouth of other routes.
(d) provision of the setback of buildings as a forecast of future expansions and the establishment of service walkways.
(e) management of parking lots and places of supply and rest.
(f) maintenance and improvement of the aesthetics of the roads and adjacent areas.
2. without prejudice to the fulfilment of the limitations contained in the special laws by reason of the matter, special schemes for the protection of the means of communication referred to in the previous number may be urban exploitations which are deducted general plans and, where appropriate, of the complementary norms and subsidiaries for the planning. They may also develop additional limitations that may be established in these plans and standards.
Urban planning for the protection of orchards, crops, and forest areas must conform to the rules that contain the plans of the Ministry of agriculture, without prejudice to the limitations that, as far as urban use, set the Special Plan itself, in order to protect its natural values and prevent its disappearance or alteration.
1 the special plans for the improvement of the urban or rural environment and the suburbs of the cities may contain the following determinations: to) necessary to maintain the State of the buildings in its aspects of composition and conservation, in order to protect, if necessary, the existing environment.
(b) provisions necessary to modify, if necessary, the outward appearance of the buildings, their architectural character and its state of conservation, in order to improve the environmental characteristics.
(c) precise requirements to order the green spaces provided in planning or to improve the configuration of parks, gardens, woodland and plant elements existing in the free spaces.
(d) prohibitions of construction or uses harmful when not they have established in the Business Plan or does not exists.
(e) detailed rules to harmonise the existing buildings in height and alignments.
2. these special plans may not alter rules establishing the upper hierarchy plans on volume and land use, and may only point out its determinations when necessary.
Section 4 of the specificities of the special plans of interior refurbishment and sanitation article 83.
1 the special plans of reform in urban land may be aimed at the following purposes: to) carry out actions isolated, preserving the structure of previous management, they are routed to the decongestion of urban land, creation of urban facilities and community equipment, sanitation of unhealthy neighborhoods, solving problems of circulation or aesthetics and improvement of the environment environmental or public services or other similar purposes.
(b) for the purposes indicated in the preceding paragraph may also be integrated operations of internal reform.
2 If operations reform referred to in paragraphs a) and b) of this article are laid down in the General Plan, must conform to their determinations.
3. as regards internal reform operations not provided for in the General Plan, Special Plan may not modify the fundamental structure of the former, who will be credited with a supporting study which will demonstrate your need or convenience, consistency with the Business Plan and the impact on the same.
4. Special schemes of internal reform should contain a full study of the social and economic consequences of its execution, justifying the existence of means to take effect, and the adoption of specific measures that ensure the defence of the interests of the affected population.
1 the special plans of internal reform, referred to in number 1) of the preceding article, shall be prepared with the degree of precision provided by the partial plans in regards to activities and determinations that constitute its purposes; incorporate the provision of works to be carried out; determine also the applicable system when the nature of those works required his execution through any of the systems provided for in the law, defining such performance unit.
2 If the Special Plan were limited to isolated action which does not require the delimitation of a performance unit, provision shall be made, in accordance with article 134.2 of the land law, the compulsory purchase of the land required.
3. the criteria contained in this article shall apply to the special plans of sanitation referred to in article 24 of the law of the soil.
1. Special schemes of internal reform, referred to in number 1 of article 83 of this regulation, shall contain those findings and documents of the partial plans which are suitable for the purposes which pursue, to the characteristics of the planned operations and applications assigned to the ground and, as a minimum, those provided for in article 45 of this regulation unless any of them were unnecessary by does not relate to the Reformation. They also expressed the outcome of the procedure of public participation in the process of drawing up the Plan.
2. in addition, these special plans demarcate polygons or corresponding units of action, being able to determine the system or systems of action applicable to each of them.
Section of the catalog article 86 5th.
1. the catalogues are complementary documents of the determinations of the special plans, in which be contained relations of the monuments, gardens, parks and landscapes which, by their unique values or characteristics, shall be subject to a special protection.
2. without prejudice to protective measures laying down general plans or subsidiary norms, relations of specific goods which, located in any type of soil, should be subject to conservation or improvement may be included in catalogs.
3. the adoption of complementary catalogues of the determinations of special plans or, where appropriate, of the General plans or subsidiary norms be held simultaneously with the of these.
1. in each Provincial Planning Commission will be a public record of an administrative nature in which shall be entered all the goods included in the catalogues of existing plans in the province. Registration shall be carried out ex officio once definitively approved plans.
2. the Commission noted with preventive classified goods which are the subject of protection plans in the pipeline, from the moment of the initial approval of these, and those who are the subject of the statements governed by legislation of historical and artistic heritage and natural protected spaces, from the initiation of the respective records.
3. in addition, provincial commissions can annotate preventively, prior favourable report from the relevant services of the ministries of agriculture or culture competent by reason of the matter, those classified goods which, not being declared or protected, in any of the cases referred to in articles 18, 19 and 21 to 23 of the land law. These annotations will be promoted automatically by the own provincial planning commissions, or a proposal of local corporations or interested public or private entities, or individuals. The annotation will expire after one year unless it had initiated the procedure for formation of a Special Plan, where he collected the appropriate measures of protection, or to modify, to that same end, the existing planning.
REGULATION OF PLANNING FOR THE DEVELOPMENT OF THE LAW ON REGIME OF SOIL AND URBAN PLANNING. (CONCLUSION)
Title II of the complementary norms and subsidiaries of planning chapter first provisions general article 88.
1. inside of the limits given by the law on the regime of the soil and urban planning for management plans, you may write complementary norms and subsidiaries for the planning, which will have the ranking of which complement or supplement.
2. the complementary norms of the General plans shall regulate unforeseen or insufficiently developed by those aspects. Their determinations be kept proper consistency with those of plans that complement, and in no event may modify them.
3 subsidiary planning regulations be drafted with any of the following purposes: to) set for the whole of a province or a part of it with the rules of a general nature on protection and utilization of land, urbanization and construction applicable to municipalities that lack of General Plan or subsidiary norms of a municipal nature.
b) define for the municipalities that lack of General Plan the urban planning concrete of its territory.
4. the content of standards complementary and subsidiaries must comply with determinations and guidelines set out in the territorial Directors coordination plans, if any.
5. in any case subsidiary and complementary standards may be approved to develop a General Plan in order to replace a Plan or a programme of urban action.
Chapter II of section 1 of the supplementary rules of article 89 planning determinations.
1 the complementary standards of planning will contain the following determinations: a) aims and objectives of its promulgation, expressing their complementary nature of general plans, as well as convenience and opportunity.
(b) determination of the scope in which these rules will not apply.
(c) relationships and incidences with the General Plan.
(d) provisions that complement the determinations concerning the building, infrastructure works, or to address any deficiencies in management.
(e) provisions for buildings or public services and other purposes of general or community interest in inadequately equipped with soil.
2. complementary standards shall not be in any case modified the qualification of the ground or alter the determinations of the General Plan to complement.
Section 2 of the subsidiary rules of Municipal planning area provincial article 90.
The rules of Municipal planning with provincial subsidiaries will contain the following determinations: a) aims and objectives of its promulgation, explicitly pointing to your convenience and opportunity, as well as their character of general regulations, which serve as guidance for the drafting of municipal subsidiary rules.
(b) indication of the municipalities that constitute its scope, with signs in each of the existing population groupings, which should be regarded as urban centres, for the purpose of further delimitation of its urban land pursuant to the criteria of article 81.2 of the land law. In municipalities that have as a unique tool for planning the delimitation of urban land and do not have ordinances of building and land use, they shall apply the subsidiary rules of a provincial nature.
(c) definition, for the purposes of articles 81 and 86 the law of the land, of the concept of population centres, on the basis of the characteristics of the province, by defining the objective conditions that give rise to the possibility of their training.
(d) establishment of criteria enabling councils the delimitation of its urban land according to the circumstances of the population, buildings and services.
(e) town planning regulations of a general nature, with indication of the conditions of volume, hygienic and aesthetic building and characteristics of urbanization works that have run in the municipalities included in its scope.
(f) minimum forecasts for centres and services of public and social interest that will have to be taken into account in the municipal subsidiary rules.
Section 3 of the regulations subsidiaries municipal article 91.
The subsidiaries standards approach to municipal level will be designed: a) classify the soil in urban and non-urban, defining and directing the first and establishing, where appropriate, standards of protection for the second, or b) classify the soil in urban, land and undevelopable, delimiting the territory of each of the different types of soil, establishing the management of urban land and suitable for urbanization areas that make up the land and , in his case, setting standards for the protection of the undeveloped.
The subsidiaries standards of planning's municipal area is confined to the purposes set out in paragraph to) of the preceding article shall contain the following determinations: to) aims and objectives of their promulgation, with indication of their convenience and opportunity, as well as the subsidiary character of the general planning that supplement and signaling of the period of validity when it had determined its replacement by a General Plan.
(b) delimitation of urban land with the criteria of article 81 of the law of the soil, whereas the rest of the undeveloped.
(c) definition, for the purposes of articles 81 and 86 the law of the land, of the concept of population based on the characteristics of municipality, establishing in each case the objective conditions that give rise to their training in accordance with the relevant determinations of the subsidiary rules of General planning with provincial.
(d) allocation of detailed to urban land uses.
(e) town planning regulations with the degree of development of those provided for in paragraph 2 of article 40 of this regulation.
(f) layout and characteristics of the road network, with determination of alignments, being defined geometrically in plant and flush layout referred to the whole or part of the urban land.
(g) minimum forecasts for centres and services of public and social interest for urban land.
(h) signs and delineation of the areas subject to special protection in the undeveloped and minimum standards of defence against urbanization and construction in these areas.
1 las subsidiary rules of municipal, whose object is the designated in paragraph b) of article 91, shall contain the following determinations: a) aims and objectives of their promulgation, with indication of their convenience and opportunity, as well as the subsidiary character of the general planning that supplement and signaling of the period of validity when it had determined its replacement by a General Plan.
(b) delimitation of the land included in the urban land in the areas that are appropriate for the estate and the undeveloped.
The delimitation of urban land shall be in accordance with the criteria laid down in article 78 of the land law.
(c) definition of the concept of population based on the characteristics of the municipality, establishing the objective conditions that lead to its formation, for the purposes of the possibilities of building in the undeveloped and areas suitable for urbanization, while not approved the corresponding partial plans for the latter.
(d) allocation of applications detailed for urban land and global applications for areas suitable for urbanization, with expression in both cases of your intensity level, defining the sectors or by setting criteria for their delimitation by the partial plans.
(e) urban planning standards which will, on urban land, the degree of self-development of those provided for in paragraph 2 of article 40 of this regulation, and the nature and the degree of accuracy of the rules referred to in paragraph 3 of the same article where they relate to areas suitable for urbanization.
(f) scheme indicative of the infrastructure, equipment and urban services for the whole of the territory, calculated for the limit of saturation of areas suitable for urbanization and minimum forecasts for centres and services of public and social interest for urban land. The infrastructure and services scheme refer to General systems of communications, open spaces and green areas and community equipment.
(g) layout and characteristics of the road network of urban land, with determination of alignments, geometrically defined its path in plant and flush, referring to all or part of this soil.
(h) signs and delineation of the areas subject to special protection in the undeveloped and minimum standards of defence against urbanization and construction in these areas.
2. for the delimitation of urban land and areas suitable for urbanization must be projection, dimensions and characteristics of the foreseeable development.
1. the development of the determinations set out in the regulations for urban land will take place through special plans and detailed studies.
2. the determinations established in the areas that are appropriate for the estate will be developed through the corresponding partial plans.
Chapter III article 95 documentation.
The supplementary rules shall be expressed in the following documents: 1. supporting memory of their aims and objectives.
2 drawings and information management, if they are required by the content of the standards, with the degree of precision and scale appropriate to the General Plan to complement.
3 regulation or definition, as the case of edges that constitute the object of the rules.
4 other documents requiring their specific objectives.
The subsidiary rules of Municipal planning with provincial level may contain the following documents, as the case may be: 1. report justifying its aims and objectives, as well as convenience and opportunity, expressive of the outcome of the procedure of public participation in the process of developing the standards.
2 planes of information expressing the territories and towns which constitute its scope of application to the appropriate scale.
3. ordinances of building for urban land.
4. standards of protection for the undeveloped.
5. any other document considered to be coming for the fulfillment of the determinations of the standards themselves.
The subsidiary rules of municipal area shall contain the following documents: 1. report justifying its aims and objectives, as well as convenience and opportunity, and each and every one of their determinations, expression of the outcome of the procedure of public participation in the process of developing the standards.
2 planes of information of the totality of its territorial scope to proper scale.
3 management plans which, according to the different assumptions, to express the determinations referred to in paragraphs b), d), f), g) and h) Article 92 and b), d), f), g) and h) Article 93.
4 urban minimum standards of ordination that established the conditions of planning, urbanization and construction regulation.
Chapter IV of the rules of direct application article 98.
1. only constructions may rise in places near to the roads in accordance with which, in addition to specified in the law of the soil, the specific legislation in force.
2 constructions will have to adapt in the basics, the environment in which they were located, and for that purpose: to) constructions in immediate places or are part of a group of buildings of artistic, historical, archaeological, typical and traditional, should harmonize with it or when, without any buildings, would have any great importance or quality of the listed characters.
(b) in places of natural and open landscape, rural or maritime, or perspectives providing the urban ensembles of short features, typical or traditional and close to highways and roads of picturesque journey, will not be allowed that situation, mass, height of buildings, walls and closures, or the installation of other elements, limit the field of vision to contemplate the natural beauty break or deface the harmony of the landscape or the perspective of the same.
3. the limitations referred to in the two previous numbers will have application in all cases, exist or not approved management plans or complementary norms and subsidiaries of planning.
1. for the purposes of the computation of the three plants referred to in article 74 of the law of the soil, the ground floor will be included in any case, so, told this, the construction which is authorized in the expected event of this precept shall not exceed three plants in each and every one of the gradients of the ground in contact with the building.
In the same way, will be included in the computation recessed plants, attics and the cinder protruding more than one meter at any of the gradients of the ground in contact with the building.
2. for the purposes of the determination of the height referred to paragraph 2 of article 74 of the law of the land, shall be regarded as average height of buildings already constructed on each section of facade between two adjacent or parallel streets that are consecutive, the ratio by dividing the sum of the products of the number of plants of each building by its length of facade between the total length of the facade of the buildings constructed in the considered section.
The number of plants thus resulting will despise the fraction equal to or less than five tenths decimal. Where the decimal fraction is greater than five tenths, the number of plants will increase by one unit.
The provisions of article 75 of the law of the land and 47 of this Regulation shall apply to the areas included in the sectors defined by the General plans in programmed urbanizable and the unscheduled, urban action programmes, as well as the declared areas suitable for the development by the subsidiary rules of planning.
Title III of delimitation of urban land article 101 projects.
The lands to be included within the perimeter that it establishes the urban ground, in municipalities that lack of General Management Plan, must comply, as a minimum, any of the following conditions: to) have road access, water supply, drainage and electricity supply, and must have these services suitable to serve the building that on them exists or is to be build.
b) be occupied by the building, at least, the half of the surface providing the project itself may be building.
1. the delimitation of urban land project must contain the signaling of the perimeter of the land included therein, whereas the rest as undevelopable.
2 the project of delimitation may contain, in addition, the following determinations: to) alignments of the road system existing to completing that are coming from the inadequacies of that system.
(b) Regulation of the conditions of the building.
3 alignments of the boundary project may be completed or adjusted through the timely study of detail, which in no case may alter the conditions for the heights of the buildings established the 74 articles of the soil and 99 of this regulation.
1 the project of delimitation of the land urban will have at least the following documents: to) supporting the proposed delimitation memory, which will be referred to previous boundaries, situation and current urban structure and the existing building, as well as to the aesthetic values of the buildings and urban ensembles which, if any, should be protected.
(b) levels of information, as a minimum, to scale 1: 5,000 on the topographic, curves of level five in five meters, reflecting information about buildings, facilities and networks of existing public services.
(c) drawing to scale 1: 2,000 minimum of delimitation of urban land, supported by well-defined and related points.
2 the project of delimitation, when developing the determinations referred to in paragraph 2 of the preceding article, shall contain, in addition, the following documents: to) flat to scale 1:2000 of alignments and gradients of the road system.
(b) Ordinances of the building, referred to the conditions of health and hygiene and aesthetic, while in no case they can alter conditions that establish the articles 74 of the law of soil and 99 of this regulation to the heights of the buildings.
Title IV of the formation and approval of the first chapter plans of the National Management Plan article 104.
1 corresponds to the Presidency of the Government, from the preparatory studies made by the Ministry of public works and urbanism, propose to the Council the Royal Decree on formation of the National Management Plan.
2. the Central Commission of urbanism will attend permanently to the Minister of public works and urban development during the preparatory studies referred to in the previous number.
Council of Ministers shall determine in the Royal Decree of approval of the elaboration of the National Plan of management: to) the agency or agencies which have been involved in the drafting of the Plan and exercise the powers of direction and periodic inspection of the work; which reserves the Council itself or attributed to the Ministry of public works and urbanism and the deadlines for the preparation of the Plan.
(b) the specific participation that in the elaboration of the works attributed to, where appropriate, to certain local corporations.
(c) the basis or rules for the participation of individuals or private entities in the total or partial development of the Plan.
Drafted the Plan in accordance with the prescriptions contained in the Royal Decree referred to in the preceding article, by the body responsible for its drafting will it rise, through the Ministry of public works and following a report of the Central Commission of urbanism, the Council of Ministers, which, if appropriate, shall send urbanism, to courts for final approval.
Chapter II plans territorial Directors of coordination article 107.
1 corresponds to the Minister of public works and urbanism Faculty of proposing to the Council of Ministers, following a report of the Central Commission of urban planning, the formulation of the territorial Directors plans for coordination.
2. the procedure will begin by the Ministry of public works and urbanism, directly or at the request of other interested ministries, or as a result of reasoned motion of the Central Commission of urbanism.
The initiation may also agree to instance of the councils and inter-island, other local entities concerned or a competent special urban entity.
1 agreed to the initiation of the procedure, the Ministry of public works and urbanism will carry out preparatory actions that are accurate to determine the bodies or entities that need to intervene in the development of the Plan, as well as the appropriate methodology, territorial scope and term of drafting.
2 completed the preparatory work referred to in the previous number, the Minister of public works and urbanism, following a report of the Central Commission of urbanism, rise to the Council of Ministers proposal of Royal Decree, which will focus on the following points: to) agencies or entities that have elaborate the Territorial Plan of coordination.
(b) consultations that they have makers affected organs or entities.
(c) territorial scope covering.
(d) term for processing.
3. the agreement of the Council of Ministers shall determine, in any case, the participation that in drawing up the Plan will have to be reserved for the Ministry of public works and urbanism, authority or competent body in development planning and to corporations, local authorities and planning special relevant entities concerned which so request. You can also determine the participation that corresponds specifically to the ministerial departments affected by reason of their competence.
4. public authorities, public services dealers and private individuals shall provide to the body or bodies entrusted with the drafting of the Plan documentation and information that may be necessary under the terms provided for in this regulation article 109.
1. the Ministry of public works and urbanism, through the Undersecretary of planning and environment, will dictate the body writer how many instructions are precise, pointing out complementary tasks to be carried out.
2. the Ministry of public works and urbanism may propose to the Council of Ministers amending the guidelines of development, in view of the alteration of the data that served as the starting point, or the extension of the deadline for the formulation, if appropriate.
3. the proposed modification of the agreement of the Council of Ministers shall be laid down by the Central Planning Commission report.
1. the Minister of public works and urbanism agreed, in its case, the initial approval of the Plan and submit it to public information, during the period of one month.
2. the opening of public information processing agreement will be published in the «Official Gazette» and in some of the newspapers with the largest circulation in the territory to extend the Plan.
3. exposure to the public means that the complete file will be available to anyone interested in your inquiry in the delegation or delegations of the Ministry of public works and urbanism of the territory which includes the Plan, without interruption during the period of one month.
4. in the mentioned period, public and private entities and individuals may submit allegations that they deem relevant about the content of the Plan.
5. the agency or entity Plan editor will examine the allegations submitted and shall report them to the Undersecretary of planning and environment, who incorporated them into the record and will propose to the Minister of public works and urbanism, in his case, the agreement that appropriate in relation to the work of formulating the Plan article 111.
1 completion of the period of public information, the Minister of public works and urbanism will give audience of the record to the councils and municipalities Plan, which not been involved in its drafting, would affect the territory so that, within the period of two months, which will be common to all, may submit allegations.
2. the allegations formulated will be informed by the agency or agencies Plan writers, joining record by the Undersecretary of planning and environment, which will propose to the Minister of public works and urbanism determinations to be taken in his sight.
1. the ministerial departments not involved in drawing up the Plan and who may be interested by reason of their competence, will issue report on the same, prior transfer of the case agreed by the Ministry of public works and urbanism.
2. the procedure to which this article refers may not exceed two months, after which means favorable reports of the ministries that have not issued it.
1. the body writer will examine the allegations and reports incorporated during the period of examination of the case, and will propose the amendments deemed accurate in the content of the Plan the Ministry of public works and urbanism.
2 Introducidas, where appropriate, the modifications referred to in this article, the Minister of public works and urbanism, following a report of the Central Commission of urbanism, agreed the interim approval of the Plan and raise the record, for its approval, the Council of Ministers.
1. in the case of Directors territorial coordination plans, the wording of which has been carried out by the Provincial Council or Cabildo Insular, these entities will be the competent to grant initial and provisional approval.
2 approved provisionally, will raise the record to the Ministry of public works and urban development, for report of the Central Commission of urbanism and final approval by the Council of Ministers.
Chapter III general plans, partial, detail study, projects of urbanization, urban action programmes, special plans, complementary norms and subsidiaries for the planning and delimitation of the land urban section 1 provisions common preparatory acts article 115.
1. authorities and interested bodies may formulate Plan progress and partial blueprints that serve as guidance in the drafting of plans on a basis accepted in principle.
2. advances and drafts may submit to the City Council and the competent Provincial Planning Commission, or the Ministry of public works and urbanism, without the formality of public information.
3. the approval of the advances and drafts will only preparatory, internal administrative purposes of drafting plans and final projects.
1 before agreeing to the development of any Management Plan, standard or program, the corresponding urban administration will open a period of public information to collect suggestions or comments on the necessity, convenience and other circumstances of the sort.
2 order the elaboration of the Plan, the authority or administrative agency corresponding may request documentation and information necessary public bodies, of concessionaires of public services and individuals who could provide it.
3 agencies and individuals affected by the duty of providing documentary or informative are obliged to comply with it within the period established in the law of administrative procedure for the issuance of reports.
4 they will be provided to the promoters of initiative projects and plans that have obtained prior authorization from the City Council by public agencies how many data elements precisaren to carry out the drafting and may carry out, in particular farms, necessary occupations for the drafting of the Plan, pursuant to the law on compulsory expropriation.
5. to record the progress of Plan that had been approved and could serve as guidance in the drafting of the Plan in question will be incorporated.
1 in the agreement of training plans, standards, programs, or detailed studies, or later until you have made the initial approval, the competent authority for its approval and the provisional may agree suspension granting licensing of allotment of land and building, with the following conditions: to) the suspension shall refer to areas or included applications in the territory provided that it will encompass the future Plan.
(b) shall be based on the convenience of studying new planning or the reform of which is in force.
(c) its duration may not exceed one year, counting from the time of the publication of the suspension agreement.
2. the suspension agreement will be published in the official gazettes of the province or provinces affected and one of the newspapers of wider dissemination of each one of them.
1. the suspension of licenses only shall relate which relate to activities of allotment of land and building or demolition, but not the restoration works, except that by the importance of this be comparable to a reconstruction of the building, not justified on grounds of urgency or involve an increase of built volume.
2. the suspension may cover all or part of the territory under study for the purpose of preparation of planning. If subsequent to the suspension agreement, the territory considered would be reduced, the authority which has agreed it will proceed to lift the suspension in relation to soil subject to exclusion.
1. the period of suspension of licences shall not exceed one calendar year, computed from the publication of the adoption agreement, unless prior to that date the competent authority had agreed its expansion.
2 requirements and conditions of the extension of the period of suspension of licenses agreement: to) the procedure of approval of the Plan completed the formality of public information.
(b) that the new deadline is not more than one calendar year.
3. the extension agreement will be the same publicity given to the primitive suspension agreement.
1 initial approval of plans, standards, programs, study of detail or of his reform will determine on its single suspension of licensing for those areas of the territory subject to planning, whose new determinations involving modification of the urban regime. However, licenses based on the existing regime, subject to the determinations of the new planning may be granted.
2. the agreement whereby the initially approved Plan is subject to public information will necessarily express territory planning subject areas which are affected by the suspension of licenses to which this article refers.
1 order the suspension of licenses or the initial approval of the Plan which carry this suspensive effect, the municipal organ competent order termination of the grant procedure and the notification of that agreement to those who had submitted applications for licences prior to the date of its adoption.
2. the petitioners of licenses requested prior to the publication of the agreement of suspension or submission to the procedure for public information of a Plan that take suspensive effect of licensing shall be entitled to be compensated of the official cost of the projects, or the part thereof that has to be rectified, and to return , where appropriate, of the municipal taxes.
3. the right to a refund of the cost of the project is not acquired if, having produced the motion for a resolution of the license application process, when the suspension agreement, such a proposal metalice of manifestly contrary to urban management and planning into force, the application as filed.
4. the right to demand compensation and refund will be suspended until approved definitively once the Plan, show the incompatibility of the project with its determinations, unless by the applicant withdraws the request, so-called in that satisfied rates will be returned.
Agreed suspension of licences referred to in article 117 of this regulation, it will not be possible to agree new suspension in the same area and same purpose until they reinstated five years, counted from the end date of the effects of suspension. No means identical aim the drafting of a Plan, regulation, program or study of detail, or its revision or modification, with different nature than that motivated the first suspension.
Section 2 of the General article 123 plans.
1. the municipal urban plans drafted ex officio by the respective municipalities. However, can these entrust its formulation to the Provincial Planning Commission or the provincial government.
2 if it has been determined, by the designated bodies in article 36 of the law of soil, term for its formulation and had not carried out within the same, it will be at the following: to) when the referred deadline was set by the Minister of public works and urbanism, this may provide that it is drafted by the General direction of urban planning by the Provincial Planning Commission, or by the Provincial Government.
(b) when the term had designated by the Provincial Planning Commission, this may agree that it is drafted by the Commission itself or by the Provincial Government.
3. the costs of drafting of general municipal plans shall be borne in any case by the respective local authorities, except for special circumstances justified in record instructed for that purpose.
4. in any case, the wording you can order to the technicians of the Corporation or Commission or to those who are designaren, freely or by competition among competent practitioners with Spanish official title.
1 plans General of urban planning that has two or more municipalities shall be drawn up in the absence of agreement between the local authorities concerned, by the Corporation or bodies which determined by the Minister of public works and urbanism, in the case of municipalities belonging to different provinces or where the affected municipalities are capital of province or population of over 50,000 inhabitants , or by who determine the Provincial Commission of urbanism in other cases.
2. in the agreement to be adopted for that purpose, the Minister or the Commission will determine the territorial extension of plans, the City Council or body which shall write them and the proportion that the affected municipalities must contribute to the cost.
3. the municipalities included in the Plan will assume the obligations which it has this.
1. at the time that the work on the General Plan have acquired sufficient stage of development allowing to develop the criteria, objectives and general planning, Corporation and solutions agencies that charge its formulation should announce in the «Official Gazette» of the province and one of the newspapers with the largest circulation in the same , exposure to the public of works, so that during the minimum term of thirty days suggestions can be made and, where appropriate, alternative planning for corporations, associations and individuals.
2. the technical services of the agency or Corporation and physicians who are had entrusted the drafting of the Plan will study the suggestions and alternatives that have been able to present and propose confirmation or rectification of the criteria and general planning solutions.
3. the body or corporation responsible for the formulation of the Plan, in the light of the result of exposure to the public and technical studies, agreed the task in terms of the criteria and general solutions pursuant to which have completed the work on the Plan.
1 completed the phase of elaboration of the Plan, the Corporation or agency having its formulation in charge will proceed to its initial approval.
2. However, if it were a General Municipal urban Plan that understand several municipalities, will be the Provincial Government the competent entity for initial approval.
1. the initial approval agreement shall be adopted in accordance with the requirements and formalities laid down for acts in general the Corporation or agency who agreed it.
2. the entity or body responsible for the initial approval shall also jurisdiction to the impulse and processing the case.
1. with the agreement of the initial approval shall be of the opening of the procedure of public information.
2. approved initially Plan, will undergo through public information advertisement to be inserted in the «Official Gazette» and the provincial, as regards capital of province or municipalities of population of over 50,000 inhabitants, and only in the province in other cases. In either of the two assumptions, to be announced, in addition, in one of the newspapers with the largest circulation in the province.
3. the procedure it will last, at a minimum, one month, and during this period will be the record available to anyone who wants to examine it.
4. during the same period the relevant allegations may not be reduced.
5. in all drawings and other documents that are subject to public information, the Secretary of the Local entity or, where appropriate, official of the Agency extend timely diligence which becomes noted that such drawings and documents are initially approved.
If the Plan has not been drafted by City Hall or corresponding councils, after the phase of public information, another period of the same duration opens to give audience to local corporations would affect the territory.
The agency or corporation that would have granted initial approval, in view of the outcome of public information, of the hearing referred to in the previous article and issued reports, agreed interim approval with modifications which, if applicable. If such changes mean a substantial change in the criteria and solutions of the initially approved Plan, it opens, before subjecting it to provisional approval, a new process of public information and hearing the corporations by the same deadlines.
1 when its provisional approval is general plans of capitals of province or populations of more than 50,000 inhabitants, once granted, the entity or body that adopted this agreement interest of the Provincial Council and the Provincial Planning Commission successive reports, which are understood to be favorable if not be emit every one of them in the corresponding period of one month.
2 when concerned plans have been handled by the Provincial Government, the report referred to in number 1 of this article will be replaced by the agreement for provisional approval.
3. the body or entity that has provisionally approved Plan rise, along with the reports referred to in number 1 of this article, the Minister of public works and urban development, for the purposes of the subsequent processing and approval, if applicable.
4 before deciding to final approval, the Minister of public works and urbanism will require the mandatory report of the Central Commission of urbanism, which means equally favorable if it was not issued within the period of one month.
If the Minister of public works and urbanism dissents from the report of the Central Commission of urbanism, it will increase the dossier to the Council of Ministers with the relevant motion for a resolution.
5. all drawings and other documents constituting the Plan which has won provisional approval agreement shall be served by the Secretary of the local authority or authorized officer of the Organization adopted the agreement, whose diligence shall contain that they were also submitted for the purposes of the reports referred to in number 1 of this article.
6. the entrance of the record, with the reports referred to in number 1 of this article, in the register of the competent body for final approval of the Plan, will determine the beginning of the computation of the period provided for in article 133 of this regulation.
1. the final approval is the Act of the competent State body in whose virtue the Plan acquires executive force, once published.
2. the authority and body which must give the final approval will consider the Plan in all its aspects. If not find full content or fails to perform some processing, return it to the agency or entity of origin, so that it is appropriate to complete the requirements or procedures ignored.
3 when the record is formally completed, the competent authority may take any of these decisions: to) approve simply Plan submitted to its consideration.
(b) suspend the approval of the Plan for deficiencies to be remedied by the entity or body which has been granted provisional approval, returning it to the record.
If the deficiencies indicated obligaren to introduce substantial changes in the Plan, this shall be back to information public and, where appropriate, audience of local corporations to whose territory affected, ultimately to soar and prior agreement of the entity, to final approval.
If deficiencies do not require substantial changes in the body responsible for the final approval designated in your agreement if, once corrected by the entity that has granted provisional approval, must be raised back to final approval or if the Plan enters into force directly without this last step, after remedying by the entity or body cited which you will notice to the competent authority.
(c) deny final approval of the Plan.
1 when six months have elapsed since the entry of record in the registry of the competent body for final approval, and this had not communicated any decision to the entity or body that granted interim approval, the Plan shall be approved by administrative silence.
2. There will be no room for the application of the administrative silence if the Plan contains no documents and determinations set forth by the rules that are directly applicable to the type of Plan in question.
3. the final approval obtained by administrative silence shall be void if the Plan contains determinations contrary to the law or plans of higher hierarchy, or when the approval of the Plan is subject to specific legal requirements or regulations established.
4. all amendments that are introduced into the Plan and which can be approved definitively be reflected in plans or documents, extending invalidation proceedings in those who are the subject of modification, without prejudice that are retained with the rest of the documentation approved in order to record corrections.
The full text of the agreement's final approval of the plans will be published: to) in the «Official Gazette» when it had been adopted by the Council of Ministers or by the Minister of public works and urbanism.
(b) in the «Official Gazette» of the province where it has been adopted by the Provincial Planning Commission.
The competition for the final adoption of the General plans corresponds to the Minister of public works and urbanism when they refer to capitals of provinces or populations of more than 50,000 inhabitants and, in any case, when they affect several municipalities, and the provincial commissions of urbanism in the remaining cases.
Section 3 of the plans partial article 136.
1. the partial plans are drafted by city councils or, where appropriate, by private individuals. However, may councils entrusted its formulation to the Provincial Planning Commission or the provincial government.
2. the partial plans will be formulated within the deadlines provided for in the General Plan, the urban action programme or, where appropriate, in the terms that the Minister of public works and urbanism, determined in the case of provincial capitals or populations of more than 50,000 inhabitants, or the provincial planning commissions in other populations.
3. when it is not make the deadlines expressed, the Minister of public works and urbanism or the Provincial Commission of urbanism may exercise the powers set out in article 123.2 from this regulation.
Partial plans specifically to several municipalities shall be account for your writing the same rules laid down for the General plans in article 124 of this regulation.
1. the entity or body that has drafted the Plan shall have the jurisdiction for initial and provisional approval.
2. the processing of the partial plans shall comply with the rules laid down in the articles 127 to 130 and 132 to 134 of this regulation. All drawings and documents on which has won provisional approval agreement shall be served by the Secretary of the Corporation or authorized officer of the Organization adopted the agreement.
3. the competition for final approval corresponds to the Minister of public works and urbanism when they relate to provincial capitals or populations greater than 50,000 inhabitants or affect several municipalities. In other cases shall the provincial planning commissions the final approval.
Partial plans relating to developments of particular initiative shall comply with the same rules of competence and procedure laid down in the previous article with the following special features: 1st if they affect several municipalities will be presented, once drafted by its promoters, to the Provincial Council, which shall have the jurisdiction for initial and provisional approval.
2nd one will personally quote for public information to the owners of land included in the Plan.
3rd the Act of approval, provisional and definitive, may impose the conditions and terms that were suitable. In any case, the effectiveness of the Act of final approval will depend on the provision of the guarantee referred to in article 46 of this regulation, before the City Council or, where appropriate, to the Provincial Council, within a period of one month since it is required to do so to the promoter. The publication of the agreement's final approval will require that warranty to which referred to has been given.
4th final approval agreement shall be notified personally to all affected owners.
Section 4 of article 140 detail studies.
1 detail studies will be drawn up ex officio by the City Council or acting Special urban entity or by private individuals.
2. the initial approval of the detailed studies is the responsibility of the concerned Municipal Corporation.
3. the opening of formality of public information will be announced in the «Official Gazette» of the province and one of the newspapers with the largest circulation in the province, and is personally notified the owners and other interested parties directly affected, including in the territorial scope of the study in detail.
4. within the period of public information, which will last one month, detail study may be examined by any person and made allegations that come.
5. in the light of the outcome of public information, Municipal Corporation definitely approve the study of detail, if necessary, introducing, where appropriate, the modifications that would be relevant. This agreement shall be communicated to the Provincial Planning Commission, within the period of ten days.
6. the interested Municipal Corporation will order publish the agreement for final approval in the "Official Gazette" of the province.
7 shall apply to the detailed studies the rules that are set for the partial plans the origins of fill out the drawings and documents that integrate them.
Section 5th by the projects of urbanization article 141.
1. the urban development projects will be drawn up ex officio by the acting administration of the Plan in question or, where appropriate, by the owner or Board in the compensation system or the successful tenderer of the urban action program.
2. it shall apply to processing rules for partial plans.
3. the competition for final approval will be, in any case, the Provincial Planning Commission.
4. the publication of the agreement's final adoption will take place in the «Official Gazette» of the province.
Section 6th of urban action programmes article 142.
1. the drafting of programmes of urban action, when its formulation is carried out by means of the call for the appropriate contest, will be borne by the successful tenderer thereof. In other cases, will be drafted by the local authorities or urban special competent.
2. the processing and approval of urban action programmes be accommodated to this regulation for partial plans.
3. the competition for final approval will be determined by the same rules as those laid down for partial plans.
Section 7 of the plans special article 143.
1. Special schemes that develop coordination territorial Directors plans determinations will be drawn up ex officio by local authorities, urban development, special bodies or other competent bodies in the urban order, each of them in the scope of their respective territorial powers.
2. also you can write by agencies that are in charge of the direct execution of the works corresponding to the infrastructure of the territory, even though they are not included in the list of entities and organizations of the previous number.
3. the Territorial coordination Plan may bring the entity or body that has take the wording of some or all of the special plans required for their development.
1. Special schemes that develop determinations contained in the General management plans will be drawn up ex officio by the entities referred to in number 1 of the preceding article.
2 also may be drawn up by the agencies that are in charge of the direct execution of the works corresponding to the elements that constitute the organizational structure and general of the territory included in the scope of the General Plan in question.
3 General plans may designate the entity or body responsible for the drafting of the special plans referred to in this article.
1. the special plans that are formulated without the prior existence of Plan Director Territorial coordination or Municipal General Plan, with the exclusive aim of developing basic infrastructure or landscape protection, ways of communication, natural environment or conservation and improvement of specific places, will be written by local authorities, special urban entities or bodies having competence in the urban order.
2. also you can write by agencies that are in charge of the direct execution of the works corresponding to the infrastructure of the territory, even though they are not included in the list of entities and organizations of the previous number.
Special inner urban land reform plans will be drawn up by the local authorities or urban special and, where appropriate, by private individuals.
1 the initial approval of the special plans, any that is its object, shall correspond to the entity or body that has drafted them.
2 the same entity or body shall have the jurisdiction for processing and provisional approval.
3. the procedure for the approval of the special plans will be adjusted to processing rules provided for partial plans. However, it shall apply the provisions of article 125 of the regulation for those special interior refurbishment plans affecting consolidated districts and which have an impact on the affected population.
When formulated on the initiative of local authorities or urban special, before final approval, shall be subject to the report of the ministerial departments and other bodies that are affected.
4. Notwithstanding the provisions in the previous number, case of special schemes whose purpose is to improve urban conditions and especially the aesthetic of the peoples of a region or tourist route and that they do not understand in the planning modification of alignments or swapping destruction of buildings, processing shall be reduced to the prior approval by the Minister of public works and urbanism or by the Provincial Planning Commission , depending on the population concerned, public information for fifteen days in the capital of the province, communications to the affected municipalities and final approval of the above-mentioned bodies.
The final approval of the special plans shall, provided that the initiative is due to local authorities or urban Special: a) if develop a General Management Plan, the competent bodies to approve the partial plans.
(b) in all other cases, the Minister of public works and urbanism.
8th of the 149 article catalogs section.
Catalogs, when not they contain in general plans, special or additional rules and subsidiaries of planning, will be processed, they be adopted and published in accordance with the rules laid down to the effect for partial plans.
Section 9 of the supplementary rules and subsidiaries of the planning article 150.
1 the formulation of the rules referred to in paragraph 3 (a)) of article 88 of this Regulation shall, either to the Provincial Council or the Provincial Planning Commission.
2. the formulation of the rules referred to in paragraphs 2 and 3 b) of the article cited in the previous number will correspond to the municipality or municipalities concerned, to the Commonwealth or supra-municipal entity that those are integrated or, in their absence, to the Provincial Council or the Provincial Planning Commission.
1. the procedure of development of standards complementary and subsidiary will be driven by the entity or body that had formulated them, corresponding to the initial approval and the provisional.
2. the processing of the procedure shall comply with provisions of articles 125, 127 to 130 and 132 to 134 of this regulation.
3. not be agreement provisional approval, moving directly to final approval, when standards have been drawn up by the Provincial Commission of urbanism and it appropriate final approval.
4. the final approval will correspond to the Minister of public works and urbanism when in the case of capitals of provinces or municipalities of population of over 50,000 inhabitants or they affect several municipalities, and the Provincial Commission of urbanism in other cases.
5 the agreement's final approval of the standards will be published: to) in the «Official Gazette», where it has been adopted by the Minister of public works and urbanism.
(b) in the «Official Gazette» of the province, where it has been adopted by the Provincial Planning Commission.
In case of emergency, appreciated by the Council of Ministers, prior favourable report of the Central Commission of urbanism and heard the local entities concerned, the Minister of public works and urbanism may agree the entry into force of complementary norms and subsidiaries for the planning made by the Ministry of public works and urbanism or by any of the entities or competent bodies , according to article 150, without having to follow the ordinary procedure.
Section 10. The delimitation of urban land article 153.
1. the delimitation of urban land in the municipalities that lack of General Plan or subsidiary rules that include content that delimitation, be practiced through the formulation of the corresponding project, the wording of which will be borne by the City Council.
2. the substantive criteria that should be taken into account for the delimitation shall be those laid down in article 81.2 of the law of the land and 101 of this regulation.
3. the processing of the project be accommodated to the rules of procedure established for partial plans, with the particularity that, once granted interim approval, the record shall be submitted to the Provincial report before his elevation to the interim Commission of urbanism for final approval.
4. the final approval agreement will be published in the «Official Gazette» of the province.
Title V of the entry into force, review and modification of the plans article 154.
1 management plans and urbanization projects shall remain in force indefinitely.
2. the alteration of the content of the projects of urbanization plans may carry out through review of them or the modification of one or some of the elements that constitute them.
3. it is understood by Plan review the adoption of new criteria with respect to general and organic structure of the territory or the classification of the soil, motivated by the choice of a different territorial model or by the occurrence of circumstances which have arisen, demographic or economic nature affecting substantially on the organisation, or the exhaustion of the capacity of the Plan.
4. in other cases, the alteration of the determinations of the Plan is regarded as modification, even if such alteration carry isolated changes in classification or rating of the floor, or to impose the provenance check the programming of the General Plan.
1. the updating of the National Plan of management, and their consistency with the successive plans of economic and Social development, can be conducted by the Government in the way that have the respective laws that approve them.
The National Management Plan may only be suspended in the form that is available in its own law or the approving development plans.
2. the revision or modification of the territorial Directors plans of coordination will take place by the procedure established for its development and, where appropriate, on time and for the reasons therein established.
The Council of Ministers, by Royal Decree, on a proposal from the Minister of public works and urban development or, where appropriate, a proposal of this and of the holder or holders of other concerned departments and report of the Central Commission of urbanism, may agree, with audience interested local corporations, suspension of the validity of the territorial Directors plans coordination for all or part of its determinations or territorial scope, to the effects of its revision or modification.
The municipal general plans of management will be reviewed in any of the following cases: to) when the time limit set by the Plan itself for review.
(b) give review circumstances identified by the Plan, based on the total population and its rate of growth, resources, uses and intensity of occupation and other elements that justified the classification of the soil initially adopted, or deplete their forecasts.
(c) when is the Plan affected by the determinations set out in a Plan Director Territorial coordination. The term to promote the revision shall be one year from the entry into force of the latter.
(d) when other circumstances so require it.
1 the review agreement shall be adopted by the entity or entities interested in so-called local to), b) and c) of the preceding article.
2 when circumstances require, the Minister of public works and urbanism, following a report of the Central Commission of urbanism, may order the review of the General management plans, after hearing of the affected local authorities, or according to instance them or special urban entities or the ministerial departments concerned.
3. the review procedure shall comply with the same provisions for the formation of the General Plan.
1. the municipalities shall review every four years the programme of action contained in the Business Plan.
Except as provided in the next issue, the review of the programme of action be approved by the Municipal Corporation concerned, previous public information by a month, to be announced in the "Official Gazette" of the respective province.
2. If as a consequence of this review be modified classified as developable land scheduled, the review of the programme will be completed with determinations and required documents for above ground and is subject to the provisions laid down for the amendment of the plans.
1. when the amendment of the General Plan carried with it an alteration of one or several sectors of the same average use, it will be necessary to again set their respective uses media, as well as the programmed urbanizable whose development has been carried out within the same four-year period, excluding those sectors that have their corresponding partial Plan approved.
2. the sectors that had approved his Plan kept taking advantage means that modified is application of determinations which, on this end, contains the General Plan.
1. complementary and subsidiary rules shall remain in force indefinitely.
2 However, the standards themselves may set a temporary area, if they were rendered on an interim basis and was finally adopted the corresponding General Management Plan.
3 in any case, rules will be void when approval of the corresponding Plan General management of the municipality to which affects or, where appropriate, if it were provided for in paragraph 3 (a)) of article 88, when the relevant subsidiaries municipal nature standards are approved.
4. irrespective of the provisions in the previous issues, the rules may contain between their determinations cases that must proceed to its revision or its replacement by a General Plan.
1. modifications of any of the elements of plans, projects, programmes, policies and ordinances are subject to the same provisions set forth for its formulation.
2. when changing tendency to increase the buildable volume of an area, it will be required in any case, to approve it, the forecast of higher clearances requiring the increase in population density, and the favourable vote of two thirds of members of the Corporation and the Commission who have agreed the initial, provisional and final approval.
3. the same quorum will be required when modifying suscitare opposition from 25 per 100 of the owners of affected or those on farms located facing the same.
1. If modification of plans, complementary norms and subsidiaries and programs of action have aimed a different zoning or urban use of green areas or spaces provided for in the Plan, must be approved by the Council of Ministers, prior favorable reports of the Council of State and the Minister of public works and urbanism and the interested Local Corporation agreements adopted with the quorum of article 303 of the Local Government Act.
2. in this case, may misunderstand is produced, in any case, the final approval by administrative silence, referred to in the articles 41.2 of the land law and 133.1 of this regulation.
1. the Council of Ministers, by Royal Decree, on a proposal from the Minister of public works and urban development or, where appropriate, a proposal of this and of the holder or holders of other concerned departments and report of the Central Commission of urbanism and audience of interested local authorities, may suspend the validity of zoning plans for the whole or part of its territory , for the purposes of its review.
The suspension agreement will be published in the «Official Gazette» and of the province in one of the newspapers of wider dissemination in the same.
2. the agreement referred to in the previous number shall entail the suspension of the granting of licences in the area affected by the same until the final adoption of the complementary norms and subsidiaries of planning that are handed down to temporarily order the territory, insofar as it does not approve the revised Plan.
3. If within the period of six months, counted from the suspension agreement, the complementary norms and subsidiaries for the planning has not been approved definitely, will be restored, without further formalities, the validity of the Plan subject to suspension, without prejudice to the possible application of the provisions of article 27 of the law of the land.
Title VI of the advertising of the plans article 164.
1 advertising plans, complementary norms and subsidiaries, programs of urban action, studies of detail and urbanization projects, with its rules, ordinances and catalogues, will refer to all of the documents that constitute them.
2 consultation of the constituent documents of the instruments of planning or even on the pretext of work that they are doing can be prevented. To this end, municipalities must have a full copy of each of the instruments of planning exclusively for consultation by the managed. This copy must be included testimony of approval initial, provisional and definitive agreements, must be spread, in the members of the corresponding instrument of planning documents, supporting diligence of final approval.
3. the consultation be held in premises pointing the interested municipality. Dependencies that are enabled for this purpose will be open four hours a day, at least. Schedule must correspond to the firm to the public from the rest of the municipal offices.
1 individuals may request, always in writing, information on the urban regime applicable to a farm, polygon or sector, presenting his request at the General registry of the city.
2. the request must identify the farm, polygon or sector, so that doubts may not arise about their situation and other circumstances of fact that comply with.
3. the City Council, to answer the question, will refer to all the data provided by the managed and others that tend to identify the object upon which rests the information.
4. the municipal information will indicate the type and category of soil corresponding to the property, estate or sector concerned and the uses and intensities that are attributed by the General Plan or, where appropriate, by the partial Plan, if approved.
Councils will be a book record, duly authenticated, in which shall be entered all agreements of final adoption of the General plans, partial plans, special plans, programs of urban action, detailed studies, complementary norms and subsidiaries for the planning, urbanization project, project of delimitation of urban land, projects of delimitation of polygons and performance units, re-Division projects and projects of compensation as well as review and modification of such agreements.
Administrative resolutions and judgements that specifically to these urban instruments shall also be entered.
The Ministry of public works and urbanism will dictate the appropriate rules that develop the content and operation of the registration.
1. the advertising carried out by any means of broadcasting that refers to sales of plots, built or unbuilt, plots, flats and premises commercial or industrial, must be expressed, in the case of areas of particular initiative, the date of final approval of the Plan in the case of urbanizable programmed, the special plan of internal reform or study of detail in the case of urban land subject to such development , and the program of urban action and the partial Plan corresponding to when they are located in non-programmed urbanizable.
2. the same allusion to the date of approval of the partial Plan referred to in the previous number shall be recorded in the case of land developed or built under cover of the complementary norms and subsidiaries for the planning.
3 failure to comply with the prescriptions contained in this article shall be considered as urban development infraction to the effects of the sanctions laid down in article 228 of the land law.
1. local councils can create, in the corresponding Ordinance, a document of urban circumstances which occur on farms within the municipal area.
2. This document is referred to as urban identity of land or building, according to the character of the estate referred to, and councils may require it for the allotment, construction or any use of the premises.
3. the urban identity card will be referred to the following urban circumstances:
(a) situation of the estate, with the expression of its boundaries and whether it is built.
b) Management Plan or subsidiary or complementary standards by which determinations is affected and the date of approval of the instrument of planning concerned.
(c) class and category of soil that is locked.
(d) unit of action, polygon or sector concerned.
(e) use and intensity which has attributed the Plan or rules.
(f) in land scheduled and in soil within a program of urban action, use half of the sector in which the estate is and half general use.
(g) system of performance applicable to the polygon or performance unit.
(h) sector or polygon where the right of owner to use medium, in cases that do not apply the expropriation for the acquisition of the property in question, when the latter is situated on land intended for general systems will be effective.
Annex to the regulation of planning reserves of land for appropriations in article 1 partial plans.
Allocations of community to anticipate in a partial Plan equipment will want to book according to the different land uses proposed in each sector by the General Plan, urban action or complementary norms and subsidiaries of the planning program.
Shall be provided in the partial plans allocations of community equipment expressly indicating the pIaneamiento of higher rank those develop, distinguishing itself in any case, because of the key, the following applications:-appropriations needed in residential soil.
-Necessary equipment on industrial land.
-Necessary endowments in land earmarked for tertiary applications.
1. in residential land shall be provided, at a minimum, the following types of equipment:-System of free domain and public use spaces.
-Cultural and educational centers.
-Services of public and social interest.
-Network of pedestrian routes.
2. in industrial land shall be provided, at a minimum, the following types of equipment:-System of free domain and public use spaces.
-Services of public and social interest.
3. on ground intended for tertiary applications be differentiated two situations in the development of the partial plans: 1st which provide only for tertiary applications.
2nd which provide for residential uses, including between the tertiary.
In the first situation will be reserved, as a minimum, the following types of equipment:-System of free domain and public use spaces.
-Services of public and social interest.
-Network of pedestrian routes.
In the second situation, these types of allocations will increase with the corresponding educational institutions.
En_funcion_de soil applications, shall, as a minimum, within the system of free domain and public use spaces, the following areas: to) in residential soils:-gardens.
-Play areas and recreation for children.
(b) in industrial floors:-gardens.
(c) on ground intended for tertiary applications in first situation:-gardens.
(d) in soils for tertiary use in second situation:-gardens.
-Play areas and recreation for children.
The gardens, play areas and recreation for children and pedestrian areas will be Computable as elements belonging to the system of open spaces for public use for the purpose of compliance with the minimum modules of reservation set out in articles 10, 11 and 12 of this annex, when they respect the following conditions: to) gardens: those surfaces that meet the following minimum requirements can compute as public gardens :-Present a surface not less than 1,000 square meters, which can register a circumference of 30 meters in diameter minimum.
-Own conditions, suitable for the planting of plant species.
-Be guaranteed its adequate sunlight in relation to possible surrounding building.
(b) areas of pleasure for children.
They may not have an area less than 200 square meters which can register a circumference of 12 metres minimum diameter, and must be equipped with elements appropriate to the function to be played.
(c) pedestrian areas.
They must have a surface area greater than 1,000 square meters, in which you can register a circumference of 30 meters in diameter minimum.
In partial plans of ground intended for tertiary applications, the set of pedestrian areas included in the system of free domain and public use spaces shall not exceed 40 per 100 of the surface. In the remaining partial plans, this limit may not exceed 20 per 100.
1. the reserve for educational institutions, to provide for partial plans where necessary, will differ depending on the sizes of the housing units provided for in article 9 of this annex, in some or all of the following types: - pre-school education and child care, Center - Center of basic General education.
-Polyvalent unified baccalaureate Centre.
2 the Group of reserves of land for schools, obtained according to the modules provided for in article 10 of this annex, in complete school units, will take place according to the following range of centres, to which correspond the following minimum areas of parcels: to) pre-school education and day care centres: are grouped in minimum units of 1,000 square metres.
((b) Basic General education centers: square meters E. G. B. 8 units 5,000 e. g. B. of 16 units 10,000 E. G. B. 18 11,000 E. G. B. of 22 units 12,000 E. G. B. 24 14,000 c) centers of the polyvalent unified baccalaureate: square meters B. U. P. 12 units 9,000 B. U. P. 18 units 12,000 B. U. P. 24 16,000 article 6.
The booking for services of public and social interest to provide for partial plans will differ based on the criteria set out in articles 10, 11 and 12 of this annex, at all or some of the following types:-Sports Park.
The provision of parking spaces corresponding to the modules provided for in articles 9, 10, 11 and 12 of this annex must meet the following conditions: a) parking space shall have a minimum rectangular area of 2,20 for 4.50 meters.
(b) the minimum area of parking by square, including the proportion of accesses, not be never less than 20 square meters.
(c) of the total number of parking spaces provided for the partial plan a 2 per 100, as a minimum, will be reserved for disabled users. These squares will have a minimum rectangular area of 3.30 by 4.50 meters.
(d) only, it shall be allowed in situation to the outdoors, annexed to the road network, a maximum of 50 per 100 of the total number of parking spaces provided for in the Plan. In residential soils this 50 per 100 maximum refers to the number of seats corresponding to housing.
The network of pedestrian routes established in partial plans, as laid down in article 52.1 of the planning regulations, must have characteristics and large enough to ensure communications not motorised within the planned perimeter, and as much as possible with the adjacent areas, in particular by facilitating access to community equipment.
1. for the purposes of setting proper graduation in the anticipation of the necessary appropriations in residential soil in this annex, the following units of housing to which corresponds an increasing order on the degree of complexity of equipment are defined: basic unit up to 250 homes unit basic up to 500 housing unit integrated up to 1,000 homes 2. The application of the modules of reservation set out in articles 10 and 12 of this annex will be made taking into account the number of houses set by the partial Plan or per 100 square meters of residential buildings, if that number had not been set by the Plan.
3 modules of reservation as defined in articles 10 and 12 of this annex shall apply to the exact number of homes obtained pursuant to the criteria set out in the preceding paragraph. Exceptuará of this rule the endowment of educational establishments of units exceeding 250 homes, for which will be taken as a basis the top digit housing unit ordered from among those defined in paragraph 1 of this article, with the aim of obtaining any of the complete school units considered in section 5.2 of this annex.
1. minimum modules of reserve for appropriations in partial plans that develop residential floors will be those contained in the annexed table to this annex, under the heading of article 10.
2. the minimum module of reserve for system of clearances of domain and types of single-family-for public use may decrease up to 18 square meters housing anyone who is considered to be unit, not being necessary to establish no differentiation of areas within that one, provided that the decreased surface is replaced by the set of landscaped open spaces of private.
3. the surface of the system of free spaces of public use shall not be in any case be less than 10 per 100 total ranked surface.
Minimum modules of reserve for appropriations in partial PIanes that develop industrial land will be as follows: 1. free domain and public use spaces system: minimum reservation module will be 10 per 100 ranked total surface, which binds the industrial use in the planning of higher rank.
The gardens referred to in article 3 of this annex must meet the conditions laid down in article 4 to be Computable as elements belonging to the system of open spaces.
2. services of public and social interest: minimum reservation module will be 4 by 100 ranked total surface, which binds the industrial use in the planning of higher rank. This reserve, in accordance with article 6 of this annex, will decompose in the following way: 2 sports park for 100 commercial equipment 1 per 100 social facilities 1 per 100 3. Parking: Minimum reservation module will be a square per 100 square meters of construction.
1. minimum modules of reserve for appropriations in partial plans that develop ground intended for tertiary applications shall be that shown in the table annexed to this annex under the heading of article 12.
2 many per cent set out in the table referred to in the preceding paragraph shall take as the basis of application the ranked total area dedicated to tertiary applications.
3. in the system of spaces free of ownership and public use corresponding to the ground to tertiary uses the following areas be differentiated, in accordance with article 3 of this Annex:-gardens.
Areas devoted to gardens as a whole will represent, at a minimum, 60 by 100 of the total area of the system of spaces free of ownership and public use corresponding to the ground to tertiary applications.
Booking modules for equipment in residential land housing system units free domain spaces and use public schools services of public and social interest places of park - lie observations gardens - m2 land/housing Areas of play and recreation of children - m2 land/housing preschool nursery - m2 land/housing E.G.B.
-m2 land/housing B.U.P.
-m2 land/housing Sports Park - m2 land/housing commercial equipment - const. m2 / housing social facilities - const/House No./100 m2 m2 building-cation elementary unit.
15 3 10 2 1 partial Plan _ will propose the concrete use of the reserves for schools and services of public and social interest.
15 3 2 10-6 1 3 1 partial Plan will propose the specific uses of the reserve of public and social interest.
15 6 2 10-6 2 4 1 partial Plan will propose the specific uses of the reserve of social facilities, distinguishing, at least, medical and administrative applications.
Between 1,000 and 2,000 sets viv.
15 6 2 10-8 3 6 1 partial Plan will propose the specific uses of the reserve of social facilities, distinguishing, at least, medical and administrative applications.
Between 2,000 and 5,000 sets viv.
15 6 2 10 4 8 4 6 1 partial Plan will propose the specific uses of the reserve of social facilities, distinguishing, however, uses religious, health, healthcare, administrative, cultural, recreational and club for the elderly.
More than 5,000 viv sets.
Those assigned to sets between 2,000 and 5,000 dwellings shall be kept as minimum reservation of partial Plan modules. The reserve of appropriations whose need to be generated to overcome in the management of the partial Plan, the figure of 5,000 housing units, will be defined both in amount and location in the planning of higher rank, taking into account the nature of their own of this equipment.
Minimum modules of reserves for appropriations in tertiary tertiary applications location applications for soil use residential observations system of clearances of domain and use public - service percentage of public and social interest - rate parking spaces - no./100 m2 building system of spaces free of ownership and public use, schools, parking spaces first.
10 4 1 - the partial Plan will propose the concrete applications of the reservation of services of public and social interest.
10 6 1 modules of article 10 of this annex.
The partial Plan will propose concrete applications of the reservation of services of public and social interest, taking into account the observations of the box of the article 10 of this annex.